July 2009
Development in respect of EU law may make certain investment funds eligible for tax refund claims
The following memorandum looks at the withholding tax charged by a EU Member State on dividends distributed to a tax exempt parent company, which can be an investment fund such as a Luxembourg SICAV, resident in another EU Member State and which may be in breach of EU law. Based on specific conditions as cited below, certain tax refund claims may be made, however, they may be subject to time limitations and should, therefore, be filed with the competent tax authorities of the relevant EU Member State promptly.
By Frédéric Feyten, François Pfister and Chokri Bouzidi.
