An analysis by Arsene
The decision of the Danish Supreme Court of 9 January 2023 endorsed the possibility of applying the tax treaty between the country of the source of income and the country of the beneficial owner (versus the country of the apparent beneficiary) in relations to withholding tax exemption.
In this context, the decision of 7 December 2022 “Foncière Vélizy Rose” of the Paris Administrative Court of Appeal appears to be a missed opportunity for the taxpayer. However, this judgment has the advantage of illustrating the application of the “beneficial owner” clause to the structuring of a French real estate investment via a chain of holdings of two Luxembourg holding companies.
Our French firm, Arsene, explores the reasons behind this missed opportunity.
Read the full article here.
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