Request for a preliminary ruling from the Cour d'appel de Bruxelles in the case SPF Finances.

Must Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, and more specifically Articles 2, 4, 10 and 11 thereof read together, be interpreted as precluding provisions of national law, such as Articles 161 and 162 of the Belgian Inheritance Tax Code, amended by the Programme-Law of 22 December 2003, concerning the tax on undertakings for collective investment, in so far as that tax is imposed annually on undertakings for collective investment established as companies with share capital in another Member State and marketing their shares in Belgium, on the total amount of their shares subscribed in Belgium reduced by the amount of repurchases or refunds of those subscriptions, with the consequence that the sums collected in Belgium by such undertakings for collective investment are subject to that tax while they remain at the disposal of those undertakings?


Informatiesoort: Nieuws

Rubriek: Europees belastingrecht

H&I: Previews


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