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Finnish Supreme Administrative Court Holds Merger of Finnish and Luxembourg Investment Funds Not a Taxable Event — Orbitax Tax News & Alerts

On 22 September 2014, Finland's Supreme Administrative Court issued its decision that the merger of a Finnish investment fund and a Luxembourg investment fund is not a taxable event under the freedom of establishment and free movement of capital principles of the Treaty on the Functioning of the EU. The decision upholds an earlier decision on the matter by the Central Tax Board in 2013.

Both funds were compliant with the EU directives for the Undertakings for Collective Investment in Transferable Securities, which allow collective investment schemes to operate freely throughout the EU on the basis of a single authorization from one Member State.