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AG Opinions Issued Finding that German Capital Income Tax Refund Conditions Violate EU Law

|Approved Changes|Germany-European Union
Germany-European Union

On 20 January 2022, an opinion was issued from Advocate General (AG) Collins of the Court of Justice of the EU (CJEU) for a preliminary ruling on whether German refund (reimbursement) conditions for withholding tax on certain capital income violate EU Law. The case and opinion are summarized as follows.

Introduction

The request for a preliminary ruling from the Finanzgericht Köln (Finance Court, Cologne, Germany) concerns the compatibility, with the EU rules governing the free movement of…

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