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CJEU Holds Belgian Rule Restricting Interest Deductions Violates Parent-Subsidiary Directive

|Approved Changes|Belgium-European Union
Belgium-European Union

On 26 October 2017, a judgment was issued from the Court of Justice of the European Union (CJEU) concerning whether the EU Parent-Subsidiary Directive conflicts with a Belgian rule according to which interest payments by a company are non-deductible to the extent that in the same tax year it receives exempted dividends from holdings that have been owned by the company for less than a year.

The case involves Belgian-based credit institution Argenta Spaarbank, which in the financial years 19…

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