Executive summary
The Spanish National High Court recently issued three decisions regarding the application of the dividend withholding tax (DWHT) exemption under the European Union (EU) Parent Subsidiary Directive (EU PSD) and the beneficial ownership requirement related to an EU holding structure.
These decisions, which are favorable to the taxpayer, differ from the more general position taken by the Spanish tax authorities and tax courts post-Danish cases (summarized below).1
Detailed discussion…