Spanish Supreme Court Upholds High Court Decision that Burden of Proof Falls on Tax Authority for Abusive EU Holding Structures

According to a release published on 21 June 2023, the Spanish Supreme Court has issued a decision on the burden of proof in relation to a potentially abusive claim for a withholding tax exemption on dividends paid by a Spanish subsidiary to its foreign parent under the EU Parent-Subsidiary Directive (PSD). As previously reported, the case involved the payment of dividends by a Spanish company in 2009 and 2010 to a Luxembourg company wholly owned by a Canadian pension fund, for which the PSD …