Advocate General Kokott has given an opinion in the case Masco Denmark.

Kokott proposes that the Court should rule as follows: Article 43 EC, read in conjunction with Article 48 EC does not preclude a Member State from not allowing a resident company a tax exemption for interest income where an affiliated company within the same group established in another Member State is not entitled to a tax deduction for the corresponding interest expenditure as a result of rules (as in the present case) in the relevant Member State on interest deduction limitation in cases of thin capitalisation, where the Member State allows a resident company a tax exemption for interest income in cases where an affiliated company within the same group in that same Member State is not allowed a tax deduction for the corresponding interest expenditure as a result of national rules (as in the present case) on interest deduction limitation in cases of thin capitalisation.

C-593/14

 

Informatiesoort: Nieuws

Rubriek: Europees belastingrecht

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