Argenta Spaarbank NV v Belgische Staat

European Union – Companies. A domestic provision that excluded, generally and automatically, tax deductibility, as business expenses or charges, of interest relating to loans taken out by a parent company up to an amount equal to the amount of dividends paid out by a holding of that parent company in the capital of a subsidiary, that already benefited from tax deductibility, even if the payment of that interest did not relate to the financing of the acquisition of that holding, was not a compliant implementation of the derogating rule set out in art 4(2) of Council Directive (EEC) 90/435. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the lawfulness of a tax assessment sent to the taxpayer credit institution in respect of corporation tax.

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