X BV and another company v Staatssecretaris van Financien

European Union – Freedom of establishment. Articles 49 and 54 of the Treaty on the Functioning of the European Union should be interpreted as precluding national legislation, such as that at issue in the main proceedings, pursuant to which a parent company established in a member state was not allowed to deduct interest in respect of a loan taken out with a related company in order to finance a capital contribution to a subsidiary established in another member state, whereas if the subsidiary was established in the same member state, the parent company could avail itself of that deduction by forming a tax-integrated entity with it. The Court of Justice of the European Union so held, among other things, in proceedings between the taxpayer company and the State Secretary for Finance, the Netherlands.

Category: