*Caster and another v Finanzamt Essen-Sud

European Union – Income tax. The Court of Justice of the European Union ruled that art 63 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 which provided that the failure by a non-resident investment fund to comply with the obligations to communicate and publish certain information required by that legislation, which were applicable without distinction to resident and non-resident investment funds alike, resulting in the flat-rate taxation of the income which the taxpayer earned from that investment fund, since that legislation did not allow the taxpayer to provide evidence or information that could prove the actual size of that income.

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