Portugal ECJ Claims: A Comprehensive Timeline for Investment Funds
An Introduction to ECJ Claims One method for investment funds to seek withholding tax relief is through claims based on European Court of Justice (ECJ) legal precedent. When EU Member States impose different tax treatments on domestic and comparable foreign investment funds, it results in unjustified discriminatory tax practices that contravene the EU’s principle of free movement of capital, as outlined in Article 63 of the Treaty on the Functioning of the European Union.
Germany’s Bundesfinanzhof Landmark Decision: A Victory for Foreign Investment Funds
In a pivotal ruling, Germany’s Federal Financial Court (Bundesfinanzhof) has recently declared that foreign investment funds are entitled to a refund of dividend withholding tax previously paid. This decision, which addresses a longstanding issue of discriminatory tax practices against foreign investment funds for dividends received prior to 2018, marks a significant milestone in upholding equitable treatment under EU law. With substantial sums at stake, the refunds could lead to an increase in fund basis-points, offering a long-overdue remedy for years of unfair taxation.
Unlocking Immediate Value from Withholding Tax Claims Through WTax’s Claim Monetization Solution
In the fast-paced world of asset management, time is often as valuable as capital. For many funds and institutional investors, significant capital can be tied up in foreign withholding tax (WHT) reclaims, with a waiting period that could stretch from 12 to 48 months. This delay in receiving refunds not only hampers shareholder returns but also exposes investors to risks such as inflation, which erodes value over time.
Spotlight on WTax’s Service Department: An Interview with Julia Bricker
At WTax, our commitment to excellence is deeply rooted in the dedication and expertise of our various departments. Specialising in providing end-to-end withholding tax recovery services for institutional investors, we strive to maximise withholding tax reclaim benefits. In this series, we spotlight the different divisions within our company, showcasing the depth of our expertise and the passion that drives our teams.
Navigating ECJ Reclaim Opportunities for Pension Funds
Pension funds investing in European markets face significant challenges and opportunities when reclaiming excess withholding tax. With recent legal developments and rulings from the European Court of Justice, it’s crucial to understand the landscape and how to leverage these opportunities effectively.