Contributed to the official commentary of law on CIT regarding substance of holding companies

Our tax litigation team has successfully provided written comments regarding the new commentary of the general anti-abuse rule (GAAR) on taxation of cross-border dividends. The first version of the drafted commentary did not provide any examples and clear explanations on what should be a substantial requirement for a holding company. In order to provide legal certainty to our clients in the future, our law firm participated in the legislative procedure by submitting written comments and observations, which were based on the case-law of the CJEU and the practice of the other Member States.

The Ministry of Finance considered our remarks regarding substance requirements for the holding companies and transferred them into the official commentary on Law on Corporate Income Tax.

Experience