EVENTS

Webinar: Beneficial owner clause and the prohibition on abusing this right with the example of ECJ rulings in Danish cases

We invite you to the first event in the series of open webinars: “Selected aspects of withholding tax” dedicated to ECJ rulings in Danish cases, many of which have been considered to be ground-breaking in tax planning with regard to passive payment flows within the EU framework and vis-a-vis third countries. The main speaker of the event will be Erik Banner-Voigt. The webinar is free of charge and will take place in English.

The second webinar entitled: “Selected aspects of the Polish withholding tax reform - key changes, challenges and emerging trends” is scheduled for November 10th, 2020 from 4:30pm - 6:00pm (open event in Polish).

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Beneficial owner clause and the prohibition on abusing this right with the example of ECJ rulings in Danish cases

Rulings of the European Court of Justice (ECJ) in Danish cases T Danmark (Case no. C-116/16) and N Luxembourg 1 (case no. C-115/16) dated 26.02.2019, which were rendered against the background of applying withholding tax exemptions based on an EU Directive on parent companies and subsidiaries as well as a Directive on the taxation of interest and license fees, are a breakthrough with regard to tax planning with the use of holding companies in the EU.

Most commentators jointly agree that argumentation in the cited rulings significantly deviates from hitherto ECJ adjudication with regard to withholding tax exemption sanctioned by the cited tax directives. Fundamental issues raised by the EU court relate to the manner of interpreting clauses on beneficial owner of passive payments and the ban on abusing a right through the creation of artificial holding structures.

As acquis communautaire, these rulings are important from the perspective of Polish entities paying dividends, interest and license fees to affiliated entities and other member states. In order to better understand potential tax consequences arising from these rulings, main ECJ arguments in these rulings will be presented during the webinar with particular reference to Danish factual-legal conditions. Key similarities and differences between these resolutions will be discussed with the opinion of the Advocate General and the approximate impact of ECJ rulings on the adjudication of specific member states will be assessed.

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AGENDA:

16:30 - 16:35 Introduction - dr Wojciech Sztuba

16:35 - 17:05 Beneficial owner clause and the prohibition on abusing this right with the example of ECJ rulings in Danish cases from the perspective of a Danish lawyer - Erik Banner-Voigt

17:05 - 17:20 The AG Kokott’s Opinions vs the ECJ Judgements on the Danish BO Cases: The Similarities and Differences in the Perception of Beneficial Owner - dr Błażej Kuźniacki

17:20 - 17:35 The reception of Danish rulings in adjudication in selected EU member states - the approach of national courts in other member states, prediction of the approach of Polish administrative courts - dr Filip Majdowski

17:35 - 17:55 Q&A - dr Błażej Kuźniacki (moderator)

17:55 - 18:00 Summary - dr Wojciech Sztuba

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REGISTRATION

Participation in the event is free but registration is required: Selected aspects of withholding tax (WHT) - webinar I

Limited number of places. Confirmation of participation will be sent in separate correspondence.

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Download brochure (pdf): Selected aspects of withholding tax (WHT)

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Series of webinars under the patronage of dr Michał Wilk’s podcast „Dzień Dobry Podatki”.