Spanish Supreme Court Rules Withholding Tax on German Hedge Fund Income is Contrary to Free Movement of Capital

A decision of the Spanish Supreme Court was published on 15 May 2023 concerning whether the withholding tax imposed on dividends paid by Spanish listed companies to German alternative investment funds (hedge funds) is contrary to the principle of free movement of capital in Article 63 of the TFEU. The appellants in the case are alternative investment fund management companies of German hedge f…
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