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Spanish Supreme Court Upholds High Court Decision that Burden of Proof Falls on Tax Authority for Abusive EU Holding Structures

|Approved Changes|Spain
Spain

According to a release published on 21 June 2023, the Spanish Supreme Court has issued a decision on the burden of proof in relation to a potentially abusive claim for a withholding tax exemption on dividends paid by a Spanish subsidiary to its foreign parent under the EU Parent-Subsidiary Directive (PSD). As previously reported, the case involved the payment of dividends by a Spanish company …

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