Madrid’s Regional Administrative Tax Court rules in favour of several investment funds and pension schemes

EU direct tax group newsflashes ()

The Madrid’s Regional Administrative Tax Court (TEAR) in several decisions dated June 25, 2012 acknowledges the application of EU Law over previous discriminatory National Law on the treatment of four EU resident pension schemes (from UK and The Netherlands) and 17 investment funds (from UK and Luxembourg) before 2010. In this regard, the TEAR specifically refers to Spanish National High Court of Justice (Audiencia Nacional) which delivered a judgment regarding withholding taxes levied on three Dutch pension schemes in Spain.