Germany - BFH ruled on deductibility of expenses from the withholding tax base of royalty payments

EU direct tax group newsflashes ()

The Federal Fiscal Court (BFH, I R 76/10) decided recently that the calculation of withholding taxes on royalty payments is not in line with EU law as it does not allow for a deduction of directly linked expenses. Read more about a case involving a German television broadcaster that paid royalties for performing rights to a Lux SA in 2004 and 2007.