Tag: Airport

Infrastructure sector category covering transfer pricing and tax disputes involving airport operators, ownership structures, and intra-group arrangements within aviation hubs. Cases frequently examine holding structures, beneficial ownership, and withholding tax on dividends paid by airport-operating entities.

Austria vs LU Ltd, March 2019, VwGH, Case No Ro 2018713/0004

Austria vs LU Ltd, March 2019, VwGH, Case No Ro 2018713/0004

/ General Anti-Avoidance Rules (GAAR), Shares and Dividends, Tax Avoidance Schemes, Withholding Tax (WHT), Abusive, Airport, Cayman Islands, Dividends, Economic reason, Foreign Tax Credit (FTC), Luxembourg, Substance test
A Luxembourg company holding a 30% stake in an Austrian airport operator claimed a refund of withheld dividend tax. Austrian tax authorities denied the refund, treating the structure as abusive due to links to a Cayman Islands fund. The Federal Fiscal Court upheld the denial, but Austria's Administrative High Court reversed this in 2019, finding the Luxembourg parent had genuine economic substance and a valid business reason existed ... Read more