Tag: Excessive interest

Luxembourg vs Lender Societe, July 2019, Cour Administratif, Case No 42083

Luxembourg vs Lender Societe, July 2019, Cour Administratif, Case No 42083

Lender Societe had acquired real estate in 2008 for EUR 26 million. The acquisition had been financed by a bank loan of EUR 20 million and a shareholder loan of EUR 6 million. The interest rate on the shareholder loan was set at 12%. The Tax Authorities found that the “excessive” part of the interest paid on the shareholder loan was as a hidden distribution of profit subject to dividend withholding tax. The hidden profit distribution was calculated as the difference between an arm’s length interest rate set at approximately 3% and the interest rate according to the loan agreement of 12%. Lender Societe disagreed with the assessment and brought the case before the Tribunal Administratif. The Tribunal agreed with the Tax Authorities and qualified the excessive interest payments as a hidden profit distribution subject to a 15% dividend withholding tax. The decision of the Tax Tribunal is affirmed by the Cour Administratif. Click here for translation Luxembourg vs S.A 17 July 2019 Case No 42043C ... Continue to full case
Netherlands vs NL PE, October 2018, Amsterdam Court of Appeal, case no. 17/00407 to 17/00410

Netherlands vs NL PE, October 2018, Amsterdam Court of Appeal, case no. 17/00407 to 17/00410

The issue in this case was attribution of profits to a permanent establishment in the Netherlands. Click here for translation ECLI_NL_GHAMS_2018_2438, Gerechtshof Amsterdam, 17_00407 tm 17_00410N ... Continue to full case
Luxembourg vs Lender Societe, November 2018, Tribunal Administratif, Case No 40348

Luxembourg vs Lender Societe, November 2018, Tribunal Administratif, Case No 40348

Lender Societe had acquired real estate in 2008 for EUR 26 million. The acquisition had been financed by a bank loan of EUR 20 million and a shareholder loan of EUR 6 million. The interest rate on the shareholder loan was set at 12%. The Tax Authorities found that the “excessive” part of the interest paid on the shareholder loan was as a hidden distribution of profit subject to dividend withholding tax. The hidden profit distribution was calculated as the difference between an arm’s length interest rate set at approximately 3% and the interest rate according to the loan agreement of 12%. Lender Societe disagreed with the assessment and brought the case before the Tribunal Administratif. The Tribunal agreed with the Tax Authorities and qualified the excessive interest payments as a hidden profit distribution subject to a 15% dividend withholding tax. Click here for translation Luxembourg vs Societe 071018 tribunal administratif du Luxembourg No 40348 ... Continue to full case
Sweden vs Cambrex, April 2013, Administrative Court, Case No. 456-11

Sweden vs Cambrex, April 2013, Administrative Court, Case No. 456-11

In the Cambrix case the issue was whether the interest rate on an shareholder loan had been at arm’s length. The court concluded that the burden of proof was on the Swedish tax authorities and that sufficient evidence had not been provided to support the claim that the interest rate had not been at arm’s length. Click here for translation Sweden vs Cambrex AB 2013-04-26 ... Continue to full case