European Union tax issues were the focus of a KPMG seminar for clients at the Westin Dragonara Resort a few days ago.

KPMG tax partner Juanita Brockdorff and experts from the Netherlands, France, Germany and the UK gave presentations on issues like anti-avoidance, and judgments delivered recently by the Court of Justice.

In the wake of these judgements, and as a result of the experience obtained by the guest speakers in dealing with such issues, discussions highlighted the right of non-EU fund claimants. Just like EU funds, non-EU fund claimants can reclaim tax withheld against the ‘free movement of capital’ where a different tax treatment is applied to EU and non-EU funds.

Séverine Lauratet, a lawyer affiliated with the KPMGnetwork, who successfully pleaded a recent case, also led a discussion on opportunities to reclaim withholding taxes onthe basis of these judgments by Maltese entities.

KPMG EU Tax Centre Netherlands chairman Robert van der Jagt provided an overview of claims concerning tax illegally withheld in other countries. There was also a discussionon the common consolidatedcorporate tax base and financial transaction tax, and theproposed savings taxdirective developments.

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