Details

Titel

0.5% capital duty abolished from 2009

Ist Teil von

• International tax review, 2008-10

Ort / Verlag

London: Euromoney Institutional Investor PLC

Erscheinungsjahr

2008

Quelle

EBSCOhost Business Source Ultimate

Beschreibungen/Notizen

• The Luxembourg Administrative Court overturned a decision of the Administrative Tribunal regarding the application of the participation exemption regime (exemption for corporate income tax and municipal business tax purposes of dividends and capital gains on shares as well as exemption of the value of such shares for net wealth tax purposes) to a call option on shares in a Singapore company. The court was called upon to decide what is to be understood as a holder of a participation within the meaning of the corporate income tax law and the valuation law in order to rule whether the holder of a call option on shares could benefit or not from the participation exemption regime. In the case at hand, the court decided that the holder of the option was the economic owner of the shares despite the fact that he was not the legal owner.