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By Romain TIFFON and Steve IDRISSOU, ATOZ Tax Advisers *
On 2 April 2020, in decision C-458/18 (the “Decision”), the Court of Justice of the European Union (“CJEU”) ruled on the applicability of the Parent Subsidiary Directive 2011/96/EU (“PSD”) to dividends paid by a company resident in the EU to a company resident in Gibraltar. This Decision could be seen as a “flip flap”(1) of the CJEU to a market practice set by the European Commission and the European Parliament (respectively the “Commission” and the “Parliament”).
In that context, on 1 December 2020, in order to address the uncertainty resulting from the Decision and clarify its implications for Luxembourg corporate taxpayers, the Luxembourg tax authorities issued Circular L.I.R....
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