Spain
Supreme Court rules in favor of dividend withholding tax refunds for EU Alternative Investment Funds
- The Supreme Court puts an end to the discrimination of EU AIFs in its recently published judgement of April 25, 2023, in a case advised by Cuatrecasas.
- Spanish AIFs are taxed at a 1% rate on dividends received from Spanish entities while foreign AIFs are subject to a final 19% withholding tax (that may eventually be reduced under the relevant tax treaty).
The Supreme Court has clarified which features a non-Spanish AIF should have in order to apply the 1% tax rate, abandoning the traditional criteria applied by the tax authorities.