EU court to hear challenge to Denmark’s withholding tax on dividends paid to foreign investment funds

The European Court of Justice has published a reference for a Danish case (C-480/16) in the Østre Landsret involving Fidelity Funds.

At issue is whether non-Danish undertakings for collective investment covered by Council Directive 85/611/EEC  (the UCITS Directive) are taxed at source on dividends from Danish companies contrary to principles of free movement of capital or freedom to provide services.

The question referred notes that equivalent Danish undertakings for collective investment can obtain an exemption for tax at source.