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Foreign Investments: The Challenges of Withholding Tax

This article explores the complexities of withholding tax reclaim for foreign investors and how you can maximise on tax refund opportunities.

2020 looks set to be the year where investors secure profitable growth by venturing into new demographic segments and geographies, leaving their comfort zones to perform new activities and harnessing investment technology to unlock agility and value (source). But despite technological uptake and a more explorative approach to investing, most investors are still completely in […]

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Withholding tax & the free movement of capital in the EU: what investors needs to know

As a political and economic union of sovereign states, understanding the regulatory framework of the European Union presents a unique challenge for investors. The mechanics of claiming withholding tax in the EU are a case in point. Any investor seeking to reclaim dividend withholding tax needs to take into account the relevant national legislation, as […]

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Withholding tax claims for international investors in Europe: The case of Emerging Markets Series of DFA Investment Trust Company v Dyrektor Izby Skarbowej w Bydgoszczy

The free movement of capital is woven into the framework of the European Union. Article 63 of the Treaty on the Functioning of the European Union (TFEU) states that “all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibited”. What are the limits on the […]

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Fokus Bank ASA v The Norwegian State: A test case for the single market

The European Single Market was founded on the principle of guaranteeing the “four freedoms” of open economies: free movement of capital, services, goods and labour between member states. The commitment to a common market with parity between states has clear implications for member-state tax fiscal policy, and for tax policy in particular. Free movement of […]

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