ECJ Free movement of capital – Tax legislation – Corporation tax – Interest paid by a resident company on funds lent by a company established in a non-member country – Existence of ‘special relations’ between those companies – Thin capitalisation rules – No right of deduction in relation to interest on the part of the overall debt regarded as excessive – Interest deductible if paid to a company resident in the national territory – Tax evasion and avoidance – Wholly artificial arrangements – Arm’s length terms – Proportionality
ECLI:EU:C:2013:629, [2013] EUECJ C-282/12
Bailii
European
Corporation Tax
Updated: 11 November 2021; Ref: scu.516348