Austria Wins EU Double Taxation Fight Against Germany

Law360, New York (September 12, 2017, 6:08 PM EDT) -- A European Union court ruled Tuesday that only Austria should be allowed to tax the income from certificates that one of its banks received from a German bank, rejecting Germany’s contention that it could tax the income under an agreement between the two countries.

The countries had squared off over how to tax income from so-called profit-participation certificates that German bank WestLB issued to UniCredit Bank Austria AG. The dispute hinges on a phrase in a double-taxation agreement between the states, the German-Austrian Convention, that involves...
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