Official Journal of the European Union

C series

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C/2025/35

(Case C-782/22,

XX (Unit-linked contracts))

(Reference for a preliminary ruling - Article 63(1) TFEU - Free movement of capital - Restrictions - Tax legislation - Corporation tax - Taxation of dividends - Equal treatment of resident and non-resident companies - National legislation reserving to resident companies the possibility of deducting from their taxable profits relating to dividends the expenses corresponding to their commitments to their customers under ‘unit-linked’ insurance contracts and of offsetting in full taxation of the dividends against corporation tax)

(C/2025/35)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant: XX

Respondent: Inspecteur van de Belastingdienst

Operative part of the judgment

Article 63(1) TFEU must be interpreted as precluding national legislation under which dividends distributed by a resident company to a non-resident company, which has invested in the shares of the first company in order to cover future payment commitments, are subject to a dividend tax of 15 % on their gross amount, whereas dividends distributed to a resident company are subject to withholding tax which may be offset in full against the corporation tax payable by the second company and give rise to a refund, leading to the tax burden on those dividends being nil due to the taking into account, in the calculation of the second company’s corporation tax base, of the costs arising from the increase in its future payment commitments.

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Language of the case: Dutch

ELI: http://data.europa.eu/eli/C/2025/35/oj

ISSN 1977-091X (electronic edition)

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