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Case C-252/14: Judgment of the Court (First Chamber) of 2 June 2016 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Pensioenfonds Metaal en Techniek v Skatteverket (Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Taxation of pension funds’ income — Difference in treatment of resident and non-resident pension funds — Resident pension funds subject to lump sum taxation on the basis of a notional yield — Withholding tax applied to dividends received by non-resident pension funds — Whether comparable)
ECLI:EU:UNKNOWN:62014CA0252
62014CA0252
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8.8.2016
Official Journal of the European Union
C 287/4
(Case C-252/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Free movement of capital - Article 63 TFEU - Taxation of pension funds’ income - Difference in treatment of resident and non-resident pension funds - Resident pension funds subject to lump sum taxation on the basis of a notional yield - Withholding tax applied to dividends received by non-resident pension funds - Whether comparable))
(2016/C 287/05)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Pensioenfonds Metaal en Techniek
Defendant: Skatteverket
Operative part of the judgment
Article 63 TFEU must be interpreted as:
—not precluding national legislation under which the dividends distributed by a resident company are subject to a tax levied at source (a withholding tax) where those dividends are paid to a non-resident pension fund and, where those dividends are paid to a resident pension fund, to a tax calculated as a definitive lump sum and on a notional yield, which, over time, is intended to correspond to the normal taxation of all yields on capital under the general law regime;
—nevertheless precluding non-resident pension funds being prevented from taking into account any professional expenses directly linked to the receipt of dividends, where the calculation method for the tax base of resident pension funds allows them to be taken into account, that being a matter for the referring court to determine.
* * *
(<span class="super">1</span>) OJ C 235, 21.7.2014.