News and insights

01-12-2020 - WTS Global ETLC Newsflash #14: Beneficial owner in Spanish Case Law

The Spanish Supreme Court decided on the limitations of dynamic interpretation of double taxation agreements. In a case concerning the concept of beneficial ownership the Court ruled in favour of the taxpayer, since the relevant treaty article does not reference this concept. Considering this as an active silence of the signatories of the DTA, the concept of beneficial ownership cannot be applied by dynamic interpretation. However a static interpretation of DTAs may not devalue the importance of soft law instruments. You can find here the Newsflash #14 by WTS Global European Tax Law Center. 

 

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