Supreme Administrative Court gives first decision on application of domestic substance-over-form rule in tax treaty context

The Supreme Administrative Court recently gave its decision in a case involving the application of the domestic substance-over-form rule to the 1980 Cyprus - former Czechoslovakia tax treaty. The case is noteworthy because this is the Court's first ruling on the application of domestic general anti-avoidance rules (GAAR) in a tax treaty context and the relationship between GAAR and tax treaties is a topic of significant debate in the international tax literature.