Thin Capitalization Legislation and the EU Corporate Tax Directives

Journal
Dongen, T.J.C. van
European Union
European Taxation 2012 (Volume 52), No. 1
FormatPDF
EUR
40
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45
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Many Member States have thincap legislation limiting the deductibility of interest payments and possibly reclassifying (remuneration on) debt instruments. This article argues that if this legislation results in the non-deductibility of interest only, both the EU Interest and Royalties Directive and the Parent-Subsidiary Directive are not applicable. The latter is, however, applicable where thincap legislation reclassifies (remuneration on) debt instruments as equity (dividends). As a result, a gap exists between the application of the EU directives and thincap legislation.