| Abstract [eng] |
This thesis examines rules that regulate dividends taxation in European Union. Dividends taxation in European Union was harmonized 30 years ago and thus this thesis focuses on rules governing taxation of dividends that are not harmonized throughout the European Union, i. e. portfolio dividends. First part of the thesis reveals dividends taxation system is in force right now. Firstly, Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States. Changes that were done to this directive over time are assessed. Organisation for Economic Co-operation and Development Model Tax Convention on Income and on Capital is also examined because it contains norms that distribute taxing rights of dividends between Member states. This part also analyzes dividends and problems that investor run into in cases of dividends that are not harmonized in either of mentioned documents. Second part of the thesis focuses on proposals that would eliminate double taxation of portfolio dividends. “Soft” law incentives that are already adopted are evaluated together with proposals that exist only at the level of discussions. The aim of the third working day is to present the already existing traditional methods of taxation of portfolio dividends, which arise from the case law of the Court of Justice of the European Union. The case law of the Court of Justice of the European Union in the field of portfolio dividends can be divided into a block: dividend situations from foreign sources and dividend payout situations in another Member State. Aim of the third part of the thesis is to present already existing rules around taxation of portfolio dividends which can be found in the Court of Justice of the European Union jurisprudence. Case law of the Court of Justice of the European Union in field of portfolio dividends, can be divided into two big groups: outbound and inbound dividends. |
