Dutch Supreme Court Issues Decision on whether Dividends Withholding Tax Results in a Restriction on the Free Movement of Capital

On 4 March 2016, the Dutch Supreme Court issued its final decision concerning withholding tax on dividends paid to two Belgian individuals and to a French company. The cases involved whether the Netherland's withholding tax on dividends paid resulted in a restriction on the free movement of capital and whether refunds are due. The claimants' argument is based primarily on the withholding tax being deductible for Dutch residents but a final tax for non-residents.

The cases were initially ref…