Italy’s Supreme Court recognizes beneficial ownership of a Luxembourg sub-holding in light of CJEU Danish Cases

Executive summary

Italy’s Supreme Court (the Court), in decision n. 14756 of 10 July 2020, relied on the principles adopted by the Court of Justice of the European Union (CJEU) on the Danish Cases¹ to clarify certain prerequisites for the application of the withholding tax (WHT) exemption under Directive 2003/49/EC (Interest and Royalty Directive or IRD) and established the conditions for a foreign sub-holding to meet the beneficial owner (BO) status.

Detailed discussion

In the case broug…