Opinion of the Advocate General — ECLI:EU:C:2002:84
Date: 2002-02-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Taxation;Indirect taxation
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Capital duty levied on companies — Applicability to the acquisition of dividend 
certificates issued by a capital company — Application to additional payments exceeding 
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SUMMARY — CASE C-71/00 
the nominal value of the certificates — Condition — Application to payments made by 
the acquirer's parent company — Condition — Assessment by the national courts 
(Council Directive 69/335, Art. 4(l)(d)) 
The issue by a capital company of dividend 
certificates, which confer on their owner a 
share in the profits or a share in the surplus 
upon liquidation of the issuing company 
comes, as a rule, within the scope of 
Article 4(1 )(d) of Directive 69/335 con­
cerning indirect taxes on the raising of 
capital, pursuant to which an increase in 
the assets of a capital company by a 
contribution of assets in consideration of 
rights of the same kind as those of 
members, is subject to capital duty. 
All payments made by the acquirer of the 
dividend certificates to finance that acquisi­
tion including additional payments exceed­
ing the nominal value of the certificates are 
subject to capital duty, where their pay­
ment is an essential condition of that 
acquisition. 
Where it is a matter of deciding whether 
additional payments made by the parent 
company of an acquirer of dividend certifi-
cates come within the scope of 
Article 4(l)(d), it is appropriate to establish 
to what extent such payments must be 
deemed to have been made by that 
acquirer, such determination being a matter 
for the national court. 
(see paras 21, 23-24, 26) 
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