CELEX: 62011CA0350
Language: en
Date: 2013-07-04 00:00:00
Title: Case C-350/11: Judgment of the Court (First Chamber) of 4 July 2013 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen — Belgium) — Argenta Spaarbank NV v Belgische Staat (Tax legislation — Corporation tax — Deduction for risk capital — Notional interest — Reduction of the amount deductible by companies with establishments abroad the income from which is exempt under double taxation conventions)

24.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 245/3
            
         Judgment of the Court (First Chamber) of 4 July 2013 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen — Belgium) — Argenta Spaarbank NV v Belgische Staat
   (Case C-350/11) (1)
   
   (Tax legislation - Corporation tax - Deduction for risk capital - Notional interest - Reduction of the amount deductible by companies with establishments abroad the income from which is exempt under double taxation conventions)
   2013/C 245/04
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van eerste aanleg te Antwerpen
   
      Parties to the main proceedings
   
   
      Applicant: Argenta Spaarbank NV
   
      Defendant: Belgische Staat
   
      Re:
   
   Request for a preliminary ruling — Rechtbank van eerste aanleg te Antwerpen — Interpretation of Article 49 TFEU — Tax legislation — Corporation tax — Deduction for risk capital (‘notional interest’) — Reduction of the amount deductible, for companies with establishments abroad the income from which is exempt under agreements to prevent double taxation conventions
   
      Operative part of the judgment
   
   Article 49 TFEU must be interpreted as precluding national legislation under which, for calculation of a deduction granted to a company subject to full tax liability in a Member State, the net value of the assets of a permanent establishment situated in another Member State is not taken into account when the profits of that permanent establishment are not taxable in the first Member State by virtue of a double taxation convention, whereas the assets attributed to a permanent establishment situated in the territory of the first Member State are taken into account for that purpose.
   
      (1)  OJ C 282, 24.9.2011.