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By Oliver R. Hoor (picture) and Björn Dernbecher *
Where German funds (Sondervermögen) invest via Luxembourg holding and property companies it is necessary to ascertain if and at what rate Luxembourg withholding tax will be levied on distributions from the Luxembourg companies to the fund. This article analyses the withholding tax implications of dividend distributions to German funds under Luxembourg domestic and tax treaty law.
I. Introduction
A German fund (Sonderver-mögen) is a fund with no legal personality that is managed by a German management company (Kapitalanlagegesellschaft). The latter may be incorporated as a German limited liability company (GmbH) or a joint-stock company (AG). The assets of the German fund are separate...
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