Tax Treaty Case Law around the Globe 2017

1. S. 150Introduction

On February 2016, the Spanish Supreme Court ( hereinafter the “SC”) released a number of decisions on the same transactions (several leveraged buyouts) of a very well-known company, which affected that company and its resident and non-resident shareholders. The cases contain extremely complex procedural and substantive issues, but this contribution will only comment on (1) two of the cases that refer to the non-resident shareholders of Dorna and (2) the issues that directly affect the application of tax treaties and EU tax law (also in connection with tax treaties). As will be shown, however, the treatment of the transactions for domestic purposes very much affected the application of tax treaties and EU law.

2. Facts of the Cases

All the cases refer to assessments by the tax administration connected with several step transactions of a well-known Spanish company (Dorna Sports SL), with Spanish and non-resident shareholders. Dorna Sports SL was the exclusive commercial and TV rights holder for the FIM Road Racing World Championship Grand Prix (Moto GP TM) since 1992 and has a presence in several countries. The assessments refer to the company and the shareholders since ...