CJEU – Recent Developments in Direct Taxation 2023

1. Introduction

The purpose of this article is the presentation of case C-18/23 (F S.A. vs Dyrektor Krajowej Informacji Skarbowej) under consideration by the Court of Justice of the European Union as a result of a request for a preliminary ruling submitted by the Regional Administrative Court in Gliwice. The case considered by the WSA was connected with the exemption from corporate income tax under Art. 17 (1) (58) of the Polish Corporate Income Tax Act relating to foreign undertakings for collective investment. The request for a preliminary ruling raises the issue whether Directive 2009/65/EC precludes national legislation that makes the S. 200income tax exemption of undertakings for collective investment subject to the requirement that they be managed by external entities that operate under the authorisation of the competent financial market supervisory authorities of the State in which the registered office of those undertakings is situated.

This chapter first outlines the legal basis (covering both EU and national regulations) of the case at hand. Next, the course of the case is presented, including the stage involving the tax authorities and the administrative court. Then, the article...