Dieter Endres The 2008 interest limitation replaced a thin capital rule disallowing interest on shareholder finance in excess of 1.5 times the shareholders' equity brought forward. The thin capital rule was based on the previous imputation system of corporation tax and consequently only applied to significant shareholders without their own general income or corporation tax liability. Thus, only tax exempt persons or foreigners were caught. Naturally, there are far fewer tax exempt (charities, trade unions, political parties, basketball clubs and the like) than foreign shareholders, which led the ECJ to see the rule as mainly aimed at foreign interests, vehement government protests notwithstanding. Accordingly, it was an unacceptable hindrance on an EU citizen's freedom of establishment (case C-324/00 Lankhorst-Hohorst judgment of December 12 2002).
February 01 2011