Álvaro de la Cueva Under the EU parent-subsidiary directive, the distribution of dividends by Spanish resident companies to parents located in the EU must be tax exempt if certain requirements are met. However, the directive expressly allows member states to deny the benefits of the directive in order to counter fraud or abuse. Spain made use of this possibility by refusing to allow the exemption where the EU parent is, directly or indirectly, wholly owned by nonresidents of the EU, unless (i) the parent actually pursues a business activity, (ii) such activity is directly related to the activity of the subsidiary or its purpose is the subsidiary's direction and management and (iii) it was incorporated for valid economic reasons.
August 31 2009