Abuse of Rights and the Parent-Subsidiary Regime - the case where the tax exemption for dividends received by a parent company is not considered to serve an exclusively tax-related purpose
In the Aubépar Industries decision, the Council of State held that, even in the case of a tax arrangement combining an exemption for dividends received from a subsidiary and a deduction for provisions for the impairment of securities issued by that same subsidiary, penalties for abuse of rights do not apply if the parent company can prove that there was a valid reason for restructuring the group’s companies.
30/09/2026













