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Tax Issues Faced by Foreign Persons Investing in Greek Commercial Real Estate

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Tax Issues Faced by Foreign Persons Investing in Greek Commercial Real Estate

Greece’s diverse real estate market has become an increasingly attractive destination for foreign investment. The Mediterranean climate, rich cultural history, and growing economy make the country particularly appealing to investors looking for residential and commercial properties. Greece’s investment landscape is further enhanced by favorable tax incentives, such as the Non-Dom tax regime, the tax regime for pensioners, the tax regime for employees and freelancers, the family office regime, and the Golden Visa program. In their article, Natalia Skoulidou, a Partner of Iason Skouzos Tax Law, Athens, and Aikaterini D. Besini, a Senior Associate at Iason Skouzos Tax Law, Athens, provide a comprehensive overview of the tax landscape for foreign investors investing in Greek commercial real estate. Their article outlines the key tax considerations at each stage of the investment process to help investors navigate the complexities of Greece’s tax system in order to make well-informed strategic decisions. The outcome can be quite favorable to investors from abroad.

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G.A.A.R. or S.A.A.R.? Effect of the Nordcurrent Decision in Belgium, the Netherlands, and Luxembourg

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G.A.A.R. or S.A.A.R.? Effect of the Nordcurrent Decision in Belgium, the Netherlands, and Luxembourg

Earlier this year, the C.J.E.U. issued its anticipated judgment in the Nordcurrent case (C-228/24). The judgment concerns the extension of the anti-abuse rule in the E.U. Parent-Subsidiary Directive (“‘P.S.D.”) to national participation exemption mechanisms. The ruling has significant implications and resonance in Belgium and the Netherlands, less so in Luxembourg, In their article (1) Werner Heyvaert, a Partner, and Yannick Vandenplas, an Associate, in the Brussels office of AKD Benelux Lawyers, (2), Jan-Willem Beijk and Anton Akimov, Partners in the Netherlands practice of AKD Benelux Lawyers, and (3) Maria-Clara Vassil, a Senior Associate, and Sanja Vasic, an Associate in the Luxembourg office of AKD Benelux Lawyers provide a clear summary and analysis of the case, explore its practical implications in their respective countries, and offer a perspective on its broader impact.

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Can the Shares of Companies Owning French Real Estate be Categorized as Real Estate? Some Keys to Solve the Riddle

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Can the Shares of Companies Owning French Real Estate be Categorized as Real Estate? Some Keys to Solve the Riddle

An immovable asset is a plot of land or a structure built on the land. Neither can be moved without being damaged or without damaging the land to which it is attached. Certain rights are also immovable due to their intrinsic link to immovable assets. An example would be real estate property rights, such as those embedded in a usufruct arrangement. In comparison, a movable asset can be transported from one place to another or is intangible by its nature. The French Civil Code expressly includes shares of companies in the concept of movable assets, even where such companies own real estate. The historical distinction between immovable and movable property is why French tax law created an autonomous concept of a “predominantly real estate company.” The definition of a predominantly real estate company varies depending on the tax being imposed. In their article, Xenia Lordkipanidze, a Partner in Overshield Avocats, Paris, and Clement Pere, an Associate in the Tax Department of Overshield Avocats, Paris, explain the inconsistency of French law and cases. The Cour de Cassation, the French Supreme Court for non-administrative matters, has jurisdiction over disputes relating to gift and inheritance duties and wealth tax has reached one conclusion – shares comprise movable property. The Conseil d’Etat, the French Supreme Court for administrative matters has jurisdiction over disputes relating to personal and corporate income tax, including capital gains tax, has reached a contradictory conclusion – shares of a predominantly real estate company comprise immovable property. The question posed by the authors is which Supreme Court reached the correct answer. Not surprisingly, the answer given is that it depends on relevant factors. 

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U.S. Investment in U.K. Real Estate Investment – Separated by a Common Language

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U.S. Investment in U.K. Real Estate Investment – Separated by a Common Language

It is common for U.S. individuals investing in commercial real estate in the U.K. to adopt a two-tier structure through which U.K. real estate is owned. It is also common to hold each property through a separate special purpose vehicle (“S.P.V.”) formed in the U.K. In their article, George Mitchel, a Partner in Forsters L.L.P, London, Heather Corben, a Partner in Forsters L.L.P, London, and Amy Barton, a Senior Associate in Forsters L.L.P, London, explain how this relatively simple structure (i) enables a U.S. resident investor to eliminate two levels of tax on distributed profits, (ii) creates foreign tax credit limitation in the U.S. allowing a U.S. resident investor to obtain an immediate foreign tax credit for U.K. taxes as gains are harvested at the time shares of a U.K. limited company are sold, and (iii) allows the estate of a U.S.-resident investor to obtain benefits under the U.K.-U.S. Estate Tax Treaty limiting death duties to taxes imposed in the U.S. They also caution about a particular risk if a structure is headed by a U.S. grantor trust having one or more U.K. residents as beneficiaries.

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Tax Issues Faced by Foreign Persons Investing in Italian Commercial Real Property

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Tax Issues Faced by Foreign Persons Investing in Italian Commercial Real Property

For nonresident investors, Italy contains many little known provisions to reduce or eliminate tax on income and gains arising from real property. A careful reading of domestic tax law, combined with the proper application of bilateral income tax treaties, reveals several planning opportunities that can significantly enhance the efficiency of cross-border real estate investment. In their article, Federico Di Cesare, a Partner of Lipani Legal & Tax (formerly Macchi di Cellere Gangemi), Rome, and Dimitra Michalopoulos, an Associate in the tax practice of Lipani Legal & Tax (formerly Macchi di Cellere Gangemi), Rome, explain that, inter alia, capital gains arising from the sale of the Italian real property are not subject to Italian income tax if the real property is held for more than five years. Similarly, capital gains arising from the sale of shares in an Italian corporation or its liquidation are not subject to tax for a nonresident investor even when the assets of the corporation consist mostly of real property. Other opportunities are available to reduce or eliminate capital gains taxation for a nonresident who qualifies as a minority shareholder or benefits from an income tax treaty. Nonetheless, it is Italy, and numerous regulatory pitfalls must be managed, including legal requirements, factual conditions, and holding period.

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Strategic Considerations for International Investors in Dutch Real Estate

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Strategic Considerations for International Investors in Dutch Real Estate

From an economic viewpoint, the Netherlands is a highly attractive destination for international real estate investors, thanks to its robust legal framework, transparent property market, and strategic location within Europe. From a tax policy viewpoint, however, the Dutch tax environment can be challenging, as it is subject to frequent legislative changes. Recent updates – including the partial discontinuation of the Dutch equivalent of a R.E.I.T., known as the F.B.I. regime, revised entity classification standards, and stricter interest deduction rules – have significantly impacted the landscape for cross-border investors. In his article, Anton Louwinger, a partner in CMS Netherlands, Amsterdam, explains the important issues at various points in the ownership period, including (1) R.E.T.T. or V.A.T. on purchases, (2) C.I.T. during ownership, (3) caps on deductions for interest expense and application of anti-abuse rules for payments to a foreign related party, (4) withholding tax on interest and dividend payments, (5) caps on the use of N.O.L.’s, and (6) taxation of capital gains upon sales.

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Dramatic Changes Proposed in the Definition of the Tax Term "Israeli Resident"

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Dramatic Changes Proposed in the Definition of the Tax Term "Israeli Resident"

Under current Israeli tax law, an individual’s tax residency status is determined primarily by the “Center of Life” test, which examines personal, economic, and social ties to Israel and another country. The test is supplemented by numerical presumptions that look to the number of days an individual is present in Israel over a period of time looking to one year or three years. A determination based on day count can be challenged by either the taxpayer or the Tax Authority. In 2023, a draft bill was published that provided an irrebuttable determination of tax residence or nonresidence in certain fact patterns. The draft bill was never enacted. In July, the Israeli Ministry of Finance announced draft legislation designed to modify existing rules. In his article, Boaz Feinberg, a Tax Partner of Arnon, Tadmor-Levy, Tel Aviv, explains the proposal in detail, including the new five-year rolling testing period and the weight given to days in each year of the testing period. He points out that days of presence in later years can affect the residence status in earlier years.

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Still Fourth Down and Goal for Medtronic Transfer Pricing Case

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Still Fourth Down and Goal for Medtronic Transfer Pricing Case

In an article published in Insights in 2022, Michael Peggs commented that the Tax Court knew where it wanted to end up and simply looked for a method that was consistent with its destination. He predicted that the approach of the Tax Court was not likely to be upheld on appeal. In early September, the Tax Court’s decision was vacated and remanded for further proceedings. In the “boxing matches” taking place between (1) Medtronic and the I.R.S. and (2) the Tax Court and the Court of Appeals, it seems the boxers are in the fourth round of a ten-round bout. Stay tuned.

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Bigger Benefits for (Bigger) Small Businesses: Q.S.B.S. Changes in O.B.B.B.

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Bigger Benefits for (Bigger) Small Businesses: Q.S.B.S. Changes in O.B.B.B.

The Qualified Small Business Stock” (“Q.S.B.S.”) rules broadly allow for tax-free sales of Q.S.B.S., up to a certain limit. The benefit is subject to meeting several requirements, among which is a requirement for a five-year holding period by the seller. In their article, Galia Antebi, Nina Krauthamer and Wooyoung Lee explain that the One Big Beautiful Bill (“O.B.B.B.”) causes the Q.S.B.S. benefit to be significantly more investor friendly. It allows for more gain exclusion, bigger businesses to qualify, and partial exclusions for holding periods shorter than five years.

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F.I.R.P.T.A. Revisited -- Things To Remember When Nonresidents Invest in U.S. Real Property

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F.I.R.P.T.A. Revisited -- Things To Remember When Nonresidents Invest in U.S. Real Property

The year 2025 marks the 45th anniversary of the enactment of the Foreign Investors Real Property Tax Act. It is a good time to revisit issues that are faced by nonresident investors considering an acquisition of real property in the U.S. For the private investor, many decision points must be addressed. Here are a few that come readily to mind: (1) Will the investment generate passive or active income? (2) Now and possibly in the future, will the investment be limited to one property or will there be multiple properties? (3) Is it better to own the property directly or through a holding company? (4) Should the holding company be formed in the U.S. or abroad there, or should there be holding companies in both places? (5) Should the holding company be tax-transparent or tax-opaque? (6) Will the structure prevent death duties from being imposed in the U.S.? (7) If the initial holding structure produces suboptimal results, can the structure be revised, and if so, at what cost? (8) Is it better to hold all U.S. properties through one U.S. holding company or is it better to hold each U.S. property through its own separate U.S. holding company? Stanley C. Ruchelman and Wooyoung Lee provide guidance to foreign investors and their home country advisers so that well-reasoned investment structures can be formulated at the front end that take into account U.S. tax rules, foreign tax rules, and preferences of the particular client.

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Budget Resolution Tax Provisions Contain Reprisal Tax Aimed at O.E.C.D. Proposals

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Budget Resolution Tax Provisions Contain Reprisal Tax Aimed at O.E.C.D. Proposals

On Friday, May 22, 2025, the U.S. House of Representatives adopted a budget resolution containing provisions that would impose increased taxes for persons based in countries that impose taxes found to discriminate against U.S. companies or their subsidiaries. If a country is determined to have “crossed the line,” residents of that country and their subsidiaries would face up to a 20% increase in withholding taxes on U.S. source investment income, income taxes on income that is effectively connected to the conduct of a U.S. trade or business, and certain other taxes. In his article, Stanley C. Ruchelman lists the foreign persons that will be subject to the reprisal tax, the tax regimes that are expressly targeted, the implementation schedule, and the taxes that will be increased.

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The §245A D.R.D. Meets the I.R.S.: Only Loper Bright Might Provide Relief

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The §245A D.R.D. Meets the I.R.S.: Only Loper Bright Might Provide Relief

Alan Greenspan is an American economist who served as the 13th chairman of the U.S. Federal Reserve from 1987 to 2006. He is known to have authored the following quote: “I know you think you understand what you thought I said but I’m not sure you realize that what you heard is not what I meant.” This statement epitomizes the conflict between the I.R.S. and various taxpayers regarding the application of Code §245A to the computation of C.F.C. income for purposes of Subpart F. Code §245A allows a domestic corporation to reduce taxable income by means of a dividends received deduction (“D.R.D.”) for the foreign-source portion of a dividend received by a U.S. corporation from a ≥10%-owned foreign corporation. Treas. Reg. §1.952-2 requires that a C.F.C. must calculate its income for U.S. income tax purposes by using U.S. rules as though it were a domestic corporation. Finally, Code §245A(e)(2) expressly provides a rule for C.F.C.’s receiving hybrid dividends from a lower-tier subsidiary. The D.R.D. is expressly disallowed at the level of a C.F.C. receiving the hybrid dividend. Nonetheless, in C.C.A. 202436010, the I.R.S. enunciated its view that a C.F.C. could not claim a benefit from the D.R.D. Rather, the benefit is first claimed by a domestic corporation when it recognizes income. So, which position is correct? In his article, Wooyoung Lee discusses the law, the regulations, the C.C.A., and cases addressing the deference that should be given by courts to the views of an administrative agency when evaluating the interpretation of a statute.

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Double Dutch: A Unique Approach in the Netherlands to U.S. L.L.C.’s Owned by U.S. Trusts

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Double Dutch: A Unique Approach in the Netherlands to U.S. L.L.C.’s Owned by U.S. Trusts

Trusts play a crucial role in U.S. estate planning. However, the use of a U.S. trust in an international context can create a multitude of challenges. The Dutch tax system’s approach to the taxation of trusts poses a number of concerns for U.S. trust fund beneficiaries living in the Netherlands benefitting from a testamentary trust. In the not unusual set of circumstance where an L.L.C. is established to hold investments of the trust, double taxation without the benefit of foreign tax credits is more than a theoretical problem. In her article, Mignon de Wilde, a partner and tax adviser in the Amsterdam office of Arcagna Tax Consultants and Notaries, cautions that only two solutions seem to be available. Advance tax planning during the lifetime of the settlor is the preferred alternative. Seeking Competent Authority relief under the Netherlands-U.S. Income Tax Treaty is available in principle. Favorable authority exists in the Netherlands, less so in the U.S.

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Are Holding Companies so 20th Century? A Look at Recent Developments in France

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Are Holding Companies so 20th Century? A Look at Recent Developments in France

Historically, holding companies have been used by corporate groups to place certain assets in certain locations to serve certain markets. They have also been used by individuals for wealth management and estate planning purposes. Today, holding companies located in an E.U. Member State or elsewhere are likely to face challenges when interacting with group members in France. Claims of treaty benefits are regularly challenged by French tax authorities. Whether the benefit is a tax treaty related withholding tax exemption on dividends or royalties or access to E.U. Directives such as the Parent-Subsidiary Directive, French tax authorities regularly challenge claims of an entitlement to the anticipated tax benefit. In her article, Emilie Lecomte, a Partner in the Tax Department of SQUAIR Law Firm, Paris, explains the risks faced by a foreign holding company that expects to benefit from favorable tax regimes for French-source income. Recent cases are discussed

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Tax Neutral or Caught in the Net? The World of Luxembourg Securitization Vehicles

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Tax Neutral or Caught in the Net? The World of Luxembourg Securitization Vehicles

The Luxembourg securitization vehicle (“Lux S.V.”), governed by the Securitization Law of 22 March 2004 remains a core pillar in structured finance and asset repackaging across Europe. As Luxembourg continues to implement E.U. directives such as A.T.A.D. I & II, D.A.C.6., and the O.E.C.D.’s B.E.P.S. action plan – Including Pillar Two and substance-driven anti-abuse frameworks – Lux S.V.’s face growing scrutiny. In their article, James T. O’Neal, Co-head of Maples and Calder (Luxembourg)‘s Tax Team, and Naima Bouzago Ouali, an Associate in Maples and Calder (Luxembourg)’s Tax Team, analyze how A.T.A.D. I & II’s Hybrid Mismatch Rules and A.T.A.D. I’s Interest Limitation Rules can be successfully navigated in the appropriate set of facts, thereby preserving their tax neutrality. Hybrid mismatch rules, investor payment tax treatment, and interest limitation rules that include the single company worldwide group exception are addressed.

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Prenuptial Agreements in the Context of an International Couple – Views from France and Spain

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Prenuptial Agreements in the Context of an International Couple – Views from France and Spain

Choosing a life partner is a complex decision. It becomes even more complex if the parties are not of the same nationality or if one of the parties moves to another country in order to avoid a two-city lifestyle. Many couples in France and Spain are unaware that, in the absence of a duly executed prenuptial agreement, the rules that determine how property will be distributed if the marriage is dissolved due to divorce or death will be the rules of the first country of residence after their marriage becomes official. Conversely, other couples believe that they are protected by the provisions of a prenuptial agreement signed in France or in Spain that generally provides for separation of property. However, the contract may not be followed in common law countries such as England and United States, meaning that each spouse is entitled to one-half of the marital assets. All this and more are explained in the article authored by Delphine Eskenazi, a Partner of Libra Avocats, Paris, and Maria Valentin, of Counsel to Libra Avocats, Paris. The takeaway is that life can be about more than tax planning.

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New Belgian Federal Government Announces Significant New Tax Measures

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New Belgian Federal Government Announces Significant New Tax Measures

The most recent general election in Belgium took place in June, but a new government was not sworn in until February, when the five-member coalition government agreed to a federal government agreement, a document of 200 pages in a single language containing many significant tax measures. Tax items addressed include, inter alia, (i) the replacement of a dividends received deduction by a simple exclusion, (ii) the modernization of the group contribution regime, the Belgian equivalent of group relief, making it more flexible and simpler to coordinate, (iii) the simplification of the investment deduction rules, the Belgian equivalent of investment credits in the U.S., (iv) the adoption of accelerated depreciation rules for CAPEX investments, (v) the adoption of a “solidarity contribution,” a 10% capital gains tax on financial assets held by individuals, allowing a basis step-up to current value as of the effective date of the tax, (vi) simplification of disallowed expense rules, and (vii) the adoption of carried interest rules for managers of investment funds. Werner Heyvaert, a senior international tax lawyer based in Brussels and a partner at AKD Benelux Law Firm explains these and other tax provisions. The takeaway is that Belgium is modernizing its tax rules.

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French Budget 2025 – Significant Provisions Affecting Individuals

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French Budget 2025 – Significant Provisions Affecting Individuals

The French Budget for 2025 reflects significant political instability reflecting two factors. The first is the fragmentation of the French Parliament after elections last summer. The second is a significant budgetary deficit. It was adopted with limited debate on February 14, 2025, after an earlier Finance Bill was rejected in December 2024, resulting in a change of government. Key measures to note include, inter alia, (i) Introduction of enhanced social contribution on high incomes, with an instalment that was due in December 2025, (ii) reform of the tax and social security treatment of management packages, including those already in existence, (iii) an overhaul of the tax framework for the B.S.P.C.E., one of the main employee shareholding tools, (iv) tax incentives for gifts received to acquire a new primary residence or to finance energy-efficient renovations, (v) Introduction of a special reassessment period in cases of misreported tax residence, (vi) clarification on the supremacy of treaty law in determining tax residency, (vii) additional social contributions for companies with revenues over a €1 billion, and (vii) a tax on capital reductions linked to share buybacks by companies with revenues exceeding a €1 billion. Philippe Stebler, the founder of Stebler Avocats, Paris, explains these and other provisions. The takeaway is that, if you thought French taxes in 2024 could not get any higher, you were mistaken.

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N.H.R. 2.0 in Portugal – a Better Regime for Skilled Workers and Their Employers

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N.H.R. 2.0 in Portugal – a Better Regime for Skilled Workers and Their Employers

Following the unexpected termination of the N.H.R. regime to newly arrived residents as of December 31, 2023, a new regime was offered, known as N.H.R. 2.0. The new regime attracts working individuals, investors and international groups planning on setting up Portuguese subsidiaries. N.H.R. 2.0 is now fully operational for those within scope of eligible activities, which is very wide. João Luís Araújo, a Partner in the Porto Office of Telles, and Sara Brito Cardoso, an Associate in the Porto Office of Telles, explain why N.H.R. 2.0 provides a better result for newly arrived skilled personnel and their employers. The takeaway is that Portugal is very much open for business and keen to attract talent, companies, and investment.

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French Tax Investigations Target H.N.W. Individuals

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French Tax Investigations Target H.N.W. Individuals

Tax evasion and avoidance have been significant concerns for governments worldwide, and France is no exception. In recent years, the French government has ramped up efforts to investigate high net worth individuals (“H.N.W.I.’s”) suspected of tax evasion, particularly as global scrutiny increases over the wealthy’s financial practices. France, with its robust tax system and a tradition of enforcing tax compliance, utilizes a range of investigative techniques to target H.N.W.I.’s. The article delves into how French tax investigations are carried out, focusing on methods, legal framework, and high-profile cases involving the wealthy. Sophie Borenstein, a partner of attorneys Klein Wenner, Paris, explains all. The takeaway is that the footprint of an H.N.W.I. is large and is being looked at in detail by the tax authorities.

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