Dismissal of the appeal against the refusal to refund withholding tax on income from Swiss shares

Facts

The appellant, a company based in Luxembourg, applied for a refund of withholding tax on income from Swiss shares. The Federal Tax Administration (FTA) and the Federal Administrative Court rejected the applications. The appellant claimed that it was entitled to relief from withholding tax under Art. 10 para. 2 lit. a of the Agreement between Switzerland and Luxembourg for the avoidance of double taxation.

The appellant had submitted various applications for a refund of withholding tax to the FTA, including an application for a refund of CHF 24,511,197.60 and an application for a refund of CHF 30,084,500.--. The FTA and the Federal Administrative Court denied the appellant's claims.

Considerations

1. Admissibility of the appeal

The appeal in public law matters is admissible because it concerns a final decision of the Federal Administrative Court in a matter of public law.

2. Interpretation of Art. 10 para. 2 lit. a of the CH-LU DTA

The Federal Court has interpreted Art. 10 para. 2 lit. a of the CH-LU DTA and found that the appellant is not to be considered as a beneficial owner within the meaning of this provision.

3. Change of practice and protection of legitimate expectations

The appellant complained of a violation of the principle of equal treatment…