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ARTICLE · 09 JANUARY 2026

EU Tax Alert 213

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Loyens & Loeff

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The new edition of the EU Tax Alert is available. With this publication we would like to keep you informed about the latest developments on EU tax law. We have summarized the highlights of this edition below.

European UnionTax

The new edition of the EU Tax Alert is available. With this publication we would like to keep you informed about the latest developments on EU tax law. We have summarized the highlights of this edition below.

European Commission opens public consultation on possible recast of the DAC

On 16 December 2025, the European Commission opened a public consultation on a possible legislative proposal to recast the Directive on Administrative Cooperation (2011/16) (DAC). The consultation targets a broad range of stakeholders and is open until 10 February 2026.

European Commission unveils its 2026 Work Programme

On 23 October 2025, the European Commission published its 2026 Work Programme outlining its legislative priorities for the coming year including plans to launch new legislative initiatives, withdraw pending proposals, and review existing EU legislation.

CJ judgment on the whether certain proof requirements for the exemption and refund of withholding taxes on dividends received by non-resident pension funds is compatible with EU law (Santander Renta Variable España Pensiones, C 525/24)

On 27 November 2025, the CJ delivered its judgment in the case Santander Renta Variable España Pensiones, Fondo de Pensiones (C‑525/24). The case concerned the question of whether Portuguese legislation requiring non-resident pension funds to provide a declaration certified by their home State's supervisory authority as a condition for obtaining an exemption or refund of withholding tax on dividends received from Portuguese companies is compatible with the free movement of capital under Article 63 TFEU.

CJ judgment on the VAT treatment of factoring fees (Kosmiro, C-232/24)

On 23 October 2025, the CJ delivered its judgment in the case Kosmiro (C-232/24), which deals with the VAT treatment of commission and fees arising from factoring services.

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EU Tax Alert 213

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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