On 3 March 2017, the Dutch Supreme Court referred questions for a preliminary ruling to the Court of Justice of the European Union (CJEU) relating to the alleged discriminatory withholding tax levied on foreign investment funds. A positive outcome for the applicants, meaning the levied withholding tax on foreign investment funds is indeed discriminatory, would mean that the Netherlands would have to allow for refunds of dividend withholding tax for distributions by Dutch companies to non-resident funds that are sufficiently comparable to Dutch funds qualifying for the FBI-regime.
