Key legal question
Whether the withholding tax refund claim for the 2002 dividend was timely and validly filed
Extracted holding
The claim was time-barred because the first valid written refund request was made only on 20 April 2007, after the statutory deadline.
Extracted reasoning
Art. 29(1) VStG requires a written request. An e-mail does not satisfy the written form. Under Art. 32(1) VStG, the right lapses if not claimed within three years after the end of the calendar year in which the taxable performance became due; here the deadline was 31 December 2005.