Question juridique clé
Whether withholding-tax set-off/refund depends on entitlement to the dividend itself or on the right to use the underlying asset at maturity.
Solution extraite
Under Arts. 7(1) and 8(1) VStB, the decisive factor is the right to use the asset generating the taxable yield at the time the yield becomes due, not merely entitlement to the individual dividend claim.
Motifs extraits
The court held that the statute targets the use-right to the underlying capital asset because the withholding tax is meant to secure taxation of domestic securities and their returns and to prevent abuse. A detached claim to a single yield can be separated from the underlying right, but it does not suffice for set-off or refund.