Local EU tax refunds will be FASTER

A modernisation of withholding tax relief

The EU Directive on Faster and Safer Relief of Excess Withholding Taxes (FASTER) introduces a framework for facilitating relief from excess withholding tax on cross-border portfolio income. Its purpose is to streamline how tax rights are exercised. This means replacing manual and inconsistent processes with a more standardised digital system. Investors currently face delays and uncertainty in reclaiming tax, while tax authorities lack visibility in complex payment chains that have enabled abuse. FASTER addresses both issues simultaneously.

Relevance for listed real estate

The directive is narrow in scope. It focuses on dividends from publicly traded shares, with an optional extension to interest on publicly traded bonds. As a result, traditional private real estate structures, such as single-asset entities, remain largely outside its immediate reach. That said, the relevance for real estate investors is clear. European property investment is increasingly accessed through listed vehicles, real estate investment trusts (REITs) and capital markets instruments. 

Even where direct ownership structures remain private, listed exposure often forms part of a wider portfolio. In those situations, withholding tax becomes a recurring element of the investment return.

Three practical changes

The directive introduces three key improvements:

1. A common digital tax residence certificate replaces fragmented proof-of-residence processes. This certificate is issued through automated processes and is recognised across Member States, reducing administrative friction, although EU members states can still investigate details if they expect abuse.
2. Faster routes to relief will be introduced. Member states can grant relief at the source, or through a “quick refund” mechanism. The aim is to reduce the period during which excess tax is effectively locked in the system.
3. Finally, the directive enhances transparency through reporting by certified financial intermediaries. These intermediaries are required to provide standardised information, allowing tax authorities to trace the payment chain. This increased visibility is intended to prevent abuse while supporting faster processing of legitimate claims.

What this means in practice

The directive, expected to apply from 2030, reflects a shift towards more standardised and data-driven processes. FASTER affects how efficiently treaty benefits are realised in practice. For listed real estate, this directly impacts cashflow timing and reporting, and it changes how smoothly returns reach investors.

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Toon Hasselman is an experienced (30 years) high level VAT and customs specialist to both national and international companies. He provides simple and practical solutions, quick “outside the box” alternatives if necessary, and promotes a no-nonsense approach with conclusive solutions at a fair cost. Toon is also the Global Vice Chair of the GGI Indirect Taxes Practice Group.