{
  "url": "https://openlegislation.uk/eu-directive-2011-96/article-3",
  "json_url": "https://openlegislation.uk/eu-directive-2011-96/article-3.json",
  "legislation": "eudr/2011/96",
  "legislation_title": "Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (recast)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2011-96",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": null,
  "text": "1. For the purposes of applying this Directive:\n(a) the status of parent company shall be attributed:\n(i) at least to a company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of 10 % in the capital of a company of another Member State fulfilling the same conditions;\n(ii) under the same conditions, to a company of a Member State which has a minimum holding of 10 % in the capital of a company of the same Member State, held in whole or in part by a permanent establishment of the former company situated in another Member State;\n(b) ‘subsidiary’ means that company the capital of which includes the holding referred to in point (a).\n2. By way of derogation from paragraph 1, Member States shall have the option of:\n(a) replacing, by means of bilateral agreement, the criterion of a holding in the capital by that of a holding of voting rights;\n(b) not applying this Directive to companies of that Member State, which do not maintain for an uninterrupted period of at least 2 years holdings qualifying them as parent companies, or to those of their companies in which a company of another Member State does not maintain such a holding for an uninterrupted period of at least 2 years.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2011/96/article/3",
    "retrieved_at": "2026-11-01T15:21:58.308530+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}