Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » Italian dividend tax incompatible with EU rules: Court

    Italian dividend tax incompatible with EU rules: Court

    npsnps17 December 2009Updated:9 July 2024 focus
    — Filed under: EU Law Italy Taxation
    Share
    Facebook Twitter LinkedIn Pinterest Email

    A new reformed tax regime for Italian-sourced dividends is incompatible with EC legislation on free movement of capital and freedom of establishment, according to a ruling by the European Court of Justice on 1 December 2009.

    The Italian legislation in question refers to the reform on corporation tax, pursuant to the 2003 legislative Decree, which imposed a tax of 27%  on the profits that were distributed to tax payers who were not residing in Italy. 

     Following a letter of formal notice on 18 October 2005, the Commission brought an action against the Italian Republic before the European court of Justice, in hopes of obtaining an official declaration. 

    The Commission maintained that because dividends distributed to companies established in other Member States are subject to a less favourable tax regime, Italy had failed to fulfil its obligations under Community and EEA law. 

    The fight against tax evasion was used as a pretext for reform on corporation tax in the Italian Republic’s defence. The legislative reform was deemed incompatible because it could not guarantee compensation for the difference in treatment in all cases.  

    In addition the difference in treatment could not be justified by reference to the fight against tax evasion because Italian legislation applied generally, and not purely to artificial attempts to circumvent tax law.  

    The European Court of Justice declared that Italy had failed to fulfil its obligations under Article 56 EC and Article 40 of the EEA Agreement as regards the free movement of capital between Member States and the States party to that Agreement. However, it dismissed the Commission’s action in respect of Articles 31 and 40 of the EEA Agreement.

     

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Trading

    CFDSensei Reviews: Does the Broker Actually Pay?

    Casino - Image by Mariakray from Pixabay

    The Business Strategy Behind Free Spins and No Deposit Casino Promotions

    Justice

    Solinex Helped Recover Millions of Dollars to Victims – Reviews

    Protective clothing - Image by JamesRein from Pixabay

    Why protective clothing is essential for workplace safety

    PHBingo

    The Exciting Evolution of Online Bingo Through PHBingo on GameZone

    Gaming online casino - Photo by Aidan Howe on Pexels

    The Emergence Of Digital Entertainment Within The European Markets

    LATEST EU NEWS
    Temu - Photo by V H on Pexels

    EU fines Temu EUR 200m for allowing the sale of illegal products

    28 May 2026
    Office work - Photo by Arlington Research on Unsplash

    Average working week nearly 36 hours in the EU

    27 May 2026
    Henna Virkkunen - Photo © European Union 2026

    Brussels puts forward new authorisation for mobile satellite services

    27 May 2026
    Costa - Sheinbaum - von-der-Leyen - Photo © European Union 2026

    EU and Mexico sign updated trade agreement

    24 May 2026
    Drug trafficking - Photo by MART PRODUCTION on Pexels

    Brussels launches EUR 16.5m call to dismantle criminal networks

    22 May 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?