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

    Business conference - Image by SNCR GROUP from Pixabay

    The Hidden Workforce Behind Successful Business Events: Event Staffing Explained

    Psychiatrist - Photo by SHVETS production on Pexels

    Professional licensing evaluations: when careers depend on psychiatric opinions?

    Culture of fermentation and maturation

    The Value of Time – an analysis of maturation in products

    Business law - Photo by Pavel Danilyuk on Pexels

    How to Find the Right Litigation Solicitor for Your Legal Dispute

    Workplace safety - Photo by Ahmed akach on Pexels

    Can You Make a Claim for an Accident During a Work Break? Know Your Legal Rights

    Digital marketing - Image by AS Photography from Pixabay

    Legal Marketing in 2026: The Changes Reshaping Law Firm Growth

    LATEST EU NEWS
    Fit pensioner - Photo by Centre for Ageing Better on Pexels

    EU life expectancy increases again to 81.5 years

    13 March 2026
    Airport terminal - Photo by Pim de Boer on Unsplash

    Euro-Parliament greenlights new EU rules on package travel

    12 March 2026
    E-commerce - Photo by Antoni Shkraba Studio on Pexels

    A third of online shoppers in the EU experience issues

    12 March 2026
    Farming women - Photo by Anna Shvets on Pexels

    EU launches platform to promote women in agriculture

    11 March 2026
    Euro - ECB-Photo by Mika Baumeister on Unsplash

    March currency outlook – Euro currency news daily

    11 March 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

    • Privacy Policy
    • Terms
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

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

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?