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

    Legal stamp - Image by Markus Spiske on Pexels

    UK Business Selling to The EU? When and Why Would You Have To Use An Apostille

    Spices - Image by Joel Camelot on Pexels

    A Journey into the World of Arabian Perfumes

    Coachella Music Festival - Image by Benjamin Farren on Pexels

    Coachella 2026: The Festival That Turned a Tote Bag Into a Business Decision

    Ikarus Industrial Park - Image by gregimages.com

    Ikarus Industrial Park Székesfehérvár: A strategic hub for industrial investment in Hungary

    Trader

    Is the Euro Entering a Sustainable Recovery or Still Trapped Between Inflation and Growth Risk?

    Personal training

    The UK’s Musculoskeletal Crisis Is Costing the NHS Billions: Why Specialists Say Prevention Through Exercise Is the Answer

    LATEST EU NEWS
    Mercosur signing - Maros Sefcovic - Photo © European Union 2026

    EU-Mercosur interim trade deal to enter into provisional application

    30 April 2026
    Pet dog at vet - Image by Tima Miroshnichenko on Pexels

    Green light for first EU rules to protect cats and dogs

    28 April 2026
    Rice sacks trade - Image by Thilina Alagiyawanna on Pexels

    Renewed EU trade instrument for development set for 2027

    28 April 2026
    Artificial intelligence - Image by Kohji Asakawa from Pixabay

    Brussels consults on Google measures to give Android users choice on AI services

    28 April 2026
    Car crash - Image by Rico Lob from Pixabay

    Road fatalities in the EU down 2.2 pct in 2024

    27 April 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?