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 finance - Photo by Towfiqu barbhuiya on Unsplash

    Why Access to Top CFO Talent Is Critical for European Business Success

    Woman with phone - Image by Edwin Vega from Pixabay

    Language Skills and Europe’s Competitiveness: A Strategic Policy Perspective

    Pages vues - Photo by Agence Olloweb on Unsplash

    5 e-Commerce Tips to Grow Your Business Long-Term

    Web security - Image by Roman from Pixabay

    Why Attackers Target End Users First

    Crazy man - Photo Designed by Freepik

    The SME Cash Flow Problems Facing European Companies Today

    GameZone casino

    The Future of Digital Interactive Play Explored Through GameZone Casino

    LATEST EU NEWS
    Firearms - Photo by Bro Takes Photos on Unsplash

    EU takes aim at trafficking of illicit firearms

    27 February 2026
    Company board meeting - Image by Tung Lam from Pixabay

    EU Parliament backs simplified rules for new mid-cap category companies

    26 February 2026
    Electric car charging - Photo by CHUTTERSNAP on Unsplash

    EU Council approves new requirements for car chargers

    26 February 2026
    Worker - Photo by Kateryna Babaieva on Pexels

    Provisional agreement to support EU workers at risk of losing their jobs

    26 February 2026
    Kyle - Ribera - Photo © European Union 2026

    EU and UK agree to cooperate closely on competition matters

    25 February 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?