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CJEU Rules French Group Dividend Tax Rule for Integrated Groups Violates Freedom of Establishment for Non-Integrated Parent

|Approved Changes|France-European Union
France-European Union

On 11 May 2023, the Court of Justice of The European Union (CJEU) issued its judgment in joined cases C-407/22 and C-408/22 on whether a French parent company should be entitled to deduct (neutralize) the taxable 5% add-back that represents non-deductible costs related to a participation when receiving dividends, if not a parent of an integrated tax group. The judgment addresses cases involving French parent companies that received dividends from subsidiaries established in Member States oth…

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