Italy Tax News

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Dutch dividend withholding tax exemption extended to certain EEA countries

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Scope of CFC rules broadened

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Requirements for withholding tax exemption for interest and royalties paid to EU associated companies clarified

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ECJ finds Finnish dividend withholding tax regime incompatible with EC freedom of establishment

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ECJ: Netherlands' non-exemption of dividends paid to certain EEA countries from withholding tax found incompatible with EEA Agreement

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Tax treatment of dividends paid to EU and EEA countries clarified

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Protocol to treaty between Russia and Italy signed

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Protocol to treaty between Cyprus and Italy signed

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ECJ: Cobelfret extended to domestic situations and potentially to dividends received from third countries

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European Commission refers Germany to ECJ over taxation of outbound dividends

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Protocol to treaty between Malta and Italy signed

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Italian tax authorities ruling that CFC regime applies when indirect participation, via transparent entity (France) and trusts, in companies resident in black list countries (Isle of Man, Mauritius)

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Treaty between Iceland and Italy enters into force

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Preliminary ruling requested from ECJ on interpretation of EC Parent-Subsidiary Directive with respect to Italian tax on dividend adjustment (General Beverage)

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ECJ: Advocate General finds French legislation on group consolidation excluding lower-tier subsidiaries indirectly owned through companies resident in other Member States justifiable restriction on EC freedom of establishment – details

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ECJ: Advocate General finds Belgian withholding tax on interest paid to companies resident in other Member States compatible with EC freedom of establishment – details

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Preliminary ruling requested from ECJ regarding Belgian anti-abuse provision concerning exceptional and gratuitous advantages

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OECD released 2008 Model Tax Convention

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ECJ: Advocate General finds French legislation on group consolidation excluding lower-tier subsidiaries indirectly owned through companies in other Member States justifiable restriction on EC freedom of establishment

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Treaty between Italy and Iceland ratified

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Discussion draft on New Art. 7 of OECD Model – details

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OECD Council approves 2008 Model Tax Convention

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Preliminary ruling requested from ECJ on interpretation of Merger Directive in connection with scheme to avoid Netherlands property transfer tax

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Treaty between Latvia and Italy enters into force

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Treaty between Italy and Belgium – Italian tax authority rules on tax qualification of payments under non-competition agreement

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Comments on draft contents of 2008 update to Model Tax Convention published

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ECJ: Decision by reasoned order in UK CFC and foreign dividend test case

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ECJ: Advocate General finds Belgian rules on inclusion of dividends in taxable base followed by 95% deduction insofar as parent company makes profits incompatible with Parent-Subsidiary Directive – details

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Draft of 2008 Model Tax Convention – Proposed changes to Commentary to Art. 12 (definition of royalties)

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European Commission closes infringement procedure against Luxembourg concerning taxation of dividends

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