Italy Tax News

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Compatibility of exclusion of indirect ownership through companies in other EU Member States for French tax consolidation purposes with freedom of establishment referred to ECJ

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Netherlands restriction on loss compensation under transitional regime compatible with treaty between Netherlands and Italy, EC fundamental freedoms, ECHR Treaty

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ECJ: Interprets anti-avoidance clause under the Merger Directive with respect to Danish rules on taxation of exchanges of shares – details

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EU Commission refers Greece to ECJ concerning discriminatory taxation of dividends

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Second Guideline on implications of ECJ Denkavit case on French dividend withholding tax published

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FTC available for withholding tax levied on interest from black listed country

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EU Commission progresses infringement procedure against Austria, Germany, Italy and Finland regarding taxation of outbound dividends

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ECJ: Finnish group contribution regime compatible with EC Law – details

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Ruling on circumstances under which an internet server constitutes a PE

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ECJ: German thin capitalization rules reclassifying interests paid to substantial shareholders in third States are not incompatible with EC law

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ECJ: Swedish legislation on dividend tax relief in relations with third countries is compatible with EC law – details

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ECJ: Advocate General holds German switch-over provision for low-taxed passive income of foreign PEs incompatible with EC Law – details

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ECJ: Advocate General finds Dutch withholding tax on outbound dividends incompatible with EC free movement of capital – details

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ECJ: Previous Austrian rules discriminating dividends received from third countries are compatible with free movement of capital under grandfathering clause – details

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Discussion draft on application and interpretation of non-discrimination article of OECD Model – details

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International tax conference on CCCTB held in Berlin

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Italian tax authorities interpret application of Art. 15 of EU-Swiss Agreement

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Italian tax authorities issue ruling re treatment of Italian PE of UK partnership, income paid by UK partnership to Italian partners

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Legislative Decree amending Parent-Subsidiary Directive published in Official Gazette

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Revised Commentary on Article 7 of OECD Model released

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ECJ: temporal effects of judgment in Meilicke against Germany should not be limited – details

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Company tax regimes of Swiss cantons exempting foreign profits incompatible state aid under EU-Switzerland Agreement

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Final Report on Improving the Resolution of Tax Treaty Disputes

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ECJ: hearing in case regarding Dutch withholding tax on outbound dividends

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Finance Bill 2007 adopted: highlights on corporate taxation

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EU Commission requests Italy to implement the Interest and Royalties Directive correctly

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EU Commission progresses infringement actions against Member States for discriminatory taxation of outbound dividends

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EU Commission requests Italy not to apply a withholding tax on dividends paid to Netherlands parent companies

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Report on Attribution of Profits to PEs released

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ECJ holds French withholding tax on outbound dividends incompatible with freedom of establishment

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