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PE Watch | Latest developments and trends, December 2024

|Tax Alerts, Legislation & Policy, Legislation & Policy, Global|Italy, European Union
Italy, European Union

EU PE developments

EU Commission refers Germany to the Court of Justice on different tax treatment for PEs

On 13 November 2024, the European Commission referred Germany to the Court of Justice of the European Union (CJEU) for violating the free movement of capital under European Union (EU) law.

According to the European Commission, under the German Income Tax Act, resident corporations can defer capital gains tax by deducting these gains from the cost of newly acquired assets in succeeding years. A…

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