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Orbitax Tax News & Alerts

Italy's Tax news & updates from Orbitax and partners

Italy Tax News

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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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European Commission closes infringement procedure against Luxembourg concerning taxation of dividends

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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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European Commission takes steps against Bulgaria, Portugal, Romania and Spain concerning taxation of dividends

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ECJ: Non-deductibility of foreign PE losses in Germany compatible with EC freedom of establishment

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

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Treaty between Italy and Latvia – ratified by Italy and details

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ECJ: Netherlands refund regime for investment funds incompatible with EC free movement of capital

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

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CFC rules apply to Italian company with subsidiary and branch in black listed country, even if actual business activity carried on

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Treaty between Italy and Tunisia – Italian tax authorities rule on whether domestic tax credit is available on portion of prélèvement fiscal global

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ECJ: 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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Dividends and capital gains: new percentage of exemption

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European Commission refers Netherlands to ECJ for not exempting dividends paid to companies established in certain EFTA countries from withholding tax

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Merger of UK companies with Italian PEs: tax consequences

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ECJ: Advocate General finds German rules on taxation of cross-border dividends under old imputation system compatible with EC law

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ECJ: Advocate General finds 5% add-back of tax credits for withholding tax abroad compatible with Parent-Subsidiary Directive – details

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European Commission takes steps against Germany, Estonia and Czech Republic regarding taxation of outbound dividends

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European Commission takes steps against Belgium for failure to adopt implementing measures of Merger Directive

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OECD released discussion draft on transactional profit methods

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European Commission issues communication regarding accession of Bulgaria and Romania to Arbitration Convention

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ECJ: Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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ECJ: Advocate General finds the 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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ECJ:Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital

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ECJ: German transitional rules for taxation of capital gains incompatible with EC free movement of capital

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Communication published on application of anti-abuse measures in area of direct taxation – within the EU and in relation to third countries

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Deemed Italian tax residence for Dutch holding company

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ECJ: Advocate General finds Swedish legislation limiting the exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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Treaty between Ireland and Italy – Irish High Court rules treaty covers CGT

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