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CJEU Holds Finnish Immediate Taxation of Foreign Permanent Establishment Transfer Violates Freedom of Establishment

29 November 2017

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Approved Changes

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Finland-European Union

On 23 November 2017, a judgment was issued from the Court of Justice of the European Union (CJEU) concerning Finland's treatment of the transfer of a Finnish corporation's permanent establishment in another Member State and whether the treatment violates EU law in relation to the freedom of establishment (Article 49 TFEU) and the EU Mergers Directive (Council Directive 90/434/EEC). The case involved a Finnish resident company that transferred a permanent establishment in Austria to an Austrian company and received in return shares in that company. As per the provisions of Article 52e of Finland's Business Income Tax Law, the Finnish...