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CJEU Rules French Group Dividend Tax Rule Violates Freedom of Establishment

03 September 2015

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Approved Changes

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France-European Union

On 2 September 2015, the Court of Justice of the European Union (CJEU) ruled on an issue referred to the Court by the Versailles Administrative Court of Appeal concerning a French company seeking to deduct the 5% proportion for costs and expenses related to dividends received from subsidiaries established in other EU Member States. This would be allowed for dividends received from a French subsidiary under the French tax integration regime, but not for dividends received from a non-resident subsidiary. The question referred to the CJEU was whether the French tax integration regime was consistent with the freedom of establishment...