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CJEU issues final decision confirming characterization of the Spanish tax amortization regime for financial goodwill as State aid

11 October 2021

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Tax Alerts, Legislation & Policy, Na...

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Spain, European Union

Executive summaryOn 6 October 2021, the Court of Justice of the European Union (CJEU) issued its judgment on several cases1 concerning the Spanish tax amortization regime for financial goodwill arising in connection with direct foreign shareholding and also dismissed the appeals filed against the prior judgment of the European Union (EU) General Court (EUGC).The CJEU dismissed the appeals brought against the judgments of the General Court upholding the classification of the Spanish tax rules on the amortization of financial goodwill as State aid incompatible with the internal market.Detailed discussionBackgroundThe Spanish financial goodwill2 controversy dates back to 2002, when Spanish rules were amended...