author_orbitax
Orbitax

Share This Article

EU Court of Justice Holds Pro-rata Limitation of Tax Credit Compatible with EU Law

18 February 2016

|

Approved Changes

|

European Union-Italy-France

On 4 February 2016, the Court of Justice of the European Union issued its order in the case of Baudinet and Others (C-194/15). The order was in reply to prejudicial questions put forth to the Court by the Provincial Tax Commission of Turin, Italy. The case concerned resident Italian persons who held stock in French corporations and received dividends from those corporations. Pursuant to the France-Italy treaty, a 15% withholding tax was levied on the distribution of the dividends in France. The tax withheld qualifies as a credit for the recipient in Italy. Pursuant to Italian law as it then...