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European Commission Finds that Gibraltar Granted Illegal State Aid with Exemption Regime for Interest and Royalties and Related Tax Rulings

21 December 2018

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Approved Changes

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European Union-Gibraltar

The European Commission has announced its decision finding that Gibraltar's prior corporate tax exemption for interest and royalties, as well as five related tax rulings, are illegal under EU State aid rules. The exemption for interest and royalty income was introduced in the Income Tax 2010, which entered into force on 1 January 2011, although subsequent amendments subjected interest to corporate income tax from 1 July 2013 and subjected royalties to tax from 1 January 2014. During the time the exemption applied, several related tax rulings were granted, including five rulings concerning Dutch limited partnerships with partners in Gibraltar. According...