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European Commission Publishes Decision that UK Group Financing Exemption under CFC Rules Constituted Illegal State Aid for Certain Multinationals

29 April 2019

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Approved Changes

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United Kingdom-European Union

On 25 April 2019, the European Commission published the full text of its 2 April 2019 decision finding that the group financing exemption allowed under the UK's controlled foreign company (CFC) rules gave an illegal tax advantage to certain multinationals, constituting illegal State aid ({News-2019-04-04/A/6-previous coverage}). The final decision is as follows: The group financing exemption scheme, included in the Taxes Acts as Chapter 9 of Part 9A of Taxation (International and Other Provisions) Act 2010, constitutes aid within the meaning of Article 107(1) of the Treaty, in as far as it applies to non-trading finance profits from qualifying loan...