argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: capital - free movement - taxation

On 18 November 2020, in the conclusion related to Case C-480/19, the E.U. Advocate General made clarifications in reference to the question of the constitutive elements of a discriminatory taxation for the purposes of regulation of the free movement of capital. In particular, the case concerned a dispute against the Finnish Tax Appeal Board which, by decision of 10 November 2017, held that profits distributed by a Luxembourg open-ended investment company should be taxed in Finland as income from subordinate work. In the present case, it has been held that the national legislation according to which income received by a natural person from a collective investment scheme established in another Member State is taxed as dividends and not as shares of profits is not contrary to E.U. law, while the provision that re-qualify dividends distributed by companies that have been taxed in another member State as a lower rate, as income from subordinated employment, are contrary even if the dividends constitute, in principle, investment income. It has been specified that it is necessary to precisely identify the potentially discriminatory measure or measures for this purpose constituting, therefore, a restriction on the free movement of capital, in order to inform the member States about the legal measures that should be adopted to remedy it.