Opinion Statement ECJ-TF 3/2019 on the ECJ Decision of 22 November 2018 in Sofina (Case C-575/17) on Withholding Taxes, Losses and Territoriality

Journal
CFE ECJ Task Force
European Union
European Taxation 2020 (Volume 60), No. 2/3
Format/Price
JournalUSD 45

This CFE Opinion Statement, submitted to the EU Institutions on 10 October 2019, comments on the decision in Sofina (Case C-575/17), in respect of which the Fifth Chamber of the ECJ delivered its decision on 22 November 2018. The Court held that the imposition of French dividend withholding tax violated the freedom of capital movement in light of the non-resident’s overall loss situation.