Volume 39 (2011) / Issue 11

Filippo Alessandro Cimino, 'Tax Avoidance and Non-proportional Demergers' (2011) 39 Intertax, Issue 11, pp. 543–546

Abstract

This article analyses the compatibility with European Union (EU) law of the anti-avoidance practice by Italian tax authorities in the field of non-proportional demergers. Based on the European Court of Justice (ECJ) case law and selected tax literature, the author concludes that such practice is incompatible with EU law and violates the obligation of tax authorities to comply with the principle of Union loyalty.

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ISSN: 0165-2826
ID: TAXI2011056