Double taxation: Advocate General Kokott considers that Article 107 TFEU does not preclude an offset against tax payable in Gibraltar of income taxes relating to intellectual property royalties paid in the United States because the adoption of tax measures to avoid double taxation of the same income falls within the discretion of the Member States (Fossil (Gibraltar) Limited)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On March 10, 2022, Advocate General Juliane Kokott presented her conclusions in case C-705/20 (Fossil (Gibraltar) Limited v Commissioner of Income Tax) which follows a reference for a preliminary ruling from the Gibraltar Income and Profits Tax Tribunal [United Kingdom]. The present case again raises the question of the Commission's control of national tax laws of general application and their effects on the taxpayer in the light of State aid legislation. In 2010, Gibraltar passed a new Income Tax Act 2010 (ITA 2010). In its original version, passive interest income and intellectual property royalties were not included and therefore not taxable income.

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Double taxation: Advocate General Kokott considers that Article 107 TFEU does not preclude an offset against tax payable in Gibraltar of income taxes relating to intellectual property royalties paid in the United States because the adoption of tax measures to avoid double taxation of the same income falls within the discretion of the Member States (Fossil (Gibraltar) Limited), 10 March 2022, Concurrences N° 2-2022, Art. N° 105683, www.concurrences.com

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