ATAD 2’s Punishment of Disregarded Entities: Potential Italian Remedies for Double Taxation

Among tax practitioners, the interrelationship between the EU anti-hybrid rules in ATAD 2 (2017/952) and the US "check-the-box" regulations have been a source of debate since the initial drafts of ATAD 2. The debate seems to have reached a dead end in respect of intercompany services remunerated on a "cost-plus" basis. The present article, against this background, focusses on an actual case for the purpose of illustrating certain unreasonable effects produced by the Italian anti-hybrid legislation.