Key Decision of the Italian Supreme Court on the Relationship between the Concepts of Beneficial Ownership and Abuse of Tax Treaties

Journal
Arginelli, P.; Tenore, M.
International; Italy
Bulletin for International Taxation 2022 (Volume 76), No. 5
FormatPDF
EUR
40
| USD
45
(VAT excl.)

In this article, the authors examine the implications of Decision No. 17746 of 22 June 2021 of the Italian Supreme Court of Cassation regarding “beneficial ownership” and its interaction with abuse of tax treaties in the context of royalty payments, as well as the allocation of the burden of proof upon the withholding agent.