State Aid Recoveries and the US Foreign Tax Credit

Journal
Ruchelman, S.C.; Apostolides, A.
European Union; United States
European Taxation 2020 (Volume 60), No. 5
FormatPDF
EUR
45
| USD
50 (VAT excl.)

The authors examine whether State aid recovery payments may qualify for indirect foreign tax credits in the United States. The tax year linked to the recovery payment may affect the value of the credit. If earnings, tax payments and dividends are not well matched, the credit may be lost or diminished in value. The authors suggest that State aid recoveries are trade disputes to be resolved before the International Court of Justice, not an EU tribunal.