EU Property Sales By Nonresident Can Be Taxed Differently

Law360 (November 19, 2020, 7:37 PM EST) -- European Union law allows using a tax regime different from the one applying to residents in cases when property sales are made by a resident of another EU country, an adviser to the European Court of Justice said Thursday.

The decision by Advocate General Gerard Hogan, which the full court isn't obliged to follow, sided with the Portuguese tax authority in a dispute with a plaintiff identified in the opinion only as MK.

MK is a resident of France who filed a tax return with the Portuguese tax authority on May 31, 2018, for the financial year 2017. He declared, in...

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