Dividends Can't Be Taxed As Employment Income, ECJ Says

Law360 (November 19, 2020, 7:54 PM EST) -- Taxing investment fund dividends distributed by foreign companies as employment income violates European Union rules, an adviser to Europe's top court said Thursday in an opinion finding that part of a Finnish law was discriminatory.

The difference in treatment for domestic and foreign companies that Finland's law created couldn't be justified as being in the public interest, Advocate General Gerard Hogan wrote for the European Court of Justice. Hogan acknowledged, however, that other parts of the law served a public interest, such as preventing double taxation.

Hogan's opinion will become binding if adopted by the court.

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