Italian-source dividends to non-EU companies: between conventional provisions and the free movement of capital
2025 · FISCALITÀ & COMMERCIO INTERNAZIONALE
Ruling 509/2024 of the Pescara Court of First Instance (CGT) recognized the right of a US company to a refund of the withholding tax paid on Italian-source dividends exceeding the 1.2% rate, as it was discriminatory compared to the tax treatment that would have been reserved for companies located in EU/EEA countries, in light of the principle of free movement of capital. Without claiming to be exhaustive, in issue 5/2025 of Fiscalità & Commercio Internazionale, we delve into the principle of free movement of capital, from its origins to the main case law, in order to analyze its applicability in the context of Italian-source dividend flows received by companies located outside the EU/EEA.