Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

News - tax case

10 May 2006
Categories: Tax cases
Aro Tubi Trafilerie SpA v Ministero dell'Economia e delle Finanze (Case C-46/04)

No capital duty

The Italian claimant company acquired a subsidiary company. It then acquired its Italian parent company by way of a reverse merger whereby the claimant acquired all the assets of the parent in exchange for which all the claimant's shares were transferred to the parent's shareholders.
The company claimed that a registration duty of 1% which was charged on the value of the assets and liabilities of the companies acquired was contrary to Community law.
The Court of Cassation sought a ruling from the European Court as to whether the duty was compatible with Council Directive 69/335/EEC (concerning indirect taxes on the raising of capital) Article 10 of which stated that apart from capital duty permitted by Article 4 no duty should be charged on the transactions in Article 4.
Article 4(1)(c) required the imposition of capital duty on 'an...

If you or your firm subscribes to, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or '' for further assistance.

back to top icon