Win for CFC tax regime as ruled not state aid

The European Court of Justice (ECJ) has overturned a European Commission decision that UK rules on the taxation of controlled foreign companies (CFCs) was state aid

The Court ruled that the tax approach was compatible with the internal market and set aside the judgment of the General Court, ordering the European Commission to pay the court costs for the UK government and ITV and the London Stock Exchange Group, the two companies involved in the appeal.

The original case centred around whether a state aid scheme implemented by the UK in favour of certain multinational groups relating to the taxation of the non-trading finance profits of controlled foreign companies (CFCs) was tantamount to artificial diversion of profits.

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