Portugal – ECJ judgment on exit taxation (Case C-38/10)

EU direct tax group newsflashes ()

On 6 September 2012, the ECJ ruled that the Portuguese tax law is in breach with Article 49 of the TFEU (freedom of establishment), by foreseeing the immediate taxation of unrealised capital gains in case of a Portuguese tax resident company that transfers simultaneously its registered head office and effective place of management to another Member State. Read more about the case’s details.