Carried interest: employment or capital income?

The recent answer to the tax ruling no. 407 of 24 September 2020 offers an opportunity to return to the issue (still with uncertain borders) of the qualification of incomes deriving from participations with reinforced patrimonial rights (the so-called carried interest) attributed to key managers in application of incentive plans (see our previous article  https://www.carmini-law.com/en/carried-interest-and-the-new-participating-financial-instruments/).…

ECJ: stop tax withholding on dividends paid to loss-making foreign companies

Cross-border dividends are a subject frequently analyzed since the taxation of income flows, allocated among related companies resident in different Countries, has a fundamental role to play in the strategic planning of any multinational group. This matter concerns a legislation that evolves constantly through a continuous updating of national, conventional (resulting from bilateral agreements between…

COVID-19 and processing of personal data

The ongoing health emergency and the governmental measures undertaken in an attempt to contain it have been posing questions about processing of personal data. At this juncture, several fundamental rights, including the right to protection and confidentiality of data, conflict and inevitably need to be balanced. According to recital 4 to Regulation n. 2016/679 on…

Covid-19: lights and shadows on fundraising to fight the spread of the virus

The latest Emergency Decree has introduced a series of initiatives of economic nature to deal with the Covid-19 pandemic, including the attempt, perhaps only partially successful, to facilitate, through tax benefits, the collection of goods and funds, to support activities aimed at containing the current epidemiological emergency. These measures enrich and integrate the fragmented and…