Tax Law – Dividends distributed to mutual investment funds resident in the EU – Subject to withholding tax – Discrimination. Pescara first Instance Tax Court of Justice, Section. II, sentence. 2.10.2023, n. 550.

The Pescara first Instance Tax Court of Justice, with ruling no. 518 of 14 September 2023 (https://www.mattarelli.eu/wp-content/uploads/2023/11/Sentenza-CGT1PE-n-550-2023-2.pdf) , states that the internal regulations referred to in art. 73, paragraph 1, letter. c), of the Presidential Decree n. 917 of 22 December 1986 (TUIR) and art.27 of the Presidential Decree. n.600/1973 in providing exemption from IRES only for UCIs resident in Italy and not also for Luxembourg SICAVs, subject to similar forms of supervision, is precluded violates the freedom of movement of capital referred to by art. 63 TFEU, since the discrimination is justified solely by reason of the place of tax residence.