Tax Alert | CJEU – Income tax exemption for real estate investment funds

On 27 April, the Court of Justice of the European Union issued judgment case C-537/2020 stating the infringement of EU principle of free movement of capital by German tax rules on funds investing in real estate assets.

The decision may be relevant for EU real estate funds investing directly in properties located in another Member State (e.g. Italy) and refund of income taxes applied so far may now be taken into consideration.

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