Loredana Carpentieri, Stefano MicossiFrom: Capital Markets Union in Europe
Edited By: Danny Busch, Emilios Avgouleas, Guido Ferrarini
To achieve a fully fledged capital market union, many legal and regulatory obstacles must be confronted and removed in order to harvest the full benefits of the freedom of capital movements. Amongst these obstacles, capital market investors and member states continue to single out withholding tax procedures as a long-standing and highly damaging barrier to cross-border investment. This chapter first analyzes the contents of the freedom of circulation of capital and the consequent prohibition of restrictions. It then considers tax derogations expressly envisaged to the free circulation of capital and the tax hurdles to cross-border investments, which mainly arise from withholding taxation of interest and dividend incomes and attendant procedures.