Judgment_paragraph 14 · Proceedings brought by E (C-480/19)

14Paragraph 33c of the Law on income tax, entitled ‘Dividends received from a foreign entity’, states:‘Dividends received from a foreign entity constitute taxable income in accordance with Paragraphs 33a and 33b of this Law, if the entity is a company within the meaning of Article 2 of [Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 2011 L 345, p. 8), as amended by Council Directive 2014/86/EU of 8 July 2014 (OJ 2014 L 219, p. 40)]. …Dividends received from foreign entities other than those mentioned in subparagraph 1 above shall constitute taxable income in accordance with the provisions of Paragraphs 33a and 33b, if the entity in question is obliged, without options or exemption, to pay at least 10% tax on the income from which the dividends were distributed and:(1) according to the tax legislation of a State belonging to the [EEA], the entity has its registered office in that State and, according to a convention preventing double taxation, the entity does not have its registered office in a State outside the [EEA]; or(2) a convention preventing double taxation, which applies to the dividends distributed by the entity, is in force between the entity’s State of residence and Finland in the tax year.Dividends received from foreign entities other than those mentioned in subparagraphs 1 and 2 constitute fully taxable income from employment.…’