State Aid Recoveries and the US Foreign Tax Credit
Journal
Country
European Union; United States
Published Date
Issue
European Taxation 2020 (Volume 60), No. 5
Document
The authors examine whether State aid recovery payments may qualify for indirect foreign tax credits in the United States. The tax year linked to the recovery payment may affect the value of the credit. If earnings, tax payments and dividends are not well matched, the credit may be lost or diminished in value. The authors suggest that State aid recoveries are trade disputes to be resolved before the International Court of Justice, not an EU tribunal.