EU Anti-Avoidance Directive and Irish Holding Companies – Taxation of Dividends

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU Anti-Avoidance Directive and Irish Holding Companies – Taxation of Dividends

The hastily adopted EU Anti-Avoidance Directive ("Directive") requires European Union (EU) member states to introduce or amend their existing Controlled Foreign Companies ("CFC") legislation.

Unlike many EU countries, Ireland taxes dividends at either a 12.5% or 25% corporation tax rate and operates a wide-ranging credit system for double tax relief. Ireland taxes dividends as an alternative to having a CFC regime. With the BREXIT vote decided and the UK expected to highlight the benefit of the UK as a holding company location which exempts dividends, the Irish may change their tax regime.

Under the Directive, Ireland is required to introduce CFC law by December 31 2018, which is to take effect from January 1 2019. While Ireland has amended its tax code to ensure dividends can flow tax-free between EU companies by way of a deemed tax credit, the requirement to introduce a CFC regime increases the pressure on the Irish Department of Finance to introduce law to exempt dividends from tax.

With the new Irish coalition government beginning to get to grips with its work, it should be fair to expect the Irish Department of Finance to at least consider over the summer the possibility of introducing legislation to exempt foreign dividends received by Irish holding companies. Such a move would be welcome and could considerably enhance the attraction of Ireland as a holding company location.

This article was prepared by Mason Hayes & Curran, International Tax Review’s correspondents in Ireland. For further information, please contact:

John Gulliver 100

John Gulliver, tax partner.
T: +353 1 614 5007
E: jgulliver@mhc.ie

Robert Henson 100

Robert Henson, tax partner.
T: +353 1 614 2314
E: rhenson@mhc.ie

Maureeen 100

Maura Dineen, tax partner.
T: +353 1 614 2444
E: mdineen@mhc.ie

more across site & shared bottom lb ros

More from across our site

Meanwhile, one expert highlights the importance of separating Venezuela’s tax authority from direct political control after ‘lost decades and isolation’
With PMK 108, Indonesia has upgraded its tax transparency regime for the digital era, focusing on data quality, governance, and cross border exchange rather than expanding regulatory reach
In a popular LinkedIn post, Jeremie Beitel encouraged firms to invest in junior talent even if it doesn’t lead to their loyalty, though recruiters offered ITR a mixed assessment
Advisers who do not register for the new regime in time could be prevented from interacting with HMRC, the tax authority said
Valid pillar two objectives are still intact after the side-by-side agreement, but whether the framework is now settled is ‘a $64,000 question’, Morrison Foerster’s tax chair told ITR
Ian Halligan previously led Baker Tilly’s international tax services in the US
Exclusive ITR data emphasises that DEI does not affect in-house buying decisions – and it’s nothing to do with the US president
The firms made senior hires in Los Angeles and Cleveland respectively; in other news, South Korea reported an 11% rise in tax income, fuelled by a corporation tax boom
The ‘deeply flawed’ report is attempting to derail UN tax convention debates, the Tax Justice Network’s CEO said
Salim Rahim, a TP specialist, had been a partner at Baker McKenzie since 2010
Gift this article