CFC rules apply to Italian company with subsidiary and branch in black listed country, even if actual business activity carried on

On 5 May 2008, the Italian tax authorities (ITA) issued ruling No. 187 according to which the controlled foreign corporation (CFC) rules apply to an Italian company with a subsidiary in Cyprus that carries out an actual business activity through a branch in Dubai (United Arab Emirates).

(a) Facts. An Italian company undertook a joint venture agreement with a French and a Swiss company (collectively, the Joint Venture). The Joint Venture won a bid to become sub…