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'Editorial – The Future of VAT', Algirdas Šemeta, Issue 1, pp. 2–3 |
infoAlgirdas Šemeta, 'Editorial – The Future of VAT' (2011) 20 EC Tax Review, Issue 1, pp. 2–3 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011001 | 
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'Is There Still Room Left in EU Law for Tax Autonomy of Member States’ Regional and Local Authorities?', Edoardo Traversa, Issue 1, pp. 4–15 |
infoEdoardo Traversa, 'Is There Still Room Left in EU Law for Tax Autonomy of Member States’ Regional and Local Authorities?' (2011) 20 EC Tax Review, Issue 1, pp. 4–15 | | This article aims at determining the conditions under which local and regional authorities may exercise their taxing powers while fulfilling their obligations under European Union law. Furthermore, it seeks to assess the possibility of combining new transfers of tax competences within Member States a(MS) with the achievement of the internal market. It results from the analysis of the EU legislation and case law that, in many respects, EU law not only restricts the exercise by regional and local authorities of the autonomous taxing powers that have been allocated to them in the internal legal order but also limits the autonomy of the MS to organize the allocation of taxing powers between different levels of power. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011002 |
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'A Financial Transaction Tax for Europe?', Benjamin Cortez, Thorsten Vogel, Issue 1, pp. 16–29 |
infoBenjamin Cortez, Thorsten Vogel, 'A Financial Transaction Tax for Europe?' (2011) 20 EC Tax Review, Issue 1, pp. 16–29 | | In this article, the concept of a tax on financial transactions in Europe is discussed. In the wake of the financial crisis of 2007, the European Union (EU) as well as single Member States are considering imposing a tax on financial transactions to mitigate short-term speculative trading and to generate substantial tax revenue to refinance the costs incurred during the crisis. The implementation of a tax on financial transactions would, from an economic perspective, have a range of consequences for the participants in the global financial markets, which must be considered. The authors analyse the potential economic consequences of a financial transaction tax (FTT) and derive solutions to mitigate negative effects. This article also intends to derive suggestions concerning the structure of an FTT. Therefore, the fundamental structures of different FTT regimes in selected states are presented. In this regard, the authors chose to illustrate the risks as well as the rewards by discussing the experiences of the FTT regimes in Sweden and in the United Kingdom in depth. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011003 |
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'Cross-Border Obstacles and Solutions for Pan-European Pensions', Hans van Meerten, Bastiaan Starink, Issue 1, pp. 30–40 |
infoHans van Meerten, Bastiaan Starink, 'Cross-Border Obstacles and Solutions for Pan-European Pensions' (2011) 20 EC Tax Review, Issue 1, pp. 30–40 | | Pensions are currently at the top of the agenda of companies, employees, pension carriers, governments and, last but not least, the European Commission. This is partly because of the economic crisis pension funds are in right now but also because of the ageing population and the impact on public treasuries. These problems however cannot be solved easily. A well-functioning internal market for pan-European pensions without tax barriers can however contribute in solving the current pension crisis. In this article the authors describe the current situation and legislation regarding cross-border pension carriers and pension schemes within the EU. Since taxation is still one of the largest barriers for a well-functioning internal market for pension schemes, this aspect gets a lot of attention of the authors. They do not only describe current legislation and recommend changes; they also present a solution which is already being developed and is in line with current legislation: a multi-country tax-efficient pension scheme. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011004 |
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'Corporate Tax Burden in the European Union', Santiago Álvarez García, Elena Fernández Rodríguez, Antonio Martínez Arias, Issue 1, pp. 41–55 |
infoSantiago Álvarez García, Elena Fernández Rodríguez, Antonio Martínez Arias, 'Corporate Tax Burden in the European Union' (2011) 20 EC Tax Review, Issue 1, pp. 41–55 | | The main aim of this paper has been to analyse the tax burden exerted by Corporate Income Tax (CIT) on European Union (EU) companies using the effective tax rate (ETR) as a tool for analysis. For this purpose, a sample of listed companies in the EU was extracted from the Datastream/Worldscope database for the period 1995–2005. This analysis allowed us to determine the tax burden experienced by companies. The results have showed significant differences between the different EU countries as well as between statutory tax rates (STR) and ETRs. Likewise it has been proved that general reductions in STR do not have the expected effect on the tax burden. These results are especially relevant in the present environment, which is characterized by the discussion regarding harmonizing measures for CIT, which will limit its impact on business decisions regarding locating within the EU. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011005 |
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ISSUE 2 | |
'Cross-Border Loss Relief and the ‘Effet Utile’ of EU Law: Are We Losing It?', Axel Cordewener, Issue 2, pp. 58–61 |
infoAxel Cordewener, 'Cross-Border Loss Relief and the ‘Effet Utile’ of EU Law: Are We Losing It?' (2011) 20 EC Tax Review, Issue 2, pp. 58–61 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011006 |
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'Compatibility of Exit Taxes and Community Law', Reinout Kok, Issue 2, pp. 62–74 |
infoReinout Kok, 'Compatibility of Exit Taxes and Community Law' (2011) 20 EC Tax Review, Issue 2, pp. 62–74 | | In 2010, the pressure on exit taxes in the field of corporate income taxation has increased. In this article, it will be investigated which kind of exit taxes exist in the field of corporate income tax. The Dutch corporate income tax will be used as an example. First, the author analyses the exit taxes from a domestic legislation and a tax treaty point of view. Dutch legislation provides for an immediate taxation over the hidden reserves of the assets/liabilities of a company that migrates and, as a result, is no longer effectively taxable in the Netherlands. Subsequently, it is being investigated whether levying an exit tax is a forbidden infringement on the freedoms of the Treaty on the Functioning of the European Union (TFEU). The author comes to the conclusion that the exit tax forms an infringement on the freedom of residence, but that the preservation of the balanced allocation of taxing power forms a justification. However, the exit tax provisions are not proportional: a mechanism with, for example, a preservative assessment would be more proportional. However, because of the unclarity regarding the application of the proportionality principle by the ECJ, it could be that the ECJ will accept an immediate taxation upon exit and will not force the Netherlands to introduce a preservative assessment mechanism in the field of corporate income tax. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011007 |
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'A VAT Voucher System for Origin-Based Taxation', Howell H. Zee, Issue 2, pp. 75–83 |
infoHowell H. Zee, 'A VAT Voucher System for Origin-Based Taxation' (2011) 20 EC Tax Review, Issue 2, pp. 75–83 | | A major challenge in value-added tax (VAT) design concerns the discovery of an approach to ensure that, in a decentralized system of VATs being administered by individual jurisdictions within a federation or an economic union, VAT revenue collection would be distributed among the jurisdictions on the destination basis even in the absence of internal fiscal borders. This paper contains a new proposal, in the form of a specially designed voucher system coupled with the coordinated use of reverse charges, to overcome the above challenge in an incentive-compatible and cost-effective manner and argues that it has significant advantages over all other currently known proposals or practices. The policy implications of this proposal are considerable not only for those authorities (such as the European Union) that are currently engaged in an ongoing search for a satisfactory solution to this long-standing VAT challenge but also for other authorities (such as the United States) that may well face the same challenge in the future. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011008 |
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'The Swedish Taxation on Loans from Foreign Companies', Petra Inwinkl, Therese Nilsson, Issue 2, pp. 84–93 |
infoPetra Inwinkl, Therese Nilsson, 'The Swedish Taxation on Loans from Foreign Companies' (2011) 20 EC Tax Review, Issue 2, pp. 84–93 | | On 1 January 2010, the Swedish government changed the rule on taxation of prohibited loans between Swedish companies and their shareholders and extended the regulation to loans granted by foreign companies. By changing the rule to also comprise foreign companies, the government aims to eliminate tax avoidance. The inclusion of foreign corporations in national legislation has been subject to criticism by the consultative bodies in the government bill and in the legal debate. The expression of discontent is due to the fact that the extension of the statutory rules to foreign companies does not comply with the freedom of establishment. This article aims to provide a response as to whether the changes of the rule on taxation of prohibited loans are compatible with the freedom of establishment and, consequently, whether the Swedish government commits, by the extension of the statutory rules to foreign companies, a breach of the right of the freedom of establishment. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011009 |
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'Deductibility of Health Insurance and Social Security Contributions', Joachim Wiemann, Issue 2, pp. 94–102 |
infoJoachim Wiemann, 'Deductibility of Health Insurance and Social Security Contributions' (2011) 20 EC Tax Review, Issue 2, pp. 94–102 | | The article analyses two recent European Court of Justice (ECJ) decisions (C-544/07, Rüffler, and C-314/08, Filipiak) addressing the question of whether a Member State can limit the deductibility of social security or health insurance contributions under income tax law to those paid to a domestic institution. In the first case, the ECJ found a violation of the right to free movement; in the second case, a violation of the freedom of establishment and the freedom to provide services. The article follows the structure of the ECJ's decisions, providing critical analysis of all steps of the ECJ's reasoning and relating the decisions to established principles of European law on direct taxation. Although agreeing with the outcome of the decisions, the article highlights important issues with regard to EU law requirements on Member State direct taxation regimes that the decisions do not address or do address but not in an entirely convincing way. Focal points of the analysis include the criteria of identity or comparability of the health care and social security systems and contributions, the different possibilities of the allocation of personal deductions to various Member States, and the limitations as to the deductible rate or the deductible amount under EU law (partial deductibility). Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011010 |
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'Cross-Border Retail Lending in the Eurozone? Forget it!', Marc Dassesse, Issue 2, pp. 103–107 |
infoMarc Dassesse, 'Cross-Border Retail Lending in the Eurozone? Forget it!' (2011) 20 EC Tax Review, Issue 2, pp. 103–107 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011011 |
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ISSUE 3 | |
'Fiscal Federalism, Fiscal Surrealism or Fiscal Realism? Regionalization of Taxing Powers in Belgium', Luc De Broe, Issue 3, pp. 110–113 |
infoLuc De Broe, 'Fiscal Federalism, Fiscal Surrealism or Fiscal Realism? Regionalization of Taxing Powers in Belgium' (2011) 20 EC Tax Review, Issue 3, pp. 110–113 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011012 |
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'VAT Grouping versus Freedom of Establishment', Casper Bjerregaard Eskildsen, Issue 3, pp. 114–120 |
infoCasper Bjerregaard Eskildsen, 'VAT Grouping versus Freedom of Establishment' (2011) 20 EC Tax Review, Issue 3, pp. 114–120 | | According to Article 11 of the EC VAT Directive, Member States may regard as a single taxable person any persons established in the territory of that Member State who, while legally independent, are closely bound to one another by financial, economic, and organizational links. This provision requires that the undertakings in question are established in the same Member State, for which reason it is not possible to form a cross-border VAT group. In the doctrine, it has been argued that this territorial restriction is in breach of the rules on freedom of establishment in the Treaty on the Functioning of the European Union (TFEU). In the present article, this issue will be analysed further. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011013 |
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'Tax in Troubled Time: Is It the Time for A Common Corporate Tax Base in the EU?', Nellie Munin, Issue 3, pp. 121–133 |
infoNellie Munin, 'Tax in Troubled Time: Is It the Time for A Common Corporate Tax Base in the EU?' (2011) 20 EC Tax Review, Issue 3, pp. 121–133 | | The essay introduces the main dilemmas faced by decision makers in the European Union (EU) regarding the initiation of a Common Corporate Tax Base (CCTB) in the EU. It introduces the policy considerations and conflict of interests among EU Members, which prevented the initiation of a CCTB in the EU by now; the possible variations of CCTB, including their advantages and disadvantages; and the possibility of effectuating the enhanced cooperation procedure to initiate a CCTB among part of EU Members. The essay then analyses the possible implications of such a step on the participating and non-participating EU Members, on the EU as a whole, and on third countries. To that extent, the essay attempts to draw a lesson from other 'Europe in two speed' practices: the Economic and Monetary Union (EMU), the Schengen agreements, and the security policy. The main findings are that a CCTB will not necessarily provide only for benefits of the Members involved in it and that the formula adopted for such an arrangement may be decisive to its short-term and long-term consequences. It should therefore be carefully weighed. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011014 |
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'Tax Abuse in European Union Law: A Theory', Paolo Piantavigna, Issue 3, pp. 134–147 |
infoPaolo Piantavigna, 'Tax Abuse in European Union Law: A Theory' (2011) 20 EC Tax Review, Issue 3, pp. 134–147 | | Tax abuse is a legal principle developed by the European Court of Justice (ECJ) that prevents a person from relying on a right in law where such reliance would constitute an abuse of that right. The case law demonstrates two circumstances when the principle has been applied or its potential applicability has been recognized: a person seeks to rely on a European legal right to circumvent or displace national law, and a person seeks to take advantage of a right in European law, but in a manner running contrary to its spirit. The ECJ is recognizing the full and proper construction of the European right upon which a person wishes to rely but prevents its use in any event. This principle of abuse sits alongside other developed principles of law that maintain fundamental rights already accepted in the legal systems of the Member States and in internationally recognized treaties. These general principles are not closed and include equality, proportionality, neutrality, and legal certainty. The main thrust of the application of fraus legis has been in relation to tax avoidance, but one might consider that this abuse of law or fraus legis principle has a potentially vast application in Community Law, both in tax harmonized and in tax non-harmonized areas. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011015 |
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'Assessment of Taxes in Cross-Border Situations: The New EU Directive on Administrative Cooperation in the Field of Taxation', Marius Vascega, Servaas van Thiel, Issue 3, pp. 148–154 |
infoMarius Vascega, Servaas van Thiel, 'Assessment of Taxes in Cross-Border Situations: The New EU Directive on Administrative Cooperation in the Field of Taxation' (2011) 20 EC Tax Review, Issue 3, pp. 148–154 | | This article discusses a recently adopted European Union (EU) Directive that, from 1 January 2013, will gradually introduce important changes to the EU regulatory framework on cross-border mutual assistance in the assessment of taxes. The new Directive broadens the scope of mutual assistance and improves its efficiency, notably as regards information exchange on request and automatic exchange of information. It also introduces comitology for the first time in the area of direct taxation. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011016 |
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'Fiscal State Aid and Real Estate', Hein Vermeulen, Issue 3, pp. 155–158 |
infoHein Vermeulen, 'Fiscal State Aid and Real Estate' (2011) 20 EC Tax Review, Issue 3, pp. 155–158 | | State aid is an issue that does not immediately come to mind on the topic of real estate collective investment vehicles (CIVs). Nevertheless the question of state aid plays an important role. Last year, the European Commission charged with the monitoring of state aid has taken an important decision on this matter. The Finland government had asked the European Commission for a judgment on a fiscal regime for Real Estate Investment Trusts (REITs) to be implemented by Finland. In this paper, I will focus on this decision and the effect it may have on the Dutch fiscal regimes for real estate CIVs. In paragraph 1, I will describe the rationale for fiscal regimes of CIVs: fiscal neutrality. Then in paragraph 2, I will make some basic remarks on state aid. Paragraph 3 contains an outline of the Dutch fiscal regimes for real estate CIVs. In paragraph 4, these Dutch fiscal regimes for real estate CIVs are examined in the light of state aid. The decision of the European Commission with respect to Finnish REITs is discussed in paragraph 5. I end in paragraph 6 with the significance of this decision for the Dutch fiscal regimes for real estate CIVs as well as with a conclusion. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011017 |
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ISSUE 4 | |
'House of Europe, but for Whom?', Henk van Arendonk, Issue 4, pp. 160–161 |
infoHenk van Arendonk, 'House of Europe, but for Whom?' (2011) 20 EC Tax Review, Issue 4, pp. 160–161 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011018 |
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'New Implementing Regulation 282/2011 for the 2006 VAT Directive', Marie Lamensch, Issue 4, pp. 162–171 |
infoMarie Lamensch, 'New Implementing Regulation 282/2011 for the 2006 VAT Directive' (2011) 20 EC Tax Review, Issue 4, pp. 162–171 | | This article seeks to provide a comprehensive summary of Council Regulation 282/2011, which, applicable from 1 July 2011, recasts Council Regulation 1777/2005 and introduces several implementing measures for the 2006 VAT Directive. These are mostly based on guidelines previously agreed by the VAT committee and several relate to the changes introduced by the 2008 VAT package. The new provisions are important and touch upon nearly all areas of the VAT system (scope of application, taxable persons, taxable supplies, place of supply, taxable amount, rates, exemptions, deductions, and taxpayer obligations). As concluding remarks, this article also points at some important weaknesses of the new rules related to the compliance costs, the fixed establishment as paying entity, and the proposed tools that Council Regulation 282/2011 provides to taxable persons in order to implement the new rules governing the place of supply of (electronic) services. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011019 |
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'Must the Losses of a Merging Company be Deductible in the State of Residence of the Receiving Company in EU?', Marjaana Helminen, Issue 4, pp. 172–178 |
infoMarjaana Helminen, 'Must the Losses of a Merging Company be Deductible in the State of Residence of the Receiving Company in EU?' (2011) 20 EC Tax Review, Issue 4, pp. 172–178 | | The EU Merger Directive is silent on the question of the extent in which the state of residence of the receiving company must allow a deduction of the losses of a merging company in an intra-EU cross-border merger. The extent to which the losses are decutible depends on the domestic tax laws and the freedom of establishment principle of the Treaty on the Functioning of the European Union (TFEU). The Supreme Administrative Court of Finland considers it to be unclear whether the freedom of establishment principle of the TFEU requires Finland to allow a Finnish receiving company to deduct the losses of a Swedish merging company after a merger in which there will be no permanent establishment left in Sweden. As a consequence, the Court decided to refer a case concerning this issue to the European Court of Justice (ECJ). The Court considers that it is also unclear as to whether the deductible amount of the Swedish loss should be determined in accordance with the Swedish laws or the Finnish laws, if the ECJ considers that it has to be deductible. In this article, the author discusses the case referred to the ECJ from the perspective of the freedom of establishment principle and concludes that in the case concerned, a deduction should be allowed. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011020 |
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'Plea for a Multilateral Approach in the Judgments of the European Court of Justice', Jean M. Cougnon, Issue 4, pp. 179–191 |
infoJean M. Cougnon, 'Plea for a Multilateral Approach in the Judgments of the European Court of Justice' (2011) 20 EC Tax Review, Issue 4, pp. 179–191 | | No clear-cut provision of the Treaty on the Functioning of the European Union (TFEU) provides for a prohibition of double taxation, be it legal or economic. It may, however, be assumed that this prohibition is implicit, as a means to achieve the single market. When it is basically the aim of double tax conventions to prevent double taxation, such Conventions may not cover all possible situations. For these non-envisaged situations, if they entail cross-border aspects within the EU, the European Court of Justice (ECJ) has a mission of guiding the Member States, keeping into mind that their first care will probably be their own national budgets. Different approaches may be discovered in the recent case law of the Court. When some judgments, principally pronounced in the period 2006-2009, were marked by a multilateral approach having regard for the impact in country B of a given levy of tax in country A, other judgments restricted the scope of analyses to a given country, with no consideration for adverse consequences suffered elsewhere by taxpayers. The judgments developing the multilateral approach are interesting particularly for the decisive role they allow to double tax conventions, recognized as integral part of the tax legislation of Member States. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011021 |
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'Imposing EU VAT on Unlawful Digital Supplies?', Pernilla Rendahl, Issue 4, pp. 192–202 |
infoPernilla Rendahl, 'Imposing EU VAT on Unlawful Digital Supplies?' (2011) 20 EC Tax Review, Issue 4, pp. 192–202 | | This article discusses if EU value added tax (VAT) can be imposed on unlawful digital supplies by evaluating applicable criteria developed by the Court of Justice (COJ). Unlawful digital supplies are delimited to cover trade with digital materials that are copyright protected and exchanged through peer-to-peer networks without the permission of the copyright holder. The criteria that are evaluated for imposing EU VAT on these unlawful supplies covers the scope of VAT, whether the supplies can be seen as consumption, identification of the taxable supplier and if the supplies can be considered as taxable. The main difficulties with deciding if EU VAT can be imposed on unlawful digital supplies is in the argumentation used by the COJ in primarily two cases. The difficulties are, first, based on the Hong Kong Trade case, where the COJ interprets the scope of economic activity as not covering services supplied free of charge. Second, in the Tolsma case, the COJ discusses the need of a direct link establishing if there is a taxable transaction. For imposing EU VAT on unlawful digital supplies, the market place connecting the users and the organization providing the market place can rather be considered as an indirect link than a direct link establishing a legal relationship. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011022 |
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'What an EU Tax Means (From Collective to Individual Net Positions)', Auke R. Leen, Issue 4, pp. 203–205 |
infoAuke R. Leen, 'What an EU Tax Means (From Collective to Individual Net Positions)' (2011) 20 EC Tax Review, Issue 4, pp. 203–205 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011023 |
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ISSUE 5 | |
'CCCTB: Enhanced Speed Ahead for Improvement', C.C.M. Kemmeren, Issue 5, pp. 208–210 |
infoC.C.M. Kemmeren, 'CCCTB: Enhanced Speed Ahead for Improvement' (2011) 20 EC Tax Review, Issue 5, pp. 208–210 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011024 |
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'Towards a Modern EU VAT System: Associating VIVAT and Electronic Invoicing', Michel Aujean, Issue 5, pp. 211–216 |
infoMichel Aujean, 'Towards a Modern EU VAT System: Associating VIVAT and Electronic Invoicing' (2011) 20 EC Tax Review, Issue 5, pp. 211–216 | | In spite of all traditional anti-fraud measures adopted these last few years, the carousel fraud is still there. Moreover, the risk is becoming high for honest traders of being involved in such fraudulent transactions and the consequences can be very damaging for them. Time has come to reconsider solutions that would eliminate what makes such fraud so attractive: breaking the VAT chain by zero-rating intra-EU supplies of goods (i.e., the possibility to buy goods without immediate payment of VAT). Viable Integrated VAT (VIVAT) is such a solution. Under that proposal, a common rate of VAT would apply to all Business-to-business (B2B) transactions within the EU, while Member States would retain the power to fix their VAT rate for final consumption. At the same time, it would offer a general remedy by eliminating differences of treatment of domestic and intra-EU transactions. But VIVAT is not enough to ensure the control of the chain of taxation and deduction, notably in cross-border trade. It should be completed by an extensive use of electronic invoicing and the reorganization of VAT administration and control on that base. This article explores such an approach to a modern VAT system for a trade-integrated area like the EU. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011025 |
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'The One-Stop-Shop Approach: A Discussion of the Administrative and Procedural Aspects of the CCCTB Draft Directive', Arjo van Eijsden, Issue 5, pp. 217–231 |
infoArjo van Eijsden, 'The One-Stop-Shop Approach: A Discussion of the Administrative and Procedural Aspects of the CCCTB Draft Directive' (2011) 20 EC Tax Review, Issue 5, pp. 217–231 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011026 |
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'Exchange of Information and the Free Movement of Capital between Member States and Third Countries', Erwin Nijkeuter, Issue 5, pp. 232–241 |
infoErwin Nijkeuter, 'Exchange of Information and the Free Movement of Capital between Member States and Third Countries' (2011) 20 EC Tax Review, Issue 5, pp. 232–241 | | In this article, the author discusses the scope of the freedom of capital movements between Member States of the European Union and third countries. According to the ECJ, restrictions of the freedom of capital movements between Member States and third countries can be justified to ensure 'the effectiveness of fiscal supervision'. Based on case law of the ECJ, the author discusses the relevant questions to adopt this justification as suitable and proportionate. An important factor in adopting the justification 'effectiveness of fiscal supervision' is the degree to which the Member State implementing the restriction has the opportunity to exchange information with the third country. The author, therefore, discusses the possibilities available for Member States to exchange information under EC law, bilateral tax treaties, TIEAs, etc. In the author's opinion, the Member States will - given the recent extended possibilities to exchange information - no longer be able to hide behind this justification. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011027 |
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'Taxation of Hybrid Entities under the Parent-Subsidiary Directive: The Example of the Netherlands', Ton Stevens, Gijs Fibbe, Issue 5, pp. 242–254 |
infoTon Stevens, Gijs Fibbe, 'Taxation of Hybrid Entities under the Parent-Subsidiary Directive: The Example of the Netherlands' (2011) 20 EC Tax Review, Issue 5, pp. 242–254 | | In this article, the application of the Parent-Subsidiary Directive in respect of hybrid entities is analysed by Prof. Ton Stevens and Dr Gijs Fibbe. A distinction is made between outbound and inbound situations. In outbound situations, Member States can differ of opinion on which is the profit-generating entity: the parent company or its hybrid subsidiary. In inbound situations, where a dividend is paid to a hybrid entity, Member States can differ of opinion about the question to whom the dividend is paid: the hybrid entity or its participants. The authors describe the explicit solution in outbound situations included in Article 4, paragraph 1a, of the Parent-Subsidiary Directive. For inbound situations, such explicit provision addressing hybrid entities is missing. The authors describe how according to them the Parent-Subsidiary Directive should be applied in respect of hybrid entities in inbound situations. After a thorough analysis, they describe why in their view Member States are, for purposes of the Parent-Subsidiary Directive, no longer autonomous in the tax classification and income allocation in respect of hybrid entities established in other Member States in inbound situations. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011028 |
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'The Tax Treatment of Network Contracts', Marco Vergani, Issue 5, pp. 255–258 |
infoMarco Vergani, 'The Tax Treatment of Network Contracts' (2011) 20 EC Tax Review, Issue 5, pp. 255–258 | | In April 2009, Italy adopted a law on the 'network contract', under the auspices of the Small Business Act (SBA), aimed at enhancing collaboration among enterprises to increase their potential for innovation, research, and development. This article provides a brief description of the essential elements of the network contract under Italian law as well as the fiscal measures introduced by Article 42 of Law Decree No. 78 of 31 May 2010 in order to support company networks. In conclusion, we will briefly examine the reasons why such fiscal measures were not considered a State aid by the European Commission. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011029 |
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ISSUE 6 | |
'Some Remarks on the Future of VAT', Han Kogels, Issue 6, pp. 260–262 |
infoHan Kogels, 'Some Remarks on the Future of VAT' (2011) 20 EC Tax Review, Issue 6, pp. 260–262 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011030 |
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'Cross-Border Loss Relief in the EU: Implications of Recent Developments in Germany Regarding Outbound Permanent Establishments', Ronald Gebhardt, Carsten Quilitzsch, Issue 6, pp. 263–272 |
infoRonald Gebhardt, Carsten Quilitzsch, 'Cross-Border Loss Relief in the EU: Implications of Recent Developments in Germany Regarding Outbound Permanent Establishments' (2011) 20 EC Tax Review, Issue 6, pp. 263–272 | | Even though the European Court of Justice (ECJ) had been forming the basic framework of cross-border relief of final losses in the EU, the issue was widely disputed among commentators. For this reason, the German Federal Finance Court (BFH) in 2010 had been given the chance to further concretize the concept of 'final losses'. The primary focus of the present article is to illustrate the BFH's ruling as well as to extract possible implications including tax planning opportunities. Implications contain comments on the criteria to constitute a final loss, since the BFH decided to differentiate between legal and de facto reasons. Once a loss has to be considered final, the question has to be answered when it is to be relieved (retroactive versus shifted approach). Eventually the authors discuss the matter on whether the concept of cross-border loss relief has to be applied to taxes following the principle of territoriality. The latter question is of utmost interest, as the BFH approved to deduct final losses not only from the domestic (corporate) income tax base but also from the German trade tax base. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011031 |
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'The Negative Harmonization Process of Losses in Foreign EU Subsidiaries: The Swedish Case', Anna Gerson, Issue 6, pp. 273–282 |
infoAnna Gerson, 'The Negative Harmonization Process of Losses in Foreign EU Subsidiaries: The Swedish Case' (2011) 20 EC Tax Review, Issue 6, pp. 273–282 | | Negative harmonization within the EU is an ongoing challenge that needs to be taken seriously. This is particularly evident in areas where it can be established that (legal) persons are faced with problems related to their cross-border activities and where there exist case law from the Court of Justice holding a key to a solution to the problem or at least parts of the problem. This is, for example, the case regarding the issue of treatment of losses in foreign group companies within the EU. Since the Marks & Spencer case, the negative integration process has evolved differently at the national level in Member States. Approximately a year ago, Sweden introduced new rules regarding compensation of terminal losses in foreign subsidiaries. The rules are a consequence of the case law from the Court of Justice but also from the Swedish Supreme Administrative Court. The legislative process as well as the interpretation of the matter by the Swedish national courts raises several questions related to the negative integration process within the EU that will be dealt with in this article. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011032 |
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'Energy Taxation at European Level: What does it do for the Environment and Sustainability?', Jolanda van Eijndthoven, Issue 6, pp. 283–290 |
infoJolanda van Eijndthoven, 'Energy Taxation at European Level: What does it do for the Environment and Sustainability?' (2011) 20 EC Tax Review, Issue 6, pp. 283–290 | | After an overview on the history of attempts to introduce an energy tax at European level, this article discusses how successful the current Energy Tax Directive is in respect of its environmental and sustainability objectives. Although the primary focus has been the proper functioning of the internal market, a reference to the EC Treaty requires it to integrate environmental protection requirements with a view to promote sustainable development. This article focuses primarily on the shortcomings of the Directive by discussing the tax treatment of the energy-intensive and cement industries and the transport and agricultural sectors, respectively, as well as the use of gas oil and heat and the derogations present in it. This article then turns to the new and long-awaited proposal from the Commission, adopted on 13 April 2011, and analyses to what extent the proposal remedies these 'shortcomings', and it discusses some of the new features that are supposed to bring the Directive more in line with the European Union (EU)'s energy and climate change objectives. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011033 |
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'The Ins and Outs of Classifying Turnover for VAT', Yves Bernaerts, Sandhya Nathoeni, Issue 6, pp. 291–304 |
infoYves Bernaerts, Sandhya Nathoeni, 'The Ins and Outs of Classifying Turnover for VAT' (2011) 20 EC Tax Review, Issue 6, pp. 291–304 | | This article provides a brief insight into various topics. As a starting point, it describes which transactions form an economic activity for value-added tax (VAT) and are therefore within the scope of VAT. This is then put into the context of the economic reality of a business, whereby is assessed how turnover should be classified and what the effect is for VAT of such classification. In a nutshell, classification as usual turnover leads to deduction of VAT based on the general deduction rules. The classification as unusual turnover should not have any impact on the deduction of a company. Detailed guidance and the relevant ECJ case law on how to classify turnover are provided in this article. The final section of this article describes what the VAT treatment is of the sales of shares in the context of classification of turnover as well as the related consequences for the deduction. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011034 |
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'Liechtenstein Tax Treaties: Ramifications on EEA-WHT Reclaims?', Christian Glewwe, Alexander Lindemann, Georg Wohlgemuth, Issue 6, pp. 305–309 |
infoChristian Glewwe, Alexander Lindemann, Georg Wohlgemuth, 'Liechtenstein Tax Treaties: Ramifications on EEA-WHT Reclaims?' (2011) 20 EC Tax Review, Issue 6, pp. 305–309 | | Aim of this article is to examine the possibility for Liechtenstein Investment Funds1 to apply for a refund of discriminatory withholding taxes before tax information exchange agreement (TIEA) or a double tax treaty (DTT) was concluded with the respective EU/EEA Member State. In the light of recent tax treaties such as the DTT with Germany just signed, based on decisions made by the European Court of Justice (ECJ) in the recent past, this article is analysing whether the restriction of capital movement between the EU/EEA Member States can be justified in case of Liechtenstein Investment Funds using a tax evasion argumentation. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0928-2750
ID: ECTA2011035 |
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