European State Aid And Tax Rulings
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European State Aid And Tax Rulings
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Author : Liza Lovdahl Gormsen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
European State Aid And Tax Rulings written by Liza Lovdahl Gormsen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC’s enforcement action in recent tax ruling cases, in the area of state aid, respects the rule of law.
New Perspectives On Fiscal State Aid
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Author : Carla De Pietro
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-08-14
New Perspectives On Fiscal State Aid written by Carla De Pietro and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-14 with Law categories.
New Perspectives on Fiscal State Aid Legitimacy and Effectiveness of Fiscal State Aid Control Edited by Carla De Pietro Based on a project co-funded by the European Commission, this book focuses on fiscal state aid – an increasingly important topic – with a number of high-profile cases ongoing and with serious implications for sustainable growth and the future of the internal market. The project, conducted by four universities, consisted in seminars, workshops and a final conference aimed at training national tax judges from the four different countries involved (Austria, Belgium, Italy and the Netherlands), with discussion and reflection by international academics and other tax professionals who participated as speakers and/or discussants. This book presents an in-depth analysis of the topics the project dealt with, taking a giant step towards defining the connection between effective state aid control, its legitimacy and a desirable functioning of the internal market for the twenty-first century. The core elements of this fundamental analysis include the following: selectivity as applied in the case law of the Court of Justice; whether and to what extent state aid law limits European Union (EU) Member States in designing anti-tax avoidance measures; protection of legitimate expectations; to what extent national judges are required to apply state aid rules ex officio; powers of national judges in connection with the national obligation of guaranteeing an immediate and effective recovery on the basis of an order issued by the European Commission; and connection between legitimacy of state aid law and effectiveness of state aid control. The book includes a thorough investigation of the notion of fiscal state aid, also by focusing on the most recent decisions of the European Commission concerning mismatches. Representing, as it does, an important and concrete contribution to the intense debate about the interpretation of the notion of fiscal state aid, with different normative views about the goals and functions of control, this book will stimulate solutions in terms of legitimacy of fiscal state aid control that also take into consideration the most desirable functioning of the internal market. It will be welcomed not only by academics in taxation and EU law but also by national tax judges, tax authorities and practitioners.
Eu State Aid The Gibraltar Case
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Author : Eva-Maria Bauer
language : en
Publisher: GRIN Verlag
Release Date : 2016-11-30
Eu State Aid The Gibraltar Case written by Eva-Maria Bauer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-30 with Law categories.
Seminar paper from the year 2016 in the subject Law - Tax / Fiscal Law, grade: Sehr gut, Vienna University of Economics and Business (Institut für Österreichisches und Internationales Steuerrecht), course: Tax Law Seminar, language: English, abstract: Since the beginning of the economic and financial crisis harmful tax competition increased and therefore also public concern in regard to aggressive tax planning augmented. Many countries try to attract foreign capital by setting low corporate income taxes. For example in Ireland and in Cyprus there is a tax of 12.5 %. A lot of multinational companies use these tax systems to reduce their overall tax burden and so they choose a low-tax-country for incorporation. To mention the BEPS Action Plan, many actions aim at reducing aggressive tax practises and therefore reducing shifting profits in low-tax-countries. As there will be no way in near future to harmonize tax bases and tax rates within the European Union, the European Commission tries to restrict distorting tax competition by using EU State Aid rules. Therefore it does not focus on tax rates or policies as such, but on tax rulings for specific firms. The Commission stated that: “Under State aid rules, national authorities cannot take selective measures that allow certain companies to pay less in taxes than they should if the tax rules of the country were applied in a fair and non-discriminatory way.”
State Aid Law And Business Taxation
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Author : Isabelle Richelle
language : en
Publisher: Springer
Release Date : 2016-10-18
State Aid Law And Business Taxation written by Isabelle Richelle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-18 with Law categories.
This book is a compilation of contributions exploring the impact of the European Treaty provisions regarding state aid on Member States’ legislation and administrative practice in the area of business taxation. Starting from a detailed analysis of the European Courts’ jurisprudence on Art.107 TFEU the authors lay out fundamental issues – e.g. on legal concepts like “advantage”, “selectivity” and “discrimination” – and explore current problems – in particular policy and practice regarding “harmful” tax competition within the European Union. This includes the Member States’ Code of Conduct on business taxation, the limits to anti-avoidance legislation and the options for legislation on patent boxes. The European Commission’s recent findings on preferential “rulings” are discussed as well as the general relationship between international tax law, transfer pricing standards and the European prohibition on selective fiscal aids.
State Aid And Tax Competition
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Author : Saturnina Moreno González
language : en
Publisher:
Release Date : 2017
State Aid And Tax Competition written by Saturnina Moreno González and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
As part of the fight against tax elusion and harmful tax competition, the European Commission has used the versatility of the Community legislation on State aid to supervise the tax ruling practices of the Member States in relation to the aggressive tax planning strategies implemented by multinational groups. In this context the aim of this work is to analyse the interpretation given to the criteria of “economic advantage” and “selectivity” by the Commission in the decisions on certain tax ruling practices as State aid, highlighting the peculiarities of this interpretation as regards the traditional explication of these criteria generally invoked by the Commission. This work also studies some of the problems arising from these decisions from the perspective of aid recovery. Finally, it reflects on the suitability and the limits of the general prohibition of State aid in tackling the problem of base erosion and profit shifting.
The Impact Of Eu State Aid Measures On National Belgian Tax Rulings
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Author : G. De Neef
language : en
Publisher:
Release Date : 2016
The Impact Of Eu State Aid Measures On National Belgian Tax Rulings written by G. De Neef and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The European Union has recently been alert to the practice of state aid in the form of tax rulings. In this context the article considers the position of Belgium regarding its tax rulings practice.
State Aid And Tax Law
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Author : Alexander Rust
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-12-01
State Aid And Tax Law written by Alexander Rust and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with Law categories.
This book provides clear guidance on what constitutes State Aid in the area of tax law. It clearly explains the situations in which beneficial tax provisions for the taxpayer – e.g., lower tax rates for certain industries or for certain economic zones, advantageous depreciation rules, or exemptions – can be declared void by the European Commission. The difficult controlling concept of ‘selectivity’ of an aid is dealt with extensively. Drawing on familiarity with the practice of the Commission, as well as the jurisprudence of the General Court and of the Court of Justice, thirteen knowledgeable contributors present valuable arguments in case the Commission requires the repayment of advantages received. Among the topics and issues covered are the following: how unregulated tax incentive competition between States leads to a ‘win’ by one State and a ‘loss’ by another; the legal uncertainty attached to the Commission’s decision following notification of a proposed tax incentive; the role of the Commission’s Code of Conduct; calculating the amount of recovery of illegal State Aid; application of State Aid rules in the area of indirect taxation (e.g., VAT and excise duties); investment fund regimes; subnational regional aid; ‘patent box’ regimes; foreign source income; and taxpayers’ exclusion from infringement proceedings and subsequent appeals. Complete with case studies and analyses of the latest case law on selectivity, this invaluable resource will be welcomed by practitioners who, although they may be well-versed in tax law, are sure to benefit greatly from the authors’ expert guidance on State Aid provisions and the rules on harmful tax competition.
Eu State Aid Law And National Tax Rulings
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Author :
language : en
Publisher:
Release Date : 2015
Eu State Aid Law And National Tax Rulings written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This paper forms part of a series of analytical pieces on various key tax issues, prepared by Policy Department A at the request of the Special TAXE Committee. It sets out how tax rulings can be subject to state aid scrutiny if they lead to a beneficial tax treatment of a particular undertaking that is not in line with the normal application of national tax law. However, a deviation from national law in itself is not always an indicator of selective aid. As national law is the only relevant benchmark, the state aid regime is not designed to impose particular doctrines or best practices on the tax systems of Member States.
Fiscal State Aid Law And Harmful Tax Competition In The European Union
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Author : Dimitrios Kyriazis
language : en
Publisher: Oxford University Press
Release Date : 2023-08-22
Fiscal State Aid Law And Harmful Tax Competition In The European Union written by Dimitrios Kyriazis and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-22 with Law categories.
The intersection between fiscal state aid and taxation has become more topical than ever. Mounting financial crises have left EU Member States scrambling to increase their tax revenue, balance their budgets, and attract capital. Taking advantage of these trends, multinational enterprises have lobbied for favourable tax arrangements, raising questions about the breadth of control the Commission can and should practise. To address egregious instances of favourable taxation, the Commission has tried to simultaneously use soft law and deploy Treaty rules on state aid. Fiscal State Aid Law and Harmful Tax Competition in the EU examines the use of state aid rules against national tax measures. Kyriazis's book presents a targeted investigation of these measures in two parts. The first part addresses Commission decisions and ECJ judgments of the early 2000s, which the author calls the "first wave". The second part consists of all the recent Commission decisions and investigations into tax schemes and individual tax rulings, most notably the Apple, Fiat, Starbucks, and Amazon investigations, which Kyriazis labels the "second wave". The characteristics and common threads of each wave are set out, their similarities and differences dissected, and their nexus to the EU's fight against harmful tax competition explored. Containing a thorough analysis of the legal concept of fiscal state aid under Article 107(1) of the Treaty on the Functioning of the European Union, this book will be of interest to scholars of European and International Tax law and practitioners working in the field of European competition law.
Eu And Tax Rulings Five Shades Of Four State Aid Decisions
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Author : J.A. Garcia Bañuelos
language : en
Publisher:
Release Date : 2017
Eu And Tax Rulings Five Shades Of Four State Aid Decisions written by J.A. Garcia Bañuelos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This article discusses the European Commission's position on State aid based on the four final decisions that the European Court of Justice has issued so far: (1) State aid from Ireland implemented to Apple; (2) Excess profit exemption in Belgium; (3) State aid from the Netherlands to Starbucks; (4) State aid from Luxembourg granted to Fiat.