This document summarizes a presentation on eliminating obstacles to the mobility of small and medium enterprises (SMEs) within the European Union. It discusses the definition of SMEs, the treaty freedoms that promote mobility, national rules that create obstacles, and procedures for eliminating obstacles. Specific examples from Greece are provided, as well as trends in pending cases from 12 EU member states attacking various obstacles. The document also examines what constitutes an obstacle under EU law.
This document discusses State Aid under EU law. State Aid refers to assistance from Member State resources that distorts competition. It is prohibited under Article 107 TFEU, subject to exceptions under Articles 107(2) and 107(3). The European Commission reviews existing aid and can require states to alter or abolish aid that distorts competition. If states do not comply, the Commission can refer them to the European Court of Justice. State aid decisions can result in recovery orders requiring repayment of illegal aid over 10 years with interest. The document then discusses applications to tax, including tax rulings challenged by the Commission, and achieving certainty in state aid decisions going forward.
This document discusses the implications of the Kerckhaert-Morres case in the EU regarding double taxation and the lack of an internal consistency test. It also examines the US Supreme Court case Wynne v. Maryland, which established an internal consistency clause to prevent discriminatory tax schemes under the Commerce Clause. The document considers whether the EU should adopt a similar internal consistency test through legislative amendment or providing for a type of "Commerce Clause." Adopting such a test could help address issues of double taxation across EU member states.
The document discusses the implications of two court cases - Kerckhaert-Morres (2004) and Wynne v. Maryland (2015) - on policies regarding double taxation in the EU and US. Specifically, it examines whether the EU should adopt an "internal consistency test" like in the US to determine if parallel taxation schemes discriminate against interstate commerce. The Wynne case found that Maryland's tax system was internally inconsistent and operated as a tariff. Adopting such a test in the EU could help address concerns over double taxation between member states through legislative means. However, the ECJ and others have also looked to non-discrimination and OECD principles to resolve disputes over states' taxing rights.
Tax competition in the European Union involves countries reducing business and individual tax burdens to attract economic activity and tax bases from other nations. While some see this as harmful, others argue it efficiently allocates investment. The EU has tried to curb harmful tax competition through measures like the code of conduct on business taxation and state aid rules. Cross-border shopping of lower-taxed goods in some countries like Luxembourg is also a form of tax competition, though advanced harmonization has limited it for indirect taxes. Overall, the EU faces challenges in balancing tax sovereignty with limiting harmful tax competition.
This document discusses State Aid under EU law. State Aid refers to assistance from Member State resources that distorts competition. It is prohibited under Article 107 TFEU, subject to exceptions under Articles 107(2) and 107(3). The European Commission reviews existing aid and can require states to alter or abolish aid that distorts competition. If states do not comply, the Commission can refer them to the European Court of Justice. State aid decisions can result in recovery orders requiring repayment of illegal aid over 10 years with interest. The document then discusses applications to tax, including tax rulings challenged by the Commission, and achieving certainty in state aid decisions going forward.
This document discusses the implications of the Kerckhaert-Morres case in the EU regarding double taxation and the lack of an internal consistency test. It also examines the US Supreme Court case Wynne v. Maryland, which established an internal consistency clause to prevent discriminatory tax schemes under the Commerce Clause. The document considers whether the EU should adopt a similar internal consistency test through legislative amendment or providing for a type of "Commerce Clause." Adopting such a test could help address issues of double taxation across EU member states.
The document discusses the implications of two court cases - Kerckhaert-Morres (2004) and Wynne v. Maryland (2015) - on policies regarding double taxation in the EU and US. Specifically, it examines whether the EU should adopt an "internal consistency test" like in the US to determine if parallel taxation schemes discriminate against interstate commerce. The Wynne case found that Maryland's tax system was internally inconsistent and operated as a tariff. Adopting such a test in the EU could help address concerns over double taxation between member states through legislative means. However, the ECJ and others have also looked to non-discrimination and OECD principles to resolve disputes over states' taxing rights.
Tax competition in the European Union involves countries reducing business and individual tax burdens to attract economic activity and tax bases from other nations. While some see this as harmful, others argue it efficiently allocates investment. The EU has tried to curb harmful tax competition through measures like the code of conduct on business taxation and state aid rules. Cross-border shopping of lower-taxed goods in some countries like Luxembourg is also a form of tax competition, though advanced harmonization has limited it for indirect taxes. Overall, the EU faces challenges in balancing tax sovereignty with limiting harmful tax competition.
The document discusses double taxation that can occur between EU member states and compares this to the US Commerce Clause. It summarizes two key court cases:
1) Kerckhaert-Morres (2004) case where the ECJ ruled that double taxation resulting from parallel taxing powers of EU states did not violate EU treaties.
2) Wynne v. Maryland (2015) case where the US Supreme Court ruled Maryland's tax scheme resulted in unconstitutional double taxation under the Commerce Clause.
It concludes by discussing potential solutions for the EU to address double taxation, such as an EU commerce clause, tax authority, or multilateral treaty, as current reliance on bilateral treaties has not fully solved the issue
The document discusses double taxation issues arising from two court cases - Kerckhaert-Morres (2004) in the EU and Wynne v. Maryland (2015) in the US. In Kerckhaert-Morres, the European Court of Justice ruled that double taxation resulting from parallel taxing by EU member states does not violate the EU Treaty. However, in Wynne v. Maryland, the US Supreme Court found that Maryland's tax scheme resulted in unconstitutional double taxation under the US Commerce Clause. The document considers whether the EU should adopt an internal consistency test similar to the one used in the US to restrict double taxation based on a European Commerce Clause.
This document summarizes Yariv Brauner's analysis of some transfer pricing aspects of the OECD's Base Erosion and Profit Shifting (BEPS) initiative. Brauner notes that BEPS was a response to media exposure of multinational enterprises not paying enough tax. However, he is skeptical that the OECD-led process can adequately address the political and technical challenges involved in reforming international tax rules. In particular, Brauner argues that the BEPS action items do not fully address issues around transferring intangibles and risks among related parties or the need to move beyond an arm's length standard in some cases. He concludes that the BEPS project lacks accountability, disregards new issues
This webinar covered deferred prosecution agreements and bribery/corruption enforcement in the UK and worldwide. It discussed the UK Bribery Act and investigations by the UK Serious Fraud Office, including the first prosecutions of individuals and a company under the Act. It also summarized the new deferred prosecution agreement process in the UK and notable agreements, fines, and convictions of companies and individuals for foreign bribery in the UK. Attendees were invited to ask any questions.
The document discusses three EU directives that will fundamentally change the international tax environment: 1) the Directive on Administrative Cooperation in taxation will increase exchange of information between countries; 2) the 4th Anti-Money Laundering Directive strengthens regulations around beneficial ownership and increases transparency; 3) the Directive on Mandatory Disclosure of aggressive tax planning will require disclosure of potentially abusive tax schemes.
Lawyer in Vietnam Dr. Oliver Massmann DOING BUSINESS IN VIETNAMDr. Oliver Massmann
This document provides an overview of Duane Morris, a law firm with offices around the world including Vietnam, and discusses investing and Vietnam's legal system. It summarizes Vietnam's economy in 2018, the forms of investing in Vietnam including establishing entities and business cooperation contracts, and provides highlights of Vietnam's tax system and incentives for foreign investment.
Exchange on request, automatic exchange of financial account information and TRACE (Treaty Relief and Compliance Enhancement), spontaneous exchange of rulings, country-by-country reporting, voluntary disclosure programmes.
Session by Achim Pross, Head, International Co-operation and Tax Administration Division, OECD Centre for Tax Policy and Administration and Monica Bhatia, Head, Secretariat of the Global Forum on Transparency and Exchange of Information for Tax Purposes, Meeting of the OECD Parliamentary Group on Tax, 19 Oct 2015
Lawyer in Vietnam Oliver Massmann Transfer Pricing in Mergers and Acquisitio...Dr. Oliver Massmann
The document discusses transfer pricing issues that arise in mergers and acquisitions (M&A) in Vietnam. Specifically, it notes that if the agreed transfer price in an acquisition is less than the book value of the seller's equity, the licensing authority may refuse to approve the acquisition. It also discusses unclear tax regulations regarding capital gains tax on offshore acquisitions. This lack of clarity creates uncertain financial obligations for investors and can impact deal timelines. The document recommends harmonizing interpretations of transfer pricing and clarifying regulatory frameworks on tax liabilities from M&A transactions in Vietnam.
Presentation discussed during the October 18th 2019 meeting of the International Tax Centre, Singapore. BEPS project, Pillar 1 analysis, the Italian situation and the steps taken at EU level
Voluntary Partnership Agreements (VPAs) are legally binding bilateral trade agreements between the EU and timber exporting countries to tackle illegal logging. VPAs define legality, establish a Legality Assurance System for verifying legal timber, and require independent audits. Developing and implementing VPAs is a complex process that requires extensive stakeholder participation and consensus building between negotiating parties. While VPAs require significant resources, they can help improve forest governance, define joint action against illegal logging, and strengthen cooperation between governments and civil society.
The document discusses the history and key aspects of the UK Bribery Act of 2010. It traces the origins of the Act back to the impeachment of Warren Hastings in the late 18th century. The Act established the toughest anti-corruption laws in the world, criminalizing bribery of foreign and domestic officials. It has near universal jurisdiction and harsh penalties like 10 years imprisonment. While there have been few prosecutions so far, the Act has implications for Australian companies with UK ties who may need to comply. Voluntary compliance is recommended as it can be integrated into existing fraud prevention and brings competitive advantages to organizations.
AEOI - FATCA-CRS Your Foundation in a Changing World (1)Julia Kramer
1) The document discusses FATCA and CRS regulations which require financial institutions to implement new procedures to maintain compliance with international tax reporting standards.
2) Thomson Reuters' ONESOURCE AEOI Reporting & Documentation solution aims to simplify tax compliance processes and reduce the resource requirements for organizations.
3) The solution provides tools to help organizations comply with FATCA, CRS, and other global tax reporting regulations through features such as managing client documentation, streamlining reporting, and facilitating the collection and validation of tax forms.
CFC Rules in Ukraine: Legislative Changes (EBA-Asters Legal School)Asters
The document summarizes recent changes to Ukraine's controlled foreign corporation (CFC) rules and beneficial ownership concepts. It discusses how countries are taking a more sophisticated approach and requiring more economic substance to claim tax treaty benefits. Recent court cases in Russia examined the concept of beneficial ownership and actual recipient of income. The document also outlines amendments made to Ukraine's double tax treaty with Cyprus, including reduced withholding tax rates on dividends, interest, and royalties but also expanding capital gains tax in some cases.
China's transfer pricing system has developed significantly in recent years. The key points are:
1) China established its transfer pricing legal framework in 1991 and strengthened the laws in 2007, adopting the arm's length principle.
2) Transfer pricing audits were initially focused on tangible goods but now include intangibles, services, and equity shares. Guidelines were issued in 2009 and audit cases have increased annually.
3) Bilateral and multilateral APAs have been signed to provide certainty, with the first report issued in 2010. A "three in one" anti-avoidance system was created involving administration, services, and investigation.
4) Special considerations for Chinese factors include location savings, market premium,
this is uploaded by Mukhdoom waseem qureshi advocate high court Lahore pakistan who is the CEO of Ideal Legal Consultants. for more inoformation you can contact through E-mail or cell: Waseem_qureshi@hotmail.com.cell+92-321-4288000
www.idea
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
The document discusses double taxation that can occur between EU member states and compares this to the US Commerce Clause. It summarizes two key court cases:
1) Kerckhaert-Morres (2004) case where the ECJ ruled that double taxation resulting from parallel taxing powers of EU states did not violate EU treaties.
2) Wynne v. Maryland (2015) case where the US Supreme Court ruled Maryland's tax scheme resulted in unconstitutional double taxation under the Commerce Clause.
It concludes by discussing potential solutions for the EU to address double taxation, such as an EU commerce clause, tax authority, or multilateral treaty, as current reliance on bilateral treaties has not fully solved the issue
The document discusses double taxation issues arising from two court cases - Kerckhaert-Morres (2004) in the EU and Wynne v. Maryland (2015) in the US. In Kerckhaert-Morres, the European Court of Justice ruled that double taxation resulting from parallel taxing by EU member states does not violate the EU Treaty. However, in Wynne v. Maryland, the US Supreme Court found that Maryland's tax scheme resulted in unconstitutional double taxation under the US Commerce Clause. The document considers whether the EU should adopt an internal consistency test similar to the one used in the US to restrict double taxation based on a European Commerce Clause.
This document summarizes Yariv Brauner's analysis of some transfer pricing aspects of the OECD's Base Erosion and Profit Shifting (BEPS) initiative. Brauner notes that BEPS was a response to media exposure of multinational enterprises not paying enough tax. However, he is skeptical that the OECD-led process can adequately address the political and technical challenges involved in reforming international tax rules. In particular, Brauner argues that the BEPS action items do not fully address issues around transferring intangibles and risks among related parties or the need to move beyond an arm's length standard in some cases. He concludes that the BEPS project lacks accountability, disregards new issues
This webinar covered deferred prosecution agreements and bribery/corruption enforcement in the UK and worldwide. It discussed the UK Bribery Act and investigations by the UK Serious Fraud Office, including the first prosecutions of individuals and a company under the Act. It also summarized the new deferred prosecution agreement process in the UK and notable agreements, fines, and convictions of companies and individuals for foreign bribery in the UK. Attendees were invited to ask any questions.
The document discusses three EU directives that will fundamentally change the international tax environment: 1) the Directive on Administrative Cooperation in taxation will increase exchange of information between countries; 2) the 4th Anti-Money Laundering Directive strengthens regulations around beneficial ownership and increases transparency; 3) the Directive on Mandatory Disclosure of aggressive tax planning will require disclosure of potentially abusive tax schemes.
Lawyer in Vietnam Dr. Oliver Massmann DOING BUSINESS IN VIETNAMDr. Oliver Massmann
This document provides an overview of Duane Morris, a law firm with offices around the world including Vietnam, and discusses investing and Vietnam's legal system. It summarizes Vietnam's economy in 2018, the forms of investing in Vietnam including establishing entities and business cooperation contracts, and provides highlights of Vietnam's tax system and incentives for foreign investment.
Exchange on request, automatic exchange of financial account information and TRACE (Treaty Relief and Compliance Enhancement), spontaneous exchange of rulings, country-by-country reporting, voluntary disclosure programmes.
Session by Achim Pross, Head, International Co-operation and Tax Administration Division, OECD Centre for Tax Policy and Administration and Monica Bhatia, Head, Secretariat of the Global Forum on Transparency and Exchange of Information for Tax Purposes, Meeting of the OECD Parliamentary Group on Tax, 19 Oct 2015
Lawyer in Vietnam Oliver Massmann Transfer Pricing in Mergers and Acquisitio...Dr. Oliver Massmann
The document discusses transfer pricing issues that arise in mergers and acquisitions (M&A) in Vietnam. Specifically, it notes that if the agreed transfer price in an acquisition is less than the book value of the seller's equity, the licensing authority may refuse to approve the acquisition. It also discusses unclear tax regulations regarding capital gains tax on offshore acquisitions. This lack of clarity creates uncertain financial obligations for investors and can impact deal timelines. The document recommends harmonizing interpretations of transfer pricing and clarifying regulatory frameworks on tax liabilities from M&A transactions in Vietnam.
Presentation discussed during the October 18th 2019 meeting of the International Tax Centre, Singapore. BEPS project, Pillar 1 analysis, the Italian situation and the steps taken at EU level
Voluntary Partnership Agreements (VPAs) are legally binding bilateral trade agreements between the EU and timber exporting countries to tackle illegal logging. VPAs define legality, establish a Legality Assurance System for verifying legal timber, and require independent audits. Developing and implementing VPAs is a complex process that requires extensive stakeholder participation and consensus building between negotiating parties. While VPAs require significant resources, they can help improve forest governance, define joint action against illegal logging, and strengthen cooperation between governments and civil society.
The document discusses the history and key aspects of the UK Bribery Act of 2010. It traces the origins of the Act back to the impeachment of Warren Hastings in the late 18th century. The Act established the toughest anti-corruption laws in the world, criminalizing bribery of foreign and domestic officials. It has near universal jurisdiction and harsh penalties like 10 years imprisonment. While there have been few prosecutions so far, the Act has implications for Australian companies with UK ties who may need to comply. Voluntary compliance is recommended as it can be integrated into existing fraud prevention and brings competitive advantages to organizations.
AEOI - FATCA-CRS Your Foundation in a Changing World (1)Julia Kramer
1) The document discusses FATCA and CRS regulations which require financial institutions to implement new procedures to maintain compliance with international tax reporting standards.
2) Thomson Reuters' ONESOURCE AEOI Reporting & Documentation solution aims to simplify tax compliance processes and reduce the resource requirements for organizations.
3) The solution provides tools to help organizations comply with FATCA, CRS, and other global tax reporting regulations through features such as managing client documentation, streamlining reporting, and facilitating the collection and validation of tax forms.
CFC Rules in Ukraine: Legislative Changes (EBA-Asters Legal School)Asters
The document summarizes recent changes to Ukraine's controlled foreign corporation (CFC) rules and beneficial ownership concepts. It discusses how countries are taking a more sophisticated approach and requiring more economic substance to claim tax treaty benefits. Recent court cases in Russia examined the concept of beneficial ownership and actual recipient of income. The document also outlines amendments made to Ukraine's double tax treaty with Cyprus, including reduced withholding tax rates on dividends, interest, and royalties but also expanding capital gains tax in some cases.
China's transfer pricing system has developed significantly in recent years. The key points are:
1) China established its transfer pricing legal framework in 1991 and strengthened the laws in 2007, adopting the arm's length principle.
2) Transfer pricing audits were initially focused on tangible goods but now include intangibles, services, and equity shares. Guidelines were issued in 2009 and audit cases have increased annually.
3) Bilateral and multilateral APAs have been signed to provide certainty, with the first report issued in 2010. A "three in one" anti-avoidance system was created involving administration, services, and investigation.
4) Special considerations for Chinese factors include location savings, market premium,
this is uploaded by Mukhdoom waseem qureshi advocate high court Lahore pakistan who is the CEO of Ideal Legal Consultants. for more inoformation you can contact through E-mail or cell: Waseem_qureshi@hotmail.com.cell+92-321-4288000
www.idea
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
The document is the lyrics to the song "Yankee Doodle", describing various scenes involving Yankee Doodle and other characters. It tells of Yankee Doodle riding into town on a pony and putting a feather in his cap, visiting a military camp with Captain Gooding and seeing men and boys thick as chocolate pudding, and seeing a large pumpkin being fired like cannon. It also mentions Captain Washington and wanting to take ribbons from a hat to give to Jemima.
The short story is about a man who gets lost in the desert while on a hike. With no water or supplies, he struggles to find his way out of the vast desert as the sun beats down on him. After walking for miles in the scorching heat, he finally sees a road in the distance and makes his way toward it, hoping it will lead him to safety and rescue from the desert that had threatened to claim his life.
This document summarizes a panel discussion on energy efficiency opportunities. The panelists were Melissa Aho from Ultra Geothermal, Inc., Jack Bingham from Seacoast Energy Alternatives, Inc., and Paul Button from Energy Audits Unlimited, LLC. They discussed how energy audits identify savings opportunities, geothermal heat pumps that can reduce costs by 60%, solar electric and hot water systems, and the many ways homeowners can incrementally save energy through various upgrades and technologies. The panel encouraged attendees to get an energy audit done and consider all renewable options to find the best fit for lowering energy costs.
How to Kill Japanese Knotweed Using Low Volume Foam HerbicideJohn Lampe
This was a presentation at the 2014 Upper Midwest Invasive Species Conference. It discusses the use of a low drift, foam herbicide system, a novel technique for controlling knotweeds and other plants. The system was developed by Green Shoots, LLC, http://www.greenshootsonline.com/newsite/default.aspx.
Girdling Trees to Create Snags and Coarse Wood Debris and to Improve Wildlife...John Lampe
Girdling trees and creating snags (dead, standing trees) is a great way to thin woodlots. We discuss how to do this with and without herbicide. Research indicates snags and coarse woody debris - all forms of dead wood - are vital to wildlife. The techniques for girdling trees include both mechanical girdles where the phloem layer is completely removed with a hatchet or other implement and chemical girdling where an herbicide is applied to the girdle. Some trees such as aspen can be girdled without using herbicides. Some trees such as red pine are tougher to kill and require applying an herbicide into the cuts. Another way to create a snag is to cut off all the branches. This method works for most conifers but won't work for most deciduous trees.
The document outlines how to sell energy efficiency services to customers. It recommends starting with an energy audit to identify savings opportunities, then discussing efficiency upgrades and renewable energy options. Key messages for customers include emphasizing lower costs, comfort, and environmental benefits. Selling techniques stress focusing on customers' needs, building trust through expertise and references, and giving choices rather than yes/no questions.
The document discusses the growing use of web services by financial institutions and credit unions. It notes that around 10-12% of financial institutions offered web account opening in 2010, but that number is expected to grow significantly in coming years. The document also outlines some of the key benefits of web services for credit unions, including increased growth, efficiency gains, cost reductions, and the ability to better serve younger members and gain new members through convenient online services. It provides an example of one credit union that was able to triple its mortgage volume with only a two-person staff by implementing a web-based application process.
Este documento apresenta uma coletânea de artigos sobre a história do saber lexical e a constituição de um léxico brasileiro. A primeira seção trata da história dos dicionários portugueses e brasileiros, analisando sua relação e o papel na normatização do português do Brasil. A segunda seção examina a incorporação de termos de origem africana e indígena no léxico brasileiro, com base em registros lexicográficos e estudos especializados. A terceira seção aborda conceitos e tecnologias relacion
Este documento describe el propósito y contenido de un módulo de doctrina bolivariana para estudiantes. El propósito es promover una formación integral de los estudiantes basada en los principios constitucionales venezolanos, considerando el liderazgo y trabajo en equipo. El módulo cubre la historia y evolución de la independencia de Venezuela, incluyendo documentos y figuras clave como Simón Bolívar, Ezequiel Zamora y Hugo Chávez.
Brush Killer: Why Is Foam Herbicide So Effective on Brush?John Lampe
Why is Green Shoots foam herbicide such an effective brush killer? This presentation explains why. As shown, there are 3 primary reasons Green Shoots Foam Herbicide is so effective: First, foam herbicide is highly precise; second, foam herbicide clings tenaciously to the target plant; and third, foam herbicide dries slowly allowing the herbicide to fully absorb into target weed. We also provide you with examples of different kinds of brush that can be effectively killed with foam herbicide.
My presentation about an European Court of Justice Case about thin capitalization in UK. After analyzing the facts and the fiscal and economic aspects of the operation, the presentation gives the point of view of both the UK Government and the ECJ about the fiscal regime of Thin Cap in UK. The decision of the Court is against UK Thin Cap, since the fiscal regime represents a restriction in the freedom of establishment for non-UK resident parent companies deciding where to establish a subsidiary.
Selected issues on beneficial ownership from the OECD and the EUInfotropic Media
Презентация с международной налоговой конференции «Жизнь после Кипра: налоговый апгрейд» (taxconference.ru)
Сессия 1: Еврооблигации и бенефициарная собственность: современная российская и международная практика
The document discusses the European Union's efforts to establish the free movement of capital within its single market. It outlines the legal framework developed including directives on cross-border payments, credit transfers, and taxes. Exceptions to free movement relate to public security, health or privatization deals. Oversight bodies like OLAF combat fraud and money laundering. Overall, free movement of capital has increased prosperity while requiring ongoing cooperation between members.
- The document summarizes recent tax law developments in the European Union. Key points include:
- EU Member States agreed on rules to tackle "hybrid mismatches" between tax structures of EU and non-EU countries. This will impact many existing corporate structures.
- The Netherlands Supreme Court referred preliminary questions to the EU Court of Justice regarding whether denying refunds of dividend withholding tax to non-resident investment funds discriminates against them compared to Dutch funds.
- The EU Court of Justice ruled that a non-resident individual receiving 60% of income in the Netherlands should be allowed to deduct losses from a property in their country of residence, Spain, from their Dutch taxable income.
The Q&A gives a high level overview of merger control, regulatory framework and regulatory authorities, relevant triggering events and thresholds in Cyprus. It also covers notification requirements, procedures and timetables, publicity and confidentiality, third party rights, substantive test, remedies, penalties, appeals, joint ventures and proposals for reform.
This document summarizes recent developments regarding private damages actions and collective redress in EU antitrust cases. It discusses the EU Damages Directive, which took effect in 2014 to encourage private damages claims for competition law violations. It also describes amendments made to EU regulations to ensure consistency with the Directive, a German court case on funding collective litigation vehicles, and a new UK law introducing opt-out collective actions.
Presentation delivered during the 8th edition of the International conference on tax law, at the Université Laval, Québec (convenor, Professor André Lareau.
As keynote speaker of the event, I discussed the recent development in the field of Taxpayers' Fundamental Rights protection comparing the European situation with the Canadian one.
This document summarizes a presentation on the repayment of direct taxes paid contrary to EU law. It discusses the Greek rules for tax repayment, which allow for reimbursement within 3 years or a damages lawsuit with a 5-year limit. However, these rules may not fully comply with EU law principles of effectiveness and legal protection. The EU requires member states to ensure taxpayers can obtain repayment when taxes were unlawfully collected. This may require extending time limits or allowing alternative remedies to ensure taxpayers have a genuine opportunity to claim their rights under EU law. The presentation analyzes options like extending Greece's 3-year limit to ensure it complies with these EU law principles.
2012 - TIA Tax Forum - Promoter penalty regime - How the ATO is applying it i...Bruce Collins
The document outlines the Australian Tax Office's (ATO) application of promoter penalty laws. It discusses how the ATO differentiates risk levels of tax intermediaries and applies different compliance approaches. Areas of focus for penalties include schemes exploiting deductions, employment arrangements, financial products, and mortgage structuring. The ATO encourages reporting potential tax avoidance schemes to protect the integrity of Australia's tax system.
2012 - TIA Tax Forum - Promoter penalty regime - How the ATO is applying it i...Bruce Collins
The document outlines the Australian Tax Office's (ATO) application of promoter penalty laws. It discusses how the ATO differentiates risk levels of tax intermediaries and applies various compliance approaches. Areas of focus for penalties include schemes exploiting deductions, employment arrangements, financial products, and mortgage structuring. The ATO encourages reporting potential tax avoidance schemes to protect the integrity of Australia's tax system.
Problem practices in Competition Law - Presentation to CMA AcademyNicolas Petit
This presentation addresses the issue of the gap practices, that do not facially fall fould of the classic antitrust prohibitions (eg, planned obscolescence, shrouding, IP tracking, etc.). It adresses the issue of default legal instruments, such as Section V of the FTC act. A paper on this is in the making.
1) The document discusses the C-255/02 Halifax case, in which the European Court of Justice ruled that denying input VAT deductions constitutes an abuse of rights if the transactions were carried out solely to obtain a tax advantage.
2) It notes debates around how to define and apply the abuse of rights principle in EU law, particularly regarding harmonized areas like VAT versus fundamental freedoms.
3) Domestic courts have begun citing Halifax to incorporate an anti-abuse principle directly from EU law, even in non-harmonized sectors, which some argue could violate principles of strict legality.
The Dawn of a General Anti Avoidance Rule: the Italian ExperienceUniversity of Ferrara
Italy has recently introduced a GAAR in its tax system. While the wording of the clause is not original, considering the experience the other countries might have about it, it is the context in which the provision shall operate that arose the interest of the firs commentators.
The article considers is particular the ways in which it will be arguably applied, taking into account the similar (although tailor-made) regulations that address the phenomenon, and that that have not been repealed by it. Treaty based, EU inspired, special law enacted clauses are still there and may potentially collide with the GAAR, making the overall outcome unpredictable for the Interpreter and for the taxpayer as well.
This document provides an overview of EU insolvency law frameworks and summarizes a presentation on international insolvency law and cases. Specifically:
1. It outlines the various EU directives and regulations that govern different aspects of cross-border insolvency proceedings, including the EU Insolvency Regulation.
2. It describes the goals of the EU Insolvency Regulation as establishing international jurisdiction, uniform conflict-of-law rules, and coordination of cross-border insolvency proceedings.
3. It summarizes key cases like Daisytek that deal with determining the center of main interests of a debtor and jurisdiction in cross-border insolvencies.
Extra-Territorial Income Case - Vincenzo RisoVincenzo Riso
1) The document discusses the US-Extraterritorial Income case at the WTO regarding the US FSC Repeal and Extraterritorial Income Exclusion Act.
2) The Act provided an exclusion from taxable income for "extraterritorial income" derived from export sales, but the EU argued this constituted an illegal export subsidy.
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Direct Taxation: Eliminating the Obstacles to the mobility of SMEs wihin the EU; the Greek experience and EU trends
1. 2 October 2009AVRIO net meeting Athens
1
Direct TaxationDirect Taxation
Eliminating the obstacles to theEliminating the obstacles to the
mobility of SMEs within the EU:mobility of SMEs within the EU:
the Greek experience and EUthe Greek experience and EU
trendstrends
Katerina Perrou
2. 01/28/15AVRIO net meeting Athens
2
Introduction - AgendaIntroduction - Agenda
A. General
– Definition of SMEs
– EC Treaty freedoms that promote Mobility
– National rules that create Obstacles
– Procedure for the Elimination of obstacles
B. Specific examples from the Greek experience
– Preliminary rulings
– Infringement procedures
C. EU trends: ECJ pending cases attacking
obstacles
– Various Member States
3. 01/28/15AVRIO net meeting Athens
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Definition of SMEsDefinition of SMEs
Recommendation 2003/361/EC – legally secure
and user friendly definition in order to avoid
distortions
Criterion: economic strength measured by size
and independence
Size: (a) headcount ceilings and (b) financial
ceilings
Independence: not part of larger groupings that
benefit from a stronger economic backing than
genuine SMEs (less than 25% of capital or
voting rights)
4. 01/28/15AVRIO net meeting Athens
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Definition of SMEsDefinition of SMEs
Enterprise Category Headcount Turnover or Balance Sheet total
Medium - sized < 250 ≤ € 50 million ≤ € 43 million
small < 50 ≤ € 10 million ≤ € 10 million
micro < 10 ≤ € 2 million ≤ € 2 million
5. 01/28/15AVRIO net meeting Athens
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Why are SMEs important?Why are SMEs important?
2. Importance of SMEs for the EU
they represent around 99% of all
enterprises in the EU
they provide around 65 million jobs
they contribute to entrepreneurship and
innovation
6. 01/28/15AVRIOnet Athens Meeting
6
Mobility of SMEs within the EUMobility of SMEs within the EU
2. The EC Treaty Freedoms guarantee
MOBILITY of SMEs within the EU
- There are 4+1 Fundamental freedoms
- Goods
- Services - Direct Effect
- Persons - Rights for the companies
- Capital - Obligations for MS
- (Residence – inherent in the free movement of
persons)
7. Free Movement of PersonsFree Movement of Persons
Obligations for both the Origin (Home) State and
the Host State:
“Freedom of establishment aims to guarantee
the benefit of national treatment in the host
Member State, by prohibiting any
discrimination based on the place in which
companies have their seat”
“Acceptance of the proposition that the M S of
residence may freely apply different treatment
merely by reason of the fact that the registered
office of a company is situated in another
Member State would deprive Article 52 of the
Treaty of all meaning (Truck Center, C-282/07)01/28/15AVRIO net meeting Athens
7
8. Free Movement of PersonsFree Movement of Persons
- Freedom to choose the appropriate legal form in
which to pursue activities: branch or subsidiary:
“The freedom of establishment would be
deprived of all its meaning if companies of other
MS establishing themselves in France in the form
of an agency or a branch could be treated
differently on the basis of their nationality
(Avoir Fiscal, C-270/83; CLT-UFA, C-253/03)
01/28/15AVRIO net meeting Athens
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9. Free movement of personsFree movement of persons
- Not hindering the establishment in another
MS (origin state) [exit taxes]:
The freedom of establishment prohibits the
MS of origin from hindering the
establishment of one of its own nationals
in another MS
(Lasteyrie de Saillant, C-9/02)
01/28/15AVRIO net meeting Athens
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10. Relationship between theRelationship between the
Fundamental FreedomsFundamental Freedoms
Relationship between the Fundamental
Freedoms: NO general rule of precedence
“When a national measure relates to more than
one freedoms, which of the freedoms is
affected and which one prevails over the other
has to be considered on a case by case basis”
(Fidium Finanz, C-52/04)
01/28/15AVRIO net meeting Athens
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11. Relationship between theRelationship between the
Fundamental FreedomsFundamental Freedoms
Once the applicable freedom is identified,
normally
“it is not needed to examine the measure in
the light of another freedom, since if there
are any restrictions, such restrictions are a
direct consequence of the applicable
freedom, to which they are inextricably
linked”
Golden Shares, C-282/04
01/28/15AVRIO net meeting Athens
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12. Freedom of Establishment andFreedom of Establishment and
Free Movement of CapitalFree Movement of Capital
Relationship between the Freedom of
Establishment and the Free movement of
Capital:
- Definite influence over the company’s
activities / control or management of a
company (Baars, C-251/98)
- Sole shareholder: freedom of establishment
(Asscher, C-107/94)
01/28/15AVRIO net meeting Athens
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13. Freedom of Establishment andFreedom of Establishment and
Free Movement of CapitalFree Movement of Capital
- Portfolio holdings: holdings that do not result
in the control or management of the company
>> free movement of capital (CFC, C-201/05)
- Third country nationals: always free
movement of capital (Holboeck, C-15705), as
freedom of establishment does not apply to
non-EU persons
01/28/15AVRIO net meeting Athens
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14. 01/28/15AVRIO net meeting Athens
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What constitutes an obstacle?What constitutes an obstacle?
Sea-Land Service (NL), C-430 and 431/99:
“ None the less the VTS system at issue in the main
proceedings, in that it requires the payment of a
tariff by sea-going vessels longer than 41 meters
is liable to impede or render less attractive the
provisions of those services to which the levy
applies and therefore constitutes a restriction on
their free circulation”.
This means that ANY and EVERY tax is an
obstacle?
15. What constitutes an obstacle?What constitutes an obstacle?
- Discrimination: directly based on
nationality
- The application of different rules to
comparable situations and
- The application of the same rule to different
situations
Futura, C-250/95: Luxembourg rules of
evidence that applied indiscriminately to both
residents and nonresidents
01/28/15AVRIO net meeting Athens
15
16. - Distinction: measures that result in covert or
indirect discrimination (criterion is not
nationality): a Luxembourg rule that made
“the refund of excess tax withheld on income
conditional on permanent residency within a
MS constitutes a covert form of discrimination
contrary to the free movement of workers”
(Biehl, C-175/88)
What constitutes an obstacle?What constitutes an obstacle?
17. What constitutes an obstacle?What constitutes an obstacle?
- Measures without distinction that make
free movement less attractive:
“legislation containing a number of elements
liable to dissuade individuals from taking
out and insurance companies from offering
insurance is contrary to the freedom to
provide services” (Jessica Safir, C-118/96)
– in this case the Swedish measure was
designed to take away discrimination,
yet…
01/28/15AVRIO net meeting Athens
17
18. What constitutes an obstacle?What constitutes an obstacle?
Disparities are not obstacles!
“If unequal treatment is due to differences of
the tax systems between the MS, it results
from a disparity for which EC law is not
concerned - Schempp (D), C-403/03
Adverse consequences of the application of
the same tax rule to both domestic and
cross-border situations that result from the
parallel exercise by two MS of their fiscal
sovereignty (Kerckhaert-Morres (B), C-
513/04)
01/28/15AVRIO net meeting Athens
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19. 01/28/15AVRIO net meeting Athens
19
How to get rid of ObstaclesHow to get rid of Obstacles
A. “Automatic”
i. Positive integration – limited in direct
taxation
ii. Member States initiatives
B. “Forced”
Two available mechanisms:
i. Preliminary rulings (Art. 234 EC-)
i. National courts’ role
ii. Result: negative integration
20. How to get rid of ObstaclesHow to get rid of Obstacles
“Forced” – (cont.)
ii. Infringement procedures (Art. 226 EC)
- Action of the Commission on its own
initiative or after a complaint
- Three stages of Infringement Procedure:
- Letter of Formal Notice (first written warning)
- Reasoned Opinion (final written warning)
- Case referred to the ECJ
01/28/15AVRIO net meeting Athens
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21. 01/28/15AVRIO net meeting Athens
21
B. The Greek Experience - 1B. The Greek Experience - 1
A. Preliminary rulings – 2 cases
i. Royal bank of Scotland plc; C – 311/97
i. The incompatible rule: Banks that had their seat in
Greece were taxed at 35% whereas branches of foreign
Banks established in Greece were taxed at 40%
ii. The Court’s decision (29-4-99): this rule constitutes a
discrimination incompatible with the freedom of
establishment
iii. Compliance (law 2836/2000): ITC was amended – all
SAs taxed at 35%; effect: 30-9-2000.
22. The Greek Experience - 2The Greek Experience - 2
i. Athinaiki Zythopoiia; C- 294/99
i. The incompatible rule: When distributing
tax-free income, the Greek subsidiary
suffered a withholding tax that did not
apply in cases the profits were retained
by the sub.
ii. The Court’s decision (4-10-2001): Such
withholding was deemed contrary to the
PSD 90/435/EC.
iii. Compliance: The domestic provisions
have NOT been amended; no-one is
interested or wrong decision? 01/28/15
22
23. The Greek Experience - 3The Greek Experience - 3
B. Infringement procedures – 3 cases
i. Capital duty (Dir 69/335/EEC); C-178/05
ii. The Incompatible rules: Greece levied capital duty
in cases of transfer of the real seat of a company in
another MS; it also granted a tax exemption to
shipping companies.
iii. The Court’s decision (7-6-2007): the Greek rules
are incompatible with the Capital duty Directive
iv. Compliance: Greece failed to comply with C-
178/05 and a second infringement was opened in
January 2009. It finally complied in May 2009
(law 3763/2009). 01/28/15
23
24. The Greek Experience - 4The Greek Experience - 4
ii. Taxation of Inbound Dividends; C-406/07
i. The incompatible rule: Domestic dividends
are tax exempt whereas inbound dividends
received by individuals are taxed according
to the individual progressive tax rates
ii. The Courts decision (23-4-2009): Less
favorable treatment of inbound dividends
makes it less attractive for Greek residents
to invest in foreign companies.
iii. Compliance (law 3697/2008): as from 1-1-
2009 all dividends are taxed at 10%.
01/28/15AVRIO net meeting Athens
24
25. The Greek Experience - 5The Greek Experience - 5
iii. Taxation of Foreign Partnerships; C-406/07
i. The incompatible rule: Greek partnerships are
taxed at a rate of 20% whereas foreign
partnerships established in Greece are taxed at
25%
ii.The Court’s decision (23-4-2009): The higher
tax rate that applies to branches of foreign
partnerships constitutes less favorable
treatment liable to dissuade partnerships
established in other MS from pursuing
economic activities in Greece through a
branch
01/28/15AVRIO net meeting Athens
25
26. The Greek Experience - 6The Greek Experience - 6
iii. Compliance (law 3763/2009): As from 1-1-2009
branches of foreign partnerships that are
established in Greece are taxed in the same way
as Greek partnerships, under the condition that
the foreign partnership’s nature is substantially
similar to the nature of Greek partnerships.
01/28/15AVRIO net meeting Athens
26
27. C. EU Trends – Pending casesC. EU Trends – Pending cases
Currently pending: cases from 12 MS
- Austria - Italy
- Belgium - Netherlands
- France - Poland
- Germany - Portugal
- Greece - Spain
- Hungary - UK
01/28/15AVRIO net meeting Athens
27
28. Hot TopicsHot Topics
1. Dividend taxation: Austria, Belgium, France, Germany, Spain
2. Depreciation rates for buildings: Germany (2 cases)
3. Immovable property taxes (acquisition, registration): Belgium,
France, Hungary and Greece
4. Deductibility of non-domestic expenses: School Fees (Italy),
Social Security levies: Hungary, Poland, Foreign losses
(Germany)
5. Capital duty directive: UK, Poland
6. Credit or Exemption Method? Austria
7. Transfer pricing rules: Belgium
8. Group taxation: Netherlands
9. Interest payments: Spain
10. Exit taxation: Spain
29. 1. Austria1. Austria
C-70/09: Hengartner and Gasser – Art. 43 EC – is
the carrying on of hunting, if the person licensed
to hunt sells the shot wildlife within the country
concerned a self employed activity within the
meaning of Art. 43 EC, even if that activity is not
intended to make an overall profit?
C-436/437/09: Haribo – Art.56 EC - credit
or exemption method for inbound
dividends from portfolio investments?
01/28/15AVRIO net meeting Athens
29
30. 2. Belgium2. Belgium
C-250/08: Comm v. Belgium - Art. 18, 43,
56 EC - Flemish house registration tax –
relief for Flemish house registration tax
only if previous house in Flanders.
C-307/08: Comm v. Belgium – Art. 56 EC,
43 EC - refusal of credit for withholding
tax levied on inbound dividends – foreign
dividends are taxed more heavily than
domestic dividends
C-311/08: Societe de gestion industrielle
(SGI) – Art. 43 EC, 56EC – transfer
pricing rules 01/28/15AVRIO net meeting Athens
30
31. 3. France3. France
C-72/09: Etablissments Rimbaud – Art. 40
EEA – 3% tax on the market value of
immovable property situated in France –
exemption for companies situated in France –
exemption under conditions for companies
situated in EEA (non-EU)
C-310/09: Accor: Art. 43 and 56 EC –
dividends taxation
01/28/15AVRIO net meeting Athens
31
32. 4. Germany4. Germany
C-510/08: Mattner – Art. 39 EC, 43 EC, 56 EC -
gift tax allowance for nonresidents lower than
gift tax allowance for residents
C-244/09: Comm. v. Germany - buildings
abroad – free movement of capital – Art. 56 EC
– higher percentages of depreciation for building
situated in Germany than for buildings situated
abroad
C-262/09: Meilicke (2nd) – Art. 56 EC
(dividends)
C-35/08: Busley/Cibrian: - Art.56 – limited
deductibility of losses abroad and different
depreciation rates 01/28/15
32
33. 5. Greece5. Greece
C-155/09: Comm. v. Greece: Art. 18 EC, 39 EC,
43 EC, 12 EC - real estate transfer tax for the
acquisition of first residential real estate in
Greece – exemption under stricter conditions for
residents of EU nationality – no exemption for
nonresidents of EU nationality
01/28/15AVRIO net meeting Athens
33
34. 6. Hungary6. Hungary
C-253/09: Comm. v. Hungary: Art. 18 EC, 39
EC, 43 EC - Discriminatory tax provisions
concerning the duty levied on the purchase of
residential property – the value of the previous
property sold is not taken into account if not in
Hungary
C-96/08: CIBA: Art. 43 and 48 EC; companies
established in Hungary have to pay vocational
training levy on the total amount of wage costs
(Hungary and abroad) although social security
obligations are satisfied in the host state
01/28/15AVRIO net meeting Athens
34
35. 7. Italy7. Italy
C-172/08: Pontina Ambiente – regional levy on
waste disposal sites (ecotax)
C-56/09: Zanotti – deductibility of tuition fees
abroad
01/28/15AVRIO net meeting Athens
35
36. 8. Netherlands8. Netherlands
C-337/08: X Holding – Art. 43 EC, 48 EC –
cross-border group taxation – group taxation
rules only apply if all members of the group are
companies of the same State
C-352/08: Zwijnenburg – Merger directive in
connection with scheme to avoid NL property
transfer tax – must the benefits of the directive be
withheld from a taxpayer when a series of legal
transactions is aimed at preventing the levying of
a tax other than those taxes to which the benefits
set out in that directive relate? Abuse
01/28/15
36
37. 8. Netherlands – cont.8. Netherlands – cont.
C-440/08: Gielen – Art.43 – foreign
taxable person taxed in the NL – the rule is
indeed making a distinction contrary to art
43 EC – BUT the taxable person had the
opportunity to opt to be treated as
domestic taxable person and did do so for
reasons of his own
01/28/15AVRIO net meeting Athens
37
38. 9. Poland9. Poland
C-314/08: Filipiak: – Art. 43 -
deductibility of compulsory social
security contributions only if paid based
on provisions of polish legislation
C-441/08: Elektrownia Patnow – capital
duty directive – loans converted into
shares – transition – the loans were taxed
before the accession, the conversion takes
place after the accession
01/28/15AVRIO net meeting Athens
38
39. 10. Portugal10. Portugal
C-105/08: Comm. v. Portugal: Art 49 EC
(services), 56 EC – outbound interest payments -
higher taxation of interest for mortgage from
foreign banks – discrimination of foreign banks
C-20/09: Comm. v. Portugal: Discriminatory
2005 tax amnesty legislation (RERT) - Art. 56
EC – Rule: penalty of 5% on the value of the
investment – penalty of only 2,5% if the funds
were reinvested in Portuguese government bonds
01/28/15AVRIO net meeting Athens
39
40. 11. Spain11. Spain
C-153/08: Comm. v. Spain: Art. 49 EC –
freedom to provide services - discriminatory tax
treatment on some foreign lottery winnings –
certain domestic lottery winnings are exempt
from taxation – the exemption does not apply to
non-Spanish lottery winnings
C-487/08: Comm. v. Spain: Art. 43 EC
(establishment ), 56 EC (capital) - outbound
dividends – withholding tax on dividends
received by foreign shareholders higher than tax
due by residents
01/28/15AVRIO net meeting Athens
40
41. 11. Spain – cont.11. Spain – cont.
C-269/09, Comm. v. Spain: exit tax
provisions for individuals
01/28/15AVRIO net meeting Athens
41
42. 12. UK12. UK
C-569/07: HSBC – Capital duty – [Art. 43
EC, (49 EC – N/A according to
Mengozzi), 56 EC (primarily applicable)] -
StampDutyReserveTax rules (tax on
clearance services) – contrary to the
capital duty directive
01/28/15AVRIO net meeting Athens
42
Judgment of Oct.1st
, 2009: the rule is
contrary to the Capital Duty Directive
WSJ: Effective yesterday UK Govt
wont apply 1,5% SDRT