Skip to the content

Articles

France and Germany agree on a common position paper on EU CCCTB

On June 19, 2018, German Finance Minister Olaf Scholz and his French counterpart Bruno Le Maire issued a common position paper on the European Commission’s proposal for a Common Corporate Tax Base (CCTB). The position paper, which suggests a number of modifications to the proposed measures, aims at fostering the current discussions on the CCTB Directive at EU level and encourage a timely adoption by all Member States of the initiative.

Corporate tax compliance - Prepayments and corporate tax returns due dates

As the first half of 2018 is coming to its end, it is time to look forward to the tax opportunities and challenges. The coming second installment of prepayments is an opportunity for every company in a tax paying position, whereas the timely filing of tax returns and local files can also be a challenge.

CJEU decision in the Fidelity Funds case regarding Denmark’s withholding tax on dividends paid to foreign investment funds

On June 21, 2018, the Court of Justice of the European Union (CJEU) rendered its decision in the Fidelity Funds case (C-480/16), concerning the compatibility with EU law of the Danish withholding tax on dividends distributed to non-resident investment funds. The Court concluded that the Danish legislation is contrary to the free movement of capital.

CJEU decision in the Bevola case on Danish rules on cross-border loss relief

On June 12, 2018, the Court of Justice of the European Union (CJEU) rendered its decision in the Bevola and Jens W. Trock case (C-650/16) concerning the compatibility with EU law of the Danish rules on the deductibility of losses from foreign permanent establishments, firstly in cases where the taxpayer did not elect to apply for the Danish international joint taxation scheme and secondly where the ‘Marks & Spencer exception’ applies, i.e. losses are considered final. The CJEU concluded that the Danish legislation is contrary to the freedom of establishment and clarified the applicability of the ‘Marks & Spencer exception’, leaving it however to the referring court to assess whether this is the case in the circumstances at hand.

New Mandatory Disclosure Requirements for Intermediaries and Taxpayers to enter into force on June 25, 2018

On June 5, 2018, Advocate General (AG) Paolo Mengozzi of the Court of Justice of the European Union (CJEU) published his opinion in the X-GmbH case (C-135/17). The case concerns the derogation from the prohibition on restrictions to the free movement of capital with non-EU countries (also referred to as the ‘Standstill Clause’), and its application to the German controlled foreign company (CFC) rules. The AG considered that the German rules are in line with EU law, as they fall within the scope of the Standstill Clause and that the restriction to the free movement of capital may in any case be justified by the need to guarantee the balanced allocation of powers to tax and the effectiveness of fiscal supervision.

 

Legislation repairing corporate tax reform submitted to Parliament

The federal government has submitted draft legislation to Parliament which already modifies the corporate tax reform that was only enacted at the end of last year.

AG Opinion in the X-GmbH case on German CFC rules in the light of the Standstill clause

On June 5, 2018, Advocate General (AG) Paolo Mengozzi of the Court of Justice of the European Union (CJEU) published his opinion in the X-GmbH case (C-135/17). The case concerns the derogation from the prohibition on restrictions to the free movement of capital with non-EU countries (also referred to as the ‘Standstill Clause’), and its application to the German controlled foreign company (CFC) rules. The AG considered that the German rules are in line with EU law, as they fall within the scope of the Standstill Clause and that the restriction to the free movement of capital may in any case be justified by the need to guarantee the balanced allocation of powers to tax and the effectiveness of fiscal supervision.

CJEU decision in the Hornbach Baumarkt case on German transfer pricing adjustment provisions

On May 31, 2018, the Court of Justice of the European Union (CJEU) rendered its decision in the Hornbach Baumarkt case (C 328/16). The case deals with German legislation, according to which the income of a German taxpayer resulting from its business relationships with non-resident related companies is adjusted, as far as the relationships are not in line with the arm’s length principle, whereas such adjustment is not made in the case of business relationships between German related companies. In line with the Advocate General’s Opinion in the case at hand, the Court decided that the German rules in question are not, in principle, contrary to the freedom of establishment.

Nederland kondigt alsnog overgangsregeling aan voor spoedmaatregelen fiscale eenheid

In de februari-editie van deze nieuwsbrief berichtten wij u over de inwerkingtreding van de spoedreparatiemaatregelen naar aanleiding van het oordeel van het Europese Hof van Justitie (‘HvJ’) over de toepassing van de per-elementbenadering en de fiscale eenheid vennootschapsbelasting. Wij verwijzen naar deze eerdere berichtgeving en beperken ons hier tot de reactie van de Nede ...

België wijzigt beleid betreffende de beoordeling van het toepasselijke socialezekerheidsregime

Europese Verordening 883/2004 (‘de Verordening’) bevat regels die aanwijzen welke lidstaat bevoegd is voor het innen van bijdragen en het verlenen van socialezekerheidsrechten. Deze regels hebben ten doel werknemers die zich binnen de Europese Unie verplaatsen onder de socialezekerheidsregeling van (slechts) één lidstaat te brengen. Op grond van de Verordening dient in het gev ...