EU Tax Law – Direct Taxation 2022
Paperback Engels 2022 9789087227906Samenvatting
This book investigates in detail the EU law norms that are relevant from the perspective of direct taxes.
Why this book?
This book is a handy reference tool for tax practitioners, judiciaries, tax administrations and university students alike. Its structure allows quick and easy access to essential information and facilitates a better understanding of the direct tax issues of EU tax law.
EU tax law substantially impacts the domestic tax laws of the EU Member States and the way in which those laws should be interpreted and applied. The effect of EU tax law on national legislation is becoming increasingly complex. Today, anyone working with or interested in tax law or tax planning is confronted with EU tax law issues.
The 2022 edition of EU Tax Law – Direct Taxation provides a clear picture of the EU law norms that are relevant from the perspective of direct taxes. It explains how these norms are, and should be, interpreted and how they affect national tax laws and the tax treatment in EU Member States. The book describes the legal remedies available against tax treatment that is in conflict with EU law.
The study begins with a comprehensive overview of the basic principles and concepts of EU tax law and relevant articles of the Treaty on the Functioning of the European Union, analysing them in the light of direct tax case law. A discussion follows covering relevant EU directives and recommendations and other soft law material on direct taxes. Reference is made to all relevant judgments of the EU Court on direct taxes. The book includes a chapter on the tax treatment of the different EU entity forms and the future of corporate taxation. A separate chapter is dedicated to the EU law issues related to transfer pricing and to the EU law norms on administrative cooperation in tax matters. An extensive bibliography is included that directs the reader to further material on the topic.
Specificaties
Lezersrecensies
Geef uw waardering
Inhoudsopgave
Abbreviations and Terms xix
Chapter 1: EU Tax Law as Part of the Legal System 1
1.1. Concepts 1
1.2. Relation to other legislation 3
1.3. Primary law 12
1.4. Secondary law 21
1.5. International conventions 28
1.6. Harmful tax competition and forbidden state aid 37
1.7. Elimination of international double taxation 48
1.8. Interpretation of EU law 58
Chapter 2: Non-Discrimination and Basic Freedoms 63
2.1. Discrimination based on nationality 63
2.2. Basic freedoms 72
2.3. Justifications for discrimination or restrictions 153
Chapter 3: Corporate Tax Directives 177
3.1. EU Parent-Subsidiary Directive 177
3.2. EU Interest-Royalty Directive 205
3.3. EU Merger Directive 233
3.4. Anti-Tax Avoidance Directive 272
Chapter 4: EU Company Forms and the Future of Corporate Taxation 303
4.1. Introduction 303
4.2. European Company and European Cooperative Society 304
4.3. European Economic Interest Grouping 316
4.4. Future of corporate taxation in the European Union 318
Chapter 5: Transfer Pricing 325
5.1. Relevance 325
5.2. Code of Conduct on transfer pricing documentation 327
5.3. Advance pricing agreements 336
5.4. Arbitration Convention 348
Chapter 6: Mutual Assistance and Recovery of Tax Claims 377
6.1. Directive on Administrative Cooperation 377
6.2. Recovery Directive 419
Chapter 7: Legal Remedies 433
7.1. National legal remedies 433
7.2. Tax treaties 438
7.3. Dispute Resolution Mechanisms Directive 439
7.4. EU Court 463
7.5. Effects of EU Court judgments 472
References 479
Index 581
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