Archive for December, 2005

The ECJ delivers its verdict on United Kingdom group relief rules

Tuesday, December 13th, 2005

On 13 December the ECJ has rendered its judgment in C-446/03 Marks & Spencer. The court’s decision has been eagerly awaited by tax authorities and governments in all European Member States, as well as group companies themselves.
The ECJ has declared that the British tax regime governing groups of companies is incompliant with the freedom of […]

Council extends minimum standard VAT rate until 2010

Tuesday, December 13th, 2005

On 12 December 2005 the councel of the European Union agreed to extend the minimum standard VAT rate of 15% until the end of 2010. In this respect, a directive is adopted. Read more.

All you need to know about the notional interest deduction

Sunday, December 11th, 2005

What is the Notional Interest Deduction?
Which companies can benefit?
How is the deduction calculated?

Taxable profits and net assets
Corrections to the net assets
Risk-free interest rate
Order of deductions

What are the anti-abuse measures companies need to be aware of ?

General anti-abuse measure
Abuse of tax assets
Simulation

What is the Notional Interest Deduction?
After the European Commission declared the “co-ordination” regime a […]

German old rules on imputation system challenged in Meilicke case

Thursday, December 8th, 2005

Advocate General Tizanno has recently rendered his opinion in case C-292/04 Meilicke. The case concerns German tax legislation limiting the availability of tax credits on dividends distributed by companies established in Germany. Tax rules in question are similar to the tax rules examined by the ECJ in case C-319/02 Manninen.
The Advocate General found that […]

environmental investments in R&D and patents

Wednesday, December 7th, 2005

A new beneficial tax regime will be applied in Belgium regarding environmental investments in R&D and patents. The beneficial regime will consist of a tax credit which will even be refundable. This new system will have no real consequences since the beneficial regime which existed before will still be applicable and for the new system […]

Political agreement on reduced VAT rates coming up?

Tuesday, December 6th, 2005

Ministers will continue their discussion concerning the achievment of a political agreement on reduced VAT rates. The final aim is to find a balance between those Member States pressing for more national flexibility in this area and those that wish to restrict the scope of reduced rates across the EU. read the official press release. […]

projet d’amendement de certaines dispositions du Code des Droits et Procédures Fiscaux

Thursday, December 1st, 2005

le conseil des ministres a étudié un projet de loi élargissant le champs d’intervention des avocats en matière fiscale

European Commission proposes a new customs environment

Thursday, December 1st, 2005

The European Commission adopted two proposals to modernise the EU Customs Code and to introduce an electronic, paper-free customs environment in the EU. These proposal have as aim to increase the competitiveness of companies doing business in Europe, to reduce compliance costs and to improve EU security. read the press release.