This case concerns the UK’s legislation on Controlled Foreign Corporations or CFCs.  This legislation provides that, under certain conditions, a resident company can be taxed on the profits of a foreign subsidiary as they arise. The conditions are: -    the CFC is a foreign company in which the resident company owns a holding of more […]

Mr. N., sole shareholder of three Dutch ltd.’s, moves from the Netherlands to the United Kingdom in the course of 1997. Pursuant to Dutch income tax regulations, Mr. N. has by that action disposed of his participations and will be taxed on the gains. Mr. N., though, uses the possibility to get a suspension of […]

Within the Finnish group relief system, it’s possible, under certain conditions, to make financial transfers within a group that are tax deductible for the distributor and taxable income for the recipient. This way, losses can be offset against profits within the same group of corporations. Transfers are possible in all directions, from parent company […]

The autonomous region of Azores is part of Portugal’s overseas territories where EC Law in principle applies, even though Art. 299 (2) EC Treaty permits taking into account factors like remoteness, insularity or dependence on a few products. As all these factors apply in the case of the Azores, jeopardizing the development of the local […]

An Italian charitable non-profit foundation (Stauffer) is the proprietor of commercial premises in Munich, but pursues no other activities in Germany. The services ancillary to the rental of that commercial property are provided by a German property management agent.
A foundation with the same characteristics as the Stauffer foundation would normally be exempt from corporation tax […]

In answer to a parliamentary question, the Belgian Minister of Finance declared that if certain requirements are met, the input- VAT related to the decontamination of industrial sites can be deducted.
In order to determine whether input VAT paid over decontamination costs of polluted sites is deductible, one needs to determine a direct and immediate relation […]

In its battle against VAT evasion and VAT fraud, the Belgian government has adopted a Program Bill that includes not only a new ‘anti-abuse’ provision, but also a new joint liability for directors/managers in case of repeated default of VAT due.
In its circular of 24 August 2006, the Belgian VAT administration has clarified the concepts […]

Opinion of Advocate General, 3 October 2006, Case C-522/04, Commission of the European Communities v. Kingdom of Belgium
In his opinion of today, Advocate General STIX-HACKL has concluded that a number of Belgian tax provisions relating to life insurance contracts are contrary to EC law. The Belgian tax provisions include:

Article 59 of the BITC (Belgian Income […]