{"title":"On Prohibition of Abuse of Law as a General Principle of EU Law","authors":"R. de la Feria","doi":"10.54648/ecta2020042","DOIUrl":"https://doi.org/10.54648/ecta2020042","url":null,"abstract":"","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44524760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2021, the VAT rules for e-commerce will change. As a result, virtually all supplies of goods to private individuals will be subject to VAT in the EU Member State of arrival of the goods. The declaration of VAT on distance sales of goods originating from third countries or third territories will be simplified under the Import One-Stop-Shop (I-OSS). It is also possible to make use of an exemption on import under that scheme. This simplified scheme will be attractive to both honest traders and fraudsters. In this contribution Madeleine Merkx examines the complications of this new system. E-commerce, distance selling, VAT, customs, one stop shop, importation, platform, liability, customs controls, fraud
{"title":"New VAT Rules for E-Commerce: The Final Countdown Has Begun","authors":"Madeleine Merkx","doi":"10.54648/ecta2020046","DOIUrl":"https://doi.org/10.54648/ecta2020046","url":null,"abstract":"In 2021, the VAT rules for e-commerce will change. As a result, virtually all supplies of goods to private individuals will be subject to VAT in the EU Member State of arrival of the goods. The declaration of VAT on distance sales of goods originating from third countries or third territories will be simplified under the Import One-Stop-Shop (I-OSS). It is also possible to make use of an exemption on import under that scheme. This simplified scheme will be attractive to both honest traders and fraudsters. In this contribution Madeleine Merkx examines the complications of this new system.\u0000E-commerce, distance selling, VAT, customs, one stop shop, importation, platform, liability, customs controls, fraud","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44875933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In December 2017, the European Union published for the first time a list of non-cooperative jurisdictions for tax purposes aiming at creating a dynamic tool in the battle against tax avoidance, whilst promoting worldwide tax good governance. This article aims to examine the efficiency of this blacklist through analysing the process followed for its compilation and the particular objectives that the EU wanted to achieve through this initiative. The main focus will be on categorizing the blacklisted countries and on finding the rationale behind each jurisdiction’s inclusion. However, after analysing the cases of the jurisdictions that are included in the list, questions will be raised over the efficiency and adequacy of the EU blacklist as a tool against tax evasion and avoidance. The fact that the creation of the blacklist can be characterized as a political process driven by specific interests and subject to the states’ power imbalances tarnishes its effectiveness and covers its positive externalities. Tax havens, EU blacklist, BEPS, Tax transparency, Preferential Tax Regimes, data leaks, defensive measures, information exchange, fair taxation, golden visas
{"title":"The European Union’s List of Non-Cooperative Jurisdictions for Tax Purposes","authors":"Alexandra Koutsouva","doi":"10.54648/ecta2020045","DOIUrl":"https://doi.org/10.54648/ecta2020045","url":null,"abstract":"In December 2017, the European Union published for the first time a list of non-cooperative jurisdictions for tax purposes aiming at creating a dynamic tool in the battle against tax avoidance, whilst promoting worldwide tax good governance. This article aims to examine the efficiency of this blacklist through analysing the process followed for its compilation and the particular objectives that the EU wanted to achieve through this initiative. The main focus will be on categorizing the blacklisted countries and on finding the rationale behind each jurisdiction’s inclusion. However, after analysing the cases of the jurisdictions that are included in the list, questions will be raised over the efficiency and adequacy of the EU blacklist as a tool against tax evasion and avoidance. The fact that the creation of the blacklist can be characterized as a political process driven by specific interests and subject to the states’ power imbalances tarnishes its effectiveness and covers its positive externalities.\u0000Tax havens, EU blacklist, BEPS, Tax transparency, Preferential Tax Regimes, data leaks, defensive measures, information exchange, fair taxation, golden visas","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43970950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Member States had to have implemented the anti-earnings stripping rules by 1 January 2019. In this article these rules are evaluated from an economic and EU law perspective. The author concludes that the rules are probably not in breach of EU law because they are implemented without distinction between domestic and cross border situations. In addition there is little room to assess rules which are the result of (full) harmonization. Nevertheless some risks exist in particular with regard to the interaction between the group regimes and the earning stripping rules and the design of the standalone exception. An important drawback of the earnings stripping rules is the risk of double taxation. This could have been avoided by the EU legislator. Earnings stripping rules, EBITDA, interest, thin capitalization rules, manifest error, ATAD-Directive, Equity escape, BEPS, Minimum standard
{"title":"Evaluation of the Earnings Stripping Rules","authors":"S. Stevens","doi":"10.54648/ecta2020044","DOIUrl":"https://doi.org/10.54648/ecta2020044","url":null,"abstract":"Member States had to have implemented the anti-earnings stripping rules by 1 January 2019. In this article these rules are evaluated from an economic and EU law perspective. The author concludes that the rules are probably not in breach of EU law because they are implemented without distinction between domestic and cross border situations. In addition there is little room to assess rules which are the result of (full) harmonization. Nevertheless some risks exist in particular with regard to the interaction between the group regimes and the earning stripping rules and the design of the standalone exception. An important drawback of the earnings stripping rules is the risk of double taxation. This could have been avoided by the EU legislator.\u0000Earnings stripping rules, EBITDA, interest, thin capitalization rules, manifest error, ATAD-Directive, Equity escape, BEPS, Minimum standard","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47293293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In order to facilitate tax relief to deal with the ramifications of the Corona virus, the European Commission temporarily eased the EU’s state aid framework. This contribution will provide a first glance of some of the tax-related measures taken both within and outside of the scope of state aid rules. Their range is wide, from tax filing and payment deferrals to changes to personal and corporate income taxes, VAT and property taxes. Some Member States still struggle with the remaining requirements not to provide tax advantages (other than deferrals) to companies already in financial difficulty before the COVID-19 lockdowns and with handling fiscal years ending after 2020. As for umbrella aid schemes that do not yet specify which measures will be taken but just serve to get approval based on a certain budget, the author suggests to provide a block exemption to reduce the need for prior notification to the Commission. Once government efforts to deal with sudden income loss, liquidity and solvency issues move to stimulating economic recovery, other policy objectives (like the Green Deal) might also enter the equation when companies apply for financial support. COVID-19, Corona, State aid, Tax relief, Tax advantage, Tax deferral, Financial difficulty, European Union
{"title":"EU Fiscal State Aid Rules and COVID-19: Will One Survive the Other?","authors":"R. Luja","doi":"10.54648/ecta2020043","DOIUrl":"https://doi.org/10.54648/ecta2020043","url":null,"abstract":"In order to facilitate tax relief to deal with the ramifications of the Corona virus, the European Commission temporarily eased the EU’s state aid framework. This contribution will provide a first glance of some of the tax-related measures taken both within and outside of the scope of state aid rules. Their range is wide, from tax filing and payment deferrals to changes to personal and corporate income taxes, VAT and property taxes. Some Member States still struggle with the remaining requirements not to provide tax advantages (other than deferrals) to companies already in financial difficulty before the COVID-19 lockdowns and with handling fiscal years ending after 2020. As for umbrella aid schemes that do not yet specify which measures will be taken but just serve to get approval based on a certain budget, the author suggests to provide a block exemption to reduce the need for prior notification to the Commission. Once government efforts to deal with sudden income loss, liquidity and solvency issues move to stimulating economic recovery, other policy objectives (like the Green Deal) might also enter the equation when companies apply for financial support.\u0000COVID-19, Corona, State aid, Tax relief, Tax advantage, Tax deferral, Financial difficulty, European Union","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43076147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"E-commerce, VAT and Customs: Challenges and Opportunities Ahead","authors":"Thomas Potma, Esther G. Bakker","doi":"10.54648/ecta2020039","DOIUrl":"https://doi.org/10.54648/ecta2020039","url":null,"abstract":"","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46452913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The current article has two main ‘centres of gravity’. First, it proposes a critical description of the primary points of the European Council Directive known as the ‘DAC 6’ for which the deadline for transposition into the domestic legislation of the Member States is rapidly approaching at the time of this writing. The description is contextualized in the findings of the Base Erosion and Profit Shifting (BEPS) Project. Subsequently, the authors address some of the main points raised by scholars and commentators with regard to its contents, especially the possibility that the mandatory disclosure rules clash with the professional privilege of certain tax advisors, the principle against self-incrimination, or the risk that it will initiate a ‘race to the bottom’ in the sanctioning powers to be exercised by Member States. Administrative cooperation, Mutual Assistance, DAC 6, Directive 2011/16/EU, Directive 2018/822/EU, Professional Privilege, Self-Incrimination, European Convention on Human Rights, Penalties System, Race to the Bottom
{"title":"The ‘DAC 6’ and Its Compatibility with Some of the Founding Principles of the European Legal System(s)","authors":"Andrea Ballancin, Francesco Cannas","doi":"10.54648/ecta2020038","DOIUrl":"https://doi.org/10.54648/ecta2020038","url":null,"abstract":"The current article has two main ‘centres of gravity’. First, it proposes a critical description of the primary points of the European Council Directive known as the ‘DAC 6’ for which the deadline for transposition into the domestic legislation of the Member States is rapidly approaching at the time of this writing. The description is contextualized in the findings of the Base Erosion and Profit Shifting (BEPS) Project. Subsequently, the authors address some of the main points raised by scholars and commentators with regard to its contents, especially the possibility that the mandatory disclosure rules clash with the professional privilege of certain tax advisors, the principle against self-incrimination, or the risk that it will initiate a ‘race to the bottom’ in the sanctioning powers to be exercised by Member States.\u0000Administrative cooperation, Mutual Assistance, DAC 6, Directive 2011/16/EU, Directive 2018/822/EU, Professional Privilege, Self-Incrimination, European Convention on Human Rights, Penalties System, Race to the Bottom","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47945245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Belgian Constitutional Court is a court of law watching over the observance of the Constitution by the legislative authorities of Belgium. It has the power to annul, to declare unconstitutional and suspend laws, decrees and ordinances infringing on important titles and articles of the Constitution, including some pertaining to taxation. 1 Annulment judgments have absolute binding force (erga omnes) from the moment they are published in the Belgian Official Journal. Such annulment has in principle retroactive effect, which means that the annulled act must be deemed never to have existed. This also applies when the Constitutional Court annuls a tax law. Unlike in most other countries with a Constitutional Court, an ex nunc effect of an annulment judgment was not considered sufficient in Belgium. From the outset, the Belgian (special) legislator has been aware that the retroactive annulment can have farreaching consequences for legal certainty. To address this, he has conferred on the Constitutional Court the power to identify – ‘if it judges this necessary’ – ‘by general decision, those consequences of the annulled provisions which should be considered as being maintained or being provisionally maintained for the period it sets’. The Constitutional Court makes frequent use of this power also in tax matters. In doing so, the Court not only upheld the effects that had already occurred before the delivery of the judgment, but sometimes also allowed later effects, for example up to the end of the current calendar year or until the legislator has restored the legislative gap, which would arise from the annulment.
{"title":"European Law Restrictions on the Temporal Effect of National Judicial Decisions: The Case of the Belgian Constitutional Court","authors":"Bruno Peeters","doi":"10.54648/ecta2020036","DOIUrl":"https://doi.org/10.54648/ecta2020036","url":null,"abstract":"The Belgian Constitutional Court is a court of law watching over the observance of the Constitution by the legislative authorities of Belgium. It has the power to annul, to declare unconstitutional and suspend laws, decrees and ordinances infringing on important titles and articles of the Constitution, including some pertaining to taxation. 1 Annulment judgments have absolute binding force (erga omnes) from the moment they are published in the Belgian Official Journal. Such annulment has in principle retroactive effect, which means that the annulled act must be deemed never to have existed. This also applies when the Constitutional Court annuls a tax law. Unlike in most other countries with a Constitutional Court, an ex nunc effect of an annulment judgment was not considered sufficient in Belgium. From the outset, the Belgian (special) legislator has been aware that the retroactive annulment can have farreaching consequences for legal certainty. To address this, he has conferred on the Constitutional Court the power to identify – ‘if it judges this necessary’ – ‘by general decision, those consequences of the annulled provisions which should be considered as being maintained or being provisionally maintained for the period it sets’. The Constitutional Court makes frequent use of this power also in tax matters. In doing so, the Court not only upheld the effects that had already occurred before the delivery of the judgment, but sometimes also allowed later effects, for example up to the end of the current calendar year or until the legislator has restored the legislative gap, which would arise from the annulment.","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45275005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Qualitative Requirements of Tax Law, Three Recent Judgments of the ECtHR","authors":"R. Attard, Marcelpeeters","doi":"10.54648/ecta2020041","DOIUrl":"https://doi.org/10.54648/ecta2020041","url":null,"abstract":"","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47887393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
W. Morawski, Krzysztof Lasiński-Sulecki, B. Brzeziński
{"title":"Company in Organization Under EU Parent-Subsidiary and Merger Directives","authors":"W. Morawski, Krzysztof Lasiński-Sulecki, B. Brzeziński","doi":"10.54648/ecta2020040","DOIUrl":"https://doi.org/10.54648/ecta2020040","url":null,"abstract":"","PeriodicalId":43686,"journal":{"name":"EC Tax Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47069015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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