Mechanism Of Taxation Of Reorganizations And Transfers Established In The Council Directive 2009/133/Ec

Agnė Petkevičiūtė

Abstract


In terms of reorganizations and transfers, specific regulations are applied on a national level and these operations are neutral in terms of corporate income tax. On the EU level, where a common market with free movement of persons and capital exists, the unified taxation of reorganizations and transfers has also been introduced by the Council Directive 200913EC (hereinafter “Directive”). The adopted Directive created a system whereby two objectives are being sought: firstly, to postpone the taxation of capital gains in cases of reorganizations and transfers; secondly, to protect financial interests of the Member States (Finnerty, 2007, p. 23). The present article elaborates on each one of these aims and the course of their implementation.


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References


Bezzina, J. (2002). The Treatment of Losses under the EC Merger Directive 1990. European Taxation, (50), 57-71.

Helminen, M. (2011). Must EU Merger Directive Benefits Be made Available where EEA States Are Involved. EC Tax review, 179-183.

Helminen, M. (2011-4). Must the Losses of the Merging Company be Deductible in the State of Residence of the Receiving Company. EC Tax review, 172-178.

Lozev, K. (2010). Survey of Implementation of the EC Merger Directive – A Summary with Comments. European Taxation, (50), 84-95.

Russo, R. & Offermanns R. (2006). The 2005 Amendments to the EC Merger Directive. European Taxation, (46), 250-257.

Cerioni, L. (2007). EU Corporate Law and EU Company Tax Law. Massachusetts: Edward Elgar Publishing, Inc.

Finnerty, C. (2007). Fundamentals of International Tax Planning. Amsterdam: IBFD

Publications BV.

Lang, M., Pistone P., Schuch J. & Staringer. C. (2013). Introduction to European Tax Law: Direct Taxation, Viena: Spiramus Press.

Terra, B. & Walter P. (2012). European Tax Law. Netherlands: Kluwer Law International.

Van den Broek, H. (2012). Cross-Border Mergers within the EU. Netherlands: Kluwer Law International.




DOI: https://doi.org/10.19197/tbr.v16i4.133

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Print ISSN: 1643-8175 (2451-0947), Online ISSN: 2451-0955, DOI prefix: 10.19197, Principal Contact: tbr@wsb.torun.pl