Landmark Decisions of the ECJ in Direct Taxation

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166297
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Landmark Decisions of the ECJ in Direct Taxation by : Werner Haslehner

Download or read book Landmark Decisions of the ECJ in Direct Taxation written by Werner Haslehner and published by Kluwer Law International B.V.. This book was released on 2015-10-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every professional dealing with taxation in the European Union will greatly appreciate this extraordinarily useful book. Based on a high-level conference held at the University of Luxembourg in 2014, the book presents detailed expert summaries and analyses of landmark ECJ decisions in direct taxation, each case a starting point for the development of a specific doctrine. The depth of the analysis, as each author charts a way through the nuances of the Court's arguments, allows the reader to gain an unparalleled understanding of changes in the relevant subsequent jurisprudence. The fundamental issues covered are the following: - taxation of non-residents in the EU context; - implications of EU fundamental freedoms in the income tax systems of the Member States; - outbound and inbound dividend taxation; - taxation of permanent establishments; - restrictions on freedom of establishment; - tax treatment of corporate exit; - abuse of taxpayers' rights; - cohesion of the tax system as an overriding factor in the public interest; - juridical double taxation arising from the exercise of overlapping powers of two or more States; - free movement of capital and third countries; and - tax treatment of non-profit organizations in the cross-border context. The book as a whole offers an incomparable critical assessment of the strengths and weaknesses of the Court's reasoning and its path through the complex field of crossborder income taxation, particularly in the area of the compatibility of national tax legislation with the fundamental freedoms, which continues to be a powerful driver for changes to existing tax laws. For legal academics, this is a unique and fundamental source of essential information and analysis. Crucially, although valuable as a 'snapshot' of the current state of EU tax law, this book will remain relevant for practitioners and policymakers as jurisprudence continues to develop over the years to come.

ECJ--recent Developments in Direct Taxation

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125094
Total Pages : 356 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis ECJ--recent Developments in Direct Taxation by : Michael Lang

Download or read book ECJ--recent Developments in Direct Taxation written by Michael Lang and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing number of cases pending before trhe European Court of Justice (ECJ) concern the fundamental freedoms and direct taxation. This book scrutinises the national background of the most important of these cases and examines possible infringements of fundamental freedoms. The focus of each analysis is on the questions submitted to the ECJ by the national courts. Moreover, where available, the opinion of the Advocate General is discussed. The cases are presented by esteemed national and European tax law experts. This book goes to the heart of the national tax systems, exposing hidden obstacles to fundamental freedoms.

CJEU - Recent Developments in Direct Taxation 2023

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Author :
Publisher : Linde Verlag GmbH
ISBN 13 : 3709413443
Total Pages : 275 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis CJEU - Recent Developments in Direct Taxation 2023 by : Georg Kofler

Download or read book CJEU - Recent Developments in Direct Taxation 2023 written by Georg Kofler and published by Linde Verlag GmbH. This book was released on 2024-05-06 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: CJEU - The most important cases in the field of direct taxation A great number of cases pending before the European Court of Justice (CJEU) concern the fundamental freedoms and state aid in respect of direct taxation. In particular, the number of infringement procedures brought before the CJEU by the European Commission has been increasing year on year. The CJEU is a driving force in the field of direct tax harmonization. All judgments and pending cases, therefore, have to be carefully analysed by academics as well as practitioners. This book discusses the most important cases in the field of direct taxation pending before or recently decided by the CJEU. Moreover, the national background of these cases is discussed and possible infringements of the fundamental freedoms and State aid rules are analysed. The analyses are presented by esteemed national and European tax law experts. The contributing authors ́ focus on the preliminary questions submitted to the CJEU by the national courts and the CJEU case law could be of relevance for driving future judgments. This book goes to the heart of the national tax systems, exposing hidden obstacles to the fundamental freedoms.

CJEU - Recent Developments in Direct Taxation 2021

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Author :
Publisher : Linde Verlag GmbH
ISBN 13 : 3709412609
Total Pages : 279 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis CJEU - Recent Developments in Direct Taxation 2021 by : Georg Kofler

Download or read book CJEU - Recent Developments in Direct Taxation 2021 written by Georg Kofler and published by Linde Verlag GmbH. This book was released on 2022-08-30 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: CJEU - The most important cases in the field of direct taxation A great number of cases pending before the European Court of Justice (CJEU) concern the fundamental freedoms and state aid in respect of direct taxation. In particular, the number of infringement procedures brought before the CJEU by the European Commission has been increasing year on year. The CJEU is a driving force in the field of direct tax harmonization. All judgments and pending cases, therefore, have to be carefully analysed by academics as well as practitioners. This book discusses the most important cases in the field of direct taxation pending before or recently decided by the CJEU. Moreover, the national background of these cases is discussed and possible infringements of the fundamental freedoms and state aid rules are analysed. The analyses are presented by esteemed national and European tax law experts. The authors focus on the preliminary questions submitted to the CJEU by the national courts and the CJEU case law which could be of relevance for driving future judgments. This book goes to the heart of the national tax systems, exposing hidden obstacles to the fundamental freedoms.

CJEU - Recent Developments in Direct Taxation 2021

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Author :
Publisher : Linde Verlag GmbH
ISBN 13 : 3709412617
Total Pages : 268 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis CJEU - Recent Developments in Direct Taxation 2021 by : Georg Kofler

Download or read book CJEU - Recent Developments in Direct Taxation 2021 written by Georg Kofler and published by Linde Verlag GmbH. This book was released on 2022-08-30 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: CJEU - The most important cases in the field of direct taxation A great number of cases pending before the European Court of Justice (CJEU) concern the fundamental freedoms and state aid in respect of direct taxation. In particular, the number of infringement procedures brought before the CJEU by the European Commission has been increasing year on year. The CJEU is a driving force in the field of direct tax harmonization. All judgments and pending cases, therefore, have to be carefully analysed by academics as well as practitioners. This book discusses the most important cases in the field of direct taxation pending before or recently decided by the CJEU. Moreover, the national background of these cases is discussed and possible infringements of the fundamental freedoms and state aid rules are analysed. The analyses are presented by esteemed national and European tax law experts. The authors focus on the preliminary questions submitted to the CJEU by the national courts and the CJEU case law which could be of relevance for driving future judgments. This book goes to the heart of the national tax systems, exposing hidden obstacles to the fundamental freedoms.

ECJ Direct Tax Compass 2017

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Author :
Publisher :
ISBN 13 : 9789087224202
Total Pages : 984 pages
Book Rating : 4.2/5 (242 download)

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Book Synopsis ECJ Direct Tax Compass 2017 by : Madalina Cotrut

Download or read book ECJ Direct Tax Compass 2017 written by Madalina Cotrut and published by . This book was released on 2017 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ECJ Direct Tax Compass is a collection of summaries of the 265 most significant judgments of the Court of Justice of the European Union, rendered up to 31 January 2017, which are relevant for EU direct taxation. With its useful search features and valuable content, the book serves as a reliable guide through the thicket of ECJ case law on direct taxation. The book contains a keyword index which facilitates topical searches. The summaries of the direct tax cases are classified according to topics representing the most important clusters of issues addressed by the ECJ from 1986 onwards. These are complemented by important texts of EU legislation. Also, several classification tables enable searches according to the legal basis of the decisions and the justification grounds invoked by the Member States.

EU Citizenship and Direct Taxation

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041185852
Total Pages : 424 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Citizenship and Direct Taxation by : Erik Ros

Download or read book EU Citizenship and Direct Taxation written by Erik Ros and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of movement is a key principle of the European Union (EU) resulting in the right of every EU citizen to move and reside freely within the EU. Many EU citizens work in other Member States than their Member State of origin. Direct taxes are not as such covered in the treaties and therefore have much smaller bases for harmonization at EU level than indirect taxes. As a result, decisions of European Court of Justice (ECJ) on the clash between the EU principle of free movement and Member States’ direct tax rules have a significant effect on national direct tax systems. This book focuses on the relation between free movement rights of EU citizens and the legal autonomy of Member States in the area of direct taxation and will immediately engage tax practitioners and scholars. The author asks (and answers) the question: Has the willingness at EU level to make EU citizenship a key driver behind the integration process come at the expense of national direct tax autonomy? The book’s incomparably thorough analysis of the distinctive evolution, mainly via ECJ case law, of the relation between the EU principle of free movement of persons and Member States’ direct tax rules includes in-depth discussion of the following elements and more: – the concept of EU citizenship in the EU’s constitutional and institutional development; – how the ECJ has interpreted the concept of free movement with regard to economically inactive persons; – how the notion of EU citizenship has widened the ECJ’s view on treaty access; – how the ECJ has addressed the clash between free movement of persons and direct taxation in the EU’s constitutional context; and – numerous tax policy initiatives with regard to EU citizens before and after the Treaty of Lisbon This is the first book to investigate in such detail how the ECJ has tried to reconcile specific national direct tax rules with the general EU principle of free movement of persons from the perspective of EU citizenship. This book explains that the ECJ is in the process of reconceptualizing the market freedoms relating to the free movement of persons, also in the area of direct taxation, as part of a broader EU citizenship right for all economically active EU citizens to pursue an economic activity in a cross-border context; a right beyond the aim of realization of the internal market. As an extremely important analysis of the influence of EU law on the direct tax autonomy of Member States, this book is sure to be itself of great influence in the practice and study of taxation in the EU.

Direct Taxation in Relation to the Freedom of Establishment and the Free Movement of Capital

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123636
Total Pages : 386 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Direct Taxation in Relation to the Freedom of Establishment and the Free Movement of Capital by : Mattias Dahlberg

Download or read book Direct Taxation in Relation to the Freedom of Establishment and the Free Movement of Capital written by Mattias Dahlberg and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the case-law of the European Court of Justice on the freedom of establishment and the free movement of capital in matters of direct taxation. The author identifies two areas where cases from the European Court of Justice are especially important: what constitutes discrimination, and which circumstances may justify such discrimination. Among his specific approaches to the complex issues involved may be noted the following: the Court's interpretation of discrimination and restriction, both in general and in particular regarding the freedom of establishment and the free movement of capital; the grounds of justification, according to the rule-of-reason doctrine, accepted by the Court, such as the prevention of tax abuse, the preservation of fiscal coherence, the effectiveness of fiscal supervision, and the fiscal principle of territoriality; grounds rejected by the Court, such as lack of harmonisation, counterbalancing advantages, a new form of establishment being seen as subject to equal treatment, lack of Community competence in the field of tax treaty law, and the protection of tax revenue; the characteristics of national legislation on direct taxation that the Court has found to be in breach of the freedom of establishment and the free movement of capital; the neutrality between different forms of establishment, in the form of either a branch or a subsidiary (the pending Marks & Spencer case is subject to a thorough analysis in this respect); the degree of convergence between the freedom of establishment and the free movement of capital, especially in cases on direct taxation; and the territorial extension of the free movement of capital.

The Acte Clair in EC Direct Tax Law

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Author :
Publisher : IBFD
ISBN 13 : 9087220367
Total Pages : 536 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis The Acte Clair in EC Direct Tax Law by : Ana Paula Dourado

Download or read book The Acte Clair in EC Direct Tax Law written by Ana Paula Dourado and published by IBFD. This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the legal issues arising from the search for certainty in the relationship between Community law and direct tax law. In addition, it contains an in-depth analysis of the CILFIT doctrine in action and its demand for legal certainty. By looking at both how the case law of the European Court of Justice (ECJ) in the area of direct taxation fits the CILFIT criteria (ECJ, 6 October 1982, case 283/81, Srl CILFIT and Gavardo SpA), and how such criteria are complied with by national courts, the book reviews and discusses the application in the field of direct taxation of the criteria put forward by the ECJ. The book highlights some of the current challenges faced by the EU judicial system in view of the expansion of EU law and its decentralized application at national level.

ECJ Direct Tax Compass 2017

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Publisher :
ISBN 13 : 9789087224196
Total Pages : 984 pages
Book Rating : 4.2/5 (241 download)

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Book Synopsis ECJ Direct Tax Compass 2017 by :

Download or read book ECJ Direct Tax Compass 2017 written by and published by . This book was released on 2017 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ECJ Direct Tax Compass is a collection of summaries of the 265 most significant judgments of the Court of Justice of the European Union? rendered up to 31 January 2017? which are relevant for EU direct taxation. With its useful search features and valuable content, the book serves as a reliable guide through the thicket of ECJ case law on direct taxation.0 0The book contains a keyword index which facilitates topical searches. The summaries of the direct tax cases are classified according to topics representing the most important clusters of issues addressed by the ECJ from 1986 onwards. These are complemented by important texts of EU legislation. Also, several classification tables enable searches according to the legal basis of the decisions and the justification grounds invoked by the Member States.

CJEU - Recent Developments in Direct Taxation 2019

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Author :
Publisher :
ISBN 13 : 9783707342345
Total Pages : pages
Book Rating : 4.3/5 (423 download)

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Book Synopsis CJEU - Recent Developments in Direct Taxation 2019 by : Michael Lang

Download or read book CJEU - Recent Developments in Direct Taxation 2019 written by Michael Lang and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Towards a Homogeneous EC Direct Tax Law

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Publisher : IBFD
ISBN 13 : 9087220030
Total Pages : 463 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis Towards a Homogeneous EC Direct Tax Law by : Cécile Brokelind

Download or read book Towards a Homogeneous EC Direct Tax Law written by Cécile Brokelind and published by IBFD. This book was released on 2007 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues in 27 member states that might have an impact on their own cases. A new way of thinking is necessary in order to achieve a homogeneous application of non-harmonized community law dealing with direct taxation

ECJ - Recent Developments in Direct Taxation 2014

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Publisher :
ISBN 13 : 9783707333169
Total Pages : 247 pages
Book Rating : 4.3/5 (331 download)

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Book Synopsis ECJ - Recent Developments in Direct Taxation 2014 by :

Download or read book ECJ - Recent Developments in Direct Taxation 2014 written by and published by . This book was released on 2015 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:

CJEU - Recent Developments in Direct Taxation 2017

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Author :
Publisher : Linde Verlag GmbH
ISBN 13 : 3709409578
Total Pages : 314 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis CJEU - Recent Developments in Direct Taxation 2017 by : Michael Lang

Download or read book CJEU - Recent Developments in Direct Taxation 2017 written by Michael Lang and published by Linde Verlag GmbH. This book was released on 2018-08-02 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: CJEU - The most important cases in the field of direct taxation A great number of cases pending before the Court of Justice of the European Union (CJEU) concern the fundamental freedoms and direct taxation. In particular, the number of infringement procedures brought before the CJEU by the European Commission has been increasing year on year. The CJEU is still in the driver’s seat in the area of direct taxation. All judgements and pending cases, therefore, have to be carefully analyzed by academics as well as practitioners. This book discusses the most important cases in the field of direct taxation pending before or recently decided by the CJEU. Moreover, the national background of these cases is discussed and possible infringements of the fundamental freedoms and secondary EU law are analyzed. The analyses are presented by esteemed national and European tax law experts. By examining the preliminary questions, the arguments brought forward by the parties and existing CJEU case law, the authors provide insight into the possible reasoning of the Court. Moreover, this book goes to the heart of the national tax systems, exposing hidden obstacles to the fundamental freedoms.

ECJ Direct Tax Compass 2015

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Publisher :
ISBN 13 : 9789087223113
Total Pages : pages
Book Rating : 4.2/5 (231 download)

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Book Synopsis ECJ Direct Tax Compass 2015 by : Madalina Cotrut

Download or read book ECJ Direct Tax Compass 2015 written by Madalina Cotrut and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains a keyword index which facilitates topical searches. The summaries of the direct tax cases are classified according to topics representing the most important clusters of issues addressed by the ECJ from 1986 onwards. These are complemented by summaries of non-tax cases relevant for the development of EU direct tax law and important texts of EU legislation. Also, several classification tables enable searches according to the legal basis of the decisions and the justification grounds invoked by the Member States. 0This is an essential reference for all those wishing to gain a better understanding of the ever-expanding field of EU direct taxation.

Recent Developments in Direct Taxation 2013

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Publisher :
ISBN 13 : 9783707330557
Total Pages : 228 pages
Book Rating : 4.3/5 (35 download)

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Book Synopsis Recent Developments in Direct Taxation 2013 by : Michael Lang

Download or read book Recent Developments in Direct Taxation 2013 written by Michael Lang and published by . This book was released on 2014 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ECJ - Recent Developments in Direct Taxation 2010

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Publisher :
ISBN 13 : 9783707318470
Total Pages : 239 pages
Book Rating : 4.3/5 (184 download)

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Book Synopsis ECJ - Recent Developments in Direct Taxation 2010 by : Michael Lang

Download or read book ECJ - Recent Developments in Direct Taxation 2010 written by Michael Lang and published by . This book was released on 2011 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: