The Netherlands Tax Treatment of Subsidiaries with Special Reference to Credit Regimes

This article investigates the Netherlands tax treatment of subsidiaries in the light of EC law and from the perspective of the Common Market. In this regard, the article focuses on the new Netherlands credit system and its compliance with EC law, especially regarding the rules determined by the European Court of Justice in Cadbury Schweppes, Test Claimants in the FII Group Litigation, Meilicke, Columbus Container and Test Claimants in the CFC and Dividend Group Litigation.

Hidden Capital Contributions in Luxembourg – Clearing the Mist

Philippe Neefs and Oliver Hoor

The shifting of advantages motivated by the shareholding relationship to a company remains an obscure issue and the basis for the requalification of transactions into hidden capital contributions. Insofar as the concept of hidden capital contribution in Luxembourg is scarcely covered, this article aims at defining its main traits and clarifying its tax consequences. Consequently, descriptions of the concept and the resulting Luxembourg tax consequences are provided.

European Union/International

Non-Discrimination Provisions at the Intersection of EC and International Tax Law

Bruno Santiago

The purpose of this article is to propose the basis for what could be a future non-discrimination provision in an EU Model Treaty or a Multilateral Double Taxation Convention entered into between the Member States. In this respect, the author focuses on the concept of non-discrimination, notably the similarity test required, and attempts to find reasonable and identified criteria to deal with this concept.

Tax Sparing Credits in Tax Treaties: The Future and the Effect on EC Law

Morvan Meirelles

This article considers whether or not the Member States of the European Union should continue to rely on tax sparing provisions to assist developing or emerging economies from the perspectives of (1) the effectiveness of tax sparing credits in promoting development in developing or emerging economies and (2) the compatibility of tax sparing credits with EC law.

The Coherence Principle under EC Tax Law

Louan Verdoner

This article discusses the evolution of the coherence principle through an examination of significant European Court of Justice (ECJ) tax cases wherein Member States have raised the principle as a justification for denying equal treatment. The author concludes that the ECJ rarely accepts the coherence principle as a justification, despite the lack of EU harmonization, and that such instances where it is accepted are diminishing as the ECJ becomes more concerned with the discriminatory behaviour of Member States.

Opinion Statement of the CFE Fiscal Committee on the European Commission's Proposal for a Directive and Action Plan to Better Combat VAT Fraud

France Adopts Tax Measures to Promote Islamic Finance

Bertrand Delaigue and Antoine Reillac

This note outlines the recent changes introduced by France to encourage the provision of Islamic Finance.

Polish Personal Tax Changes for 2009

Anna Szyszka

In this note, the author surveys the significant changes introduced to personal taxation in Poland with effect from 1 January 2009.