May 2019  
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Issue No. 5 - 2019 of the European Taxation is now available online.

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Number 5 - 2019 contains the following:
ARTICLES

European Union

Harmful Tax Competition and Fiscal State Aid: Two Sides of the Same Coin?

Patricia Lampreave

One of the consequences of globalization is the increased openness of economies and the interdependence of states. Tax competition between states is inevitable. In parallel, the Commission has enacted the State aid rules due to the risk that aid can cause a distortion in competition between economic operators acting in the internal market. In this article, the convergences and divergences between both measures applied by the Commission are analysed.

European Union

Proposal for a Common Corporate Tax Base (CCTB): The Case for Foundational Principles

Oliver Mock

The European Commission has presented a proposal for a Council Directive on a Common Corporate Tax Base (CCTB), which contains a comprehensive approach to harmonizing the rules for calculating the corporate tax base in the European Union. As the existing national rules are based on long-standing systems, critical issues arise in respect of interpretation and legal uncertainty. The present article contains a suggestion to solve this problem by introducing a system of specific European tax principles.

European Union/Germany

An EU-Wide Minimum Corporate Tax Rate as an Integral Part of the CC(C)TB: The Analogy of Germany’s Minimum Local Business Taxation

Karsten Pagels and Patrick Wittenstein

Once many possibilities of tax base erosion (for example, transfer pricing) have been abolished, some Member States may try to find new means of establishing an attractive tax environment for multinational companies (e.g. low tax rates). There is, however, currently no plan to harmonize corporate tax rates within the European Union. This article refers to Germany’s local business taxation as an analogy to demonstrate why deliberations on a minimum corporate tax rate should be part of the European Union’s CC(C)TB deliberations.

European Union

Islamic Finance and EU Law – Part 1

Neha Mohan

This article addresses whether or not the special tax regimes for Islamic finance enacted by certain Member States amount to State aid under article 107(1) of the TFEU. Part 1 deals with the basic concepts of Islamic finance, distinguishing it from conventional finance and analysing the need for special tax regimes. Part 2, to be published in issue 6 of European Taxation (2019), analyses whether such provisions amount to State aid.

European Union

Current Trends Regarding Disclosure Mechanisms: Reporting Ultimate Beneficial Ownership – Part 2

René Offermanns and Rita Botelho Moniz

In this two-part article, the authors comment on current trends regarding disclosure mechanisms. Part 1 of this article, published in issue 4 of European Taxation (2019), examined practical difficulties faced in complying with such mechanisms, the purpose and consequences of disclosure mechanisms and important considerations in implementing disclosure mechanisms. Part 2 examines the reporting of beneficial ownership.

EU UPDATE
Commission
Mery Alvarado
Council
Mery Alvarado
Parliament
Mery Alvarado

 

WHAT'S GOING ON IN ...

France

French Tax News for 2019: Game-Changing Developments Regarding the Taxpayer/Tax Administration Relationship

Aurélien Mallaret

This note presents an overview of the tax bills for 2019. Although numerous important measures impacting both businesses and individuals were enacted, what is critical is certain measures that bring about an entirely new relationship between the tax administration and taxpayers. In particular, new measures strengthen the tools to fight tax evasion and tax fraud and provide for the automatic filing of a criminal complaint in respect of serious tax fraud.

International

The Data Economy: On Evaluation and Taxation

Piergiorgio Valente

While data-centred business models are claiming an ever-growing share of worldwide revenue, regulatory efforts to identify proper tax rules for the relevant activities are intensifying. It is questionable whether or not the proposals currently on the table capture the distinctive features of the data economy. The formulation of appropriate tax rules requires a thorough understanding of the mechanics of data processing activities and due consideration of the difference between information, which is an intangible asset, and tangible assets.

OFFICIAL JOURNAL OF THE CONFÉDÉRATION FISCALE EUROPÉENNE
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