Suchergebnisse für: `state-aid` (35 gefunden)

  5. 17. September 2021

    Belgian tax exemptions granted to multinational companies as ...

    In a most recent judgment, the European Court of Justice (ECJ) confirmed the findings of the EU Commission in a Belgian case, namely that local tax exemptions granted by way of tax rulings to multinational companies constitutes selective and thus illicit State Aid. With this, the ECJ sets aside the first-instance decision of the European General Court and refers the case back for further review on other aspects of the case.

    Kategorien: European Court of Justice
    Schlagwörter: tax rulings, illicit state aid, Belgian ...
  7. 12. Februar 2020

    Supreme Tax Court discontinues proceedings with regard to th ...

    The Supreme Tax Court had asked (decision of 13.03.2019 – I R 18/19) the European Court of Justice (ECJ) whether Article 107(1) Treaty on the Functioning of the European Union (TFEU) was to be interpreted as meaning that State Aid existed where, under the rules of a Member State, (permanent) losses - incurred by a company from an economic activity maintained without receiving sufficient remuneration to cover its costs - are in principle to be regarded as hidden dividend distributions and accordingly may not reduce the profit of the company, but, in the case of companies in which the majority of voting rights are held directly or indirectly by legal persons governed by public law, those legal consequences are not to be applied to permanent losses arising if such “public” corporations carry ...

    Kategorien: Supreme Tax Court cases
    Schlagwörter: state aid, public service companies, per ...
  8. 03. Juli 2018

    Exemption of loss forfeiture for troubled businesses not ill ...

    The ECJ overturned an earlier judgment of the European General Court and held that the German tax legislation concerning the possibility of a loss-carry forward to future tax years despite a harmful share acquisition in cases of a rescue plan to save the company from insolvency – known as the salvage clause - is not illegitimate state.

    Kategorien: From Europe
    Schlagwörter: loss forfeiture, troubled businesses, il ...
  13. 12. Februar 2013

    Pre-accession relief rule applicable until Commission rules ...

    The advocate general on an ECJ case on special case exemption from a loss curtailment provision has suggested the court hold the exemption rule to be of pre-accession provenance and thus not to be disapplied as unauthorised state aid unless and until the Commission has come to that conclusion on the basis of a properly completed formal proceeding.

    Kategorien: From Europe
    Schlagwörter: Loss relief, change in shareholders, cur ...
  14. 13. Juni 2022

    Supreme Tax Court decides the electricity tax relief constit ...

    In a recent ruling, the Supreme Tax Court decided that companies in difficulty are not eligible for electricity tax relief as provided for in Sec. 9b and Sec. 10 Electricity Tax Act. Such relief constitutes illegal State aid as set forth in Article 107 (1) of the Treaty on the Functioning of the European Union (TFEU). The Supreme Tax Court was called for the first time to deal with this issue.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: illicit state aid, tax relief, electrici ...
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