The Resource Exit taxes : the Commission versus Denmark case analysed against the background of the fundamental conflict in the EU : territorial taxes and an internal market without barriers

Exit taxes : the Commission versus Denmark case analysed against the background of the fundamental conflict in the EU : territorial taxes and an internal market without barriers

Label
Exit taxes : the Commission versus Denmark case analysed against the background of the fundamental conflict in the EU : territorial taxes and an internal market without barriers
Title
Exit taxes : the Commission versus Denmark case analysed against the background of the fundamental conflict in the EU : territorial taxes and an internal market without barriers
Creator
Subject
Language
eng
Summary
Exit taxes are the last resort for States to tax unrealized capital gains which accrued while its underlying assets were attributable to the respective territory and are transferred cross-border. From a high-level point of view, an exit tax, triggered upon the mere migration of an asset or person from one Member State to the other clearly violates the internal market principle. However, since the decision in national Grid Indus it is common accord that the exit tax as such, i.e., the right of the Member State to tax the unrealized capital gains, is not infringing the freedom of establishment principle. Rather, it is the timing when such an exit tax can be enforced and under which circumstances. The latest decision in a series of treaty infringement procedures against several Member States sheds more light into the questions (i) when can a realization of the capital gains be deemed, (ii) is there a right for requiring a bank guarantee and (iii) what about the charging of interests on the deferred taxes. The article focuses on exit taxes as the last tool which States use to tax unrealized capital gains. Since the decision in National Grid Indus it is common accord that the exit tax as such is not infringing the freedom of establishment principle. The authors analyse the ECJ decision related to the treaty infringement procedures against Member States, and aride the following questions (i) when can a realization of the capital gains be deemed, (ii) is there a right for requiring a bank guarantee and (iii) what about the charging of interests on the deferred taxes
Citation source
In: EC tax review. - Alphen aan den Rijn. - Vol. 22 (2013),
http://library.link/vocab/creatorName
  • Brocke, K. von
  • Müller, S. (Stefan)
Geographic coverage
  • European Union
  • Europe
Language note
English
http://library.link/vocab/subjectName
  • exit tax
  • fundamental freedoms
  • deferral
  • interest
Label
Exit taxes : the Commission versus Denmark case analysed against the background of the fundamental conflict in the EU : territorial taxes and an internal market without barriers
Instantiates
Publication
Label
Exit taxes : the Commission versus Denmark case analysed against the background of the fundamental conflict in the EU : territorial taxes and an internal market without barriers
Publication

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