Comment on Galeria Parque Nascente (Case C-438/18) regarding the deductibility of interest in the context of a neutral merger

Resource Information

The work Comment on Galeria Parque Nascente (Case C-438/18) regarding the deductibility of interest in the context of a neutral merger represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Comment on Galeria Parque Nascente (Case C-438/18) regarding the deductibility of interest in the context of a neutral merger

Creator

• Duarte, C. Reis
• Maurício, R
• Romão, F

Subject

• fiscal neutrality
• interest deduction
• ECJ case law
• shares
• merger
• Merger Directive
• debt capital

Language

eng

Summary

This article examines the position taken by the ECJ in a case on the compatibility of the Merger Directive (2009/133) with a Portuguese provision preventing taxpayers from deducting interest on loans taken out to finance the acquisition of shares, upon the merger of the borrower with the target. In the authors' view, the ECJ's decision is contrary to previous case law and opens the door to a relevant restriction on operations covered by the Directive

Citation source

In: European taxation. - Amsterdam. - Vol. 60 (2020), no. 2-3 ; p. 76-84

Geographic coverage

• European Union
• Europe

Language note

English