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On July 27, 3017 the OECD released a report on Neutralising the Effects of Branch Mismatch Arrangements (BEPS Action 2).
The opinion of the AG in Case C-355/16, Picart (Freedom of establishment - free movement of persons)
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On July 26, 2017 on the website of the Court of Justice of the European Union (CJEU) the opinion of Advocate General Mengozzi in the Case C-355/16, Christian Picart versus Ministre des Finances et des Comptes publics (ECLI:EU:C:2017:610) was published.
The present request for a preliminary ruling, submitted by the Conseil d’État (Council of State) (France), concerns the interpretation of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed in Luxembourg on 21 June 1999 (‘the AFMP’), which entered into force on 1 June 2002.
The request was submitted in the context of a dispute between Mr Christian Picart, a French national, and the French tax authorities concerning the tax authorities’ decision to re-assess the amount of the unrealised gain on the shares which he held and had declared when he transferred his tax residence from France to Switzerland and to make him liable for additional assessments to income tax and social security contributions, with penalties.
The present case provides the Court with the opportunity to clarify, in essence, whether, in keeping with its rulings concerning the FEU Treaty provisions on freedom of establishment, the scope of the terms of the AFMP on the right of establishment and the principle of non-discrimination extends to a fiscal measure, consisting in taxing unrealised gains ‘on leaving’ the national territory, adopted by the State of origin of a national of a Member State when he transfers his tax residence to Switzerland.
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On July 26, 2017 the Court of Justice of the European Union (CJEU) judged in Case C-386/16, ‘Toridas’ UAB versus Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos (intervening party: Kauno apskrities valstybinė mokesčių inspekcija) (ECLI:EU:C:2017:599).
This request for a preliminary ruling concerns the interpretation of Articles 138(1), 140(a) and 141 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with Articles 33 and 40 of that directive.
The request has been made in proceedings between ‘Toridas’ UAB and the Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos (State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania) concerning the classification of transactions carried out by Toridas between 2008 and 2010 as intra-Community supplies and payment of the value added tax (VAT) relating to those transactions together with default interest and a tax penalty.
Read more: CJEU judges in Case C-386/16, Toridas (VAT – Article 138(1) of Directive 2006/112/EC –...
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On July 21, 2017 the Cypriot Ministry of Finance issued a press release announcing that already on July 1, 2017 the Cypriot Commissioner of Taxation has issued a Circular for the tax treatment of intra-group financing arrangements. According to the announcement this followed constructive contact with the Directorate General for Competition of the European Commission on the matter.
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On July 22, 2017 the Irish Ministry of Finance issued a press release announcing the launch of the procurement process in relation to Apple state aid recovery.
On August 30, 2016 the European Commission announced that it had concluded that Ireland granted undue tax benefits of up to €13 billion to Apple. In its decision the European Commission o.a. also decided that:
· Ireland shall recover the aid from Apple Sales International.
· Ireland shall recover the aid from Apple Operations Europe.
· The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.
· Recovery of the aid shall be immediate and effective.
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