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On May 30, 2024 on the website of the Court of Justice of the European Union (CJEU) a very interesting conclusion of Advocate General Kokott was published. It regards the Advocate General’s conclusion in Case C‑432/23, ECLI:EU:C:2024:446, Ordre des avocats du Barreau de Luxembourg. This conclusion is a definite must read for legal professionals.
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Op 30 mei 2024 is op website van het Hof van Justitie van de Europese Unie (Hierna: HvJ-EU) een zeer interessante conclusie van Advocaat-Generaal Kokott gepubliceerd. Het betreft de conclusie in Zaak C‑432/23, ECLI:EU:C:2024:446, Ordre des avocats du Barreau de Luxembourg. Hoewel de zaak niet Nederland, maar Luxemburg en Spanje betreft, is deze conclusie ook een must read voor Nederlandse advocaten.
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On May 27, 2024 and May 28, 2024 the OECD issued two separate press releases in which it announced that both Fiji and Moldova have joined international efforts against tax avoidance by joining the OECD/G20 Inclusive Framework on BEPS.
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In the Official Journal of the European Union of May 27, 2024 Council Decision (EU) 2024/1489 of May 21, 2024 is published. By this Council Decision the Council of the EU authorized the European Commission to open negotiations for the amendment of the agreements concerning the automatic exchange of financial account information to improve international tax compliance between the European Union and the Swiss Confederation, the Principality of Liechtenstein, the Principality of Andorra, the Principality of Monaco and the Republic of San Marino, respectively.
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On May 23, 2024 the European Commission published the key decisions of the May 2023 infringements package. The package contains a few very interesting decisions in the area of tax.
Read more: A few very interesting decisions of the May infringements package
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As you might know on November 22, 2023 elections for the House of Representatives were held in The Netherlands. In the night from May 15 to May 16 2024 the political parties PVV, VVD, NSC and BBB came to a coalition agreement, titled: “Hope, guts and pride”, and agreed to form a so-called extra-parliamentary cabinet.
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During its meeting of May 14, 2024 the Economic and Financial Affairs (ECOFIN) Council reached a political agreement on new rules for withholding tax procedures (FASTER). The so-called FASTER initiative aims to make withholding tax procedures in the EU safer and more efficient for cross-border investors, national tax authorities and financial intermediaries, such as banks or investment platforms.
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On May 8, 2024 on the website of the Court of Justice of the European Union (CJEU) the judgment of the CJEU in Case C-241/23, P. sp. z o.o. versus Dyrektor Izby Administracji Skarbowej w Warszawie, with Rzecznik Małych i Średnich Przedsiębiorców as intervening party, ECLI:EU:C:2024:392, was published. In the underlying case the CJEU answers the question whether the consideration obtained, or to be obtained, by the supplier in return for a supply of goods, as referred to in Article 73 of [the VAT Directive], in case of a contribution in kind is to be understood as meaning the nominal value of the shares acquired or the issue value, if the parties have stipulated that the consideration is to be the issue value of the shares.
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The next meeting of the Economic and Financial Affairs (ECOFIN) Council is taking place on May 14, 2024. The Agenda highlights and a provisional agenda for this meeting have been published on the website of the European Council/the Council of the EU. The following 2 tax items are mentioned on the provisional agenda. But again the proposal for an unshell Directive is not mentioned on the provisional agenda.
Read more: 2 Tax items are on the provisional agenda for the ECOFIN Council meeting of May 14, 2024