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The Cat and the Pigeons: Some General Comments on (TP) Tax Rulings and State Aid After the Starbucks and Fiat Decisions

  • Peter J. WattelEmail author
Chapter
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Part of the MPI Studies in Tax Law and Public Finance book series (MPISTUD, volume 6)

Abstract

The Commission State aid decisions on individual tax rulings have created legal uncertainty, which may have been one of their goals. This article comments on their political and policy merits and effects, it wonders whether EU law requires member States to have—and apply in a certain manner—specific transfer pricing rules, it discusses the creditability of the tax to be recovered from US groups in their home State, it comments on the possible implications of the Commission decision on the Belgian excess profits scheme (is smart tax competition State aid? Is not curbing BEPS State aid?), it wonders whether the CCTB may have become politically feasible, and it wonders why the Commission does not seem to investigate tax breaks extended by large member States.

Keywords

Transfer Price Commission Decision Statutory Rate Market Economic Operator Senate Finance Committee 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Convention 90/463/EEC (1990) Convention 90/463/EEC on the Elimination of Double Taxation in Connection with the Adjustment of Profits of Associated Enterprises of 23 July 1990, O.J. No. L 225 of 20 August 1990Google Scholar
  2. ECOFIN (1998) Resolution annexed to the ECOFIN Council conclusions of 1 December 1997, O.J. No. C 2 of 6 January 1998Google Scholar
  3. European Commission (2014) Draft Commission Notice on the notion of State Aid pursuant to Article 107(1) of the TFEUGoogle Scholar
  4. European Commission (2016) Proposal of 28 January 2016 for a Council Directive laying down rules against tax avoidance practices that directly affect the functioning of the internal market, COM(2016) 26 finalGoogle Scholar
  5. Pistone P (2012) Smart tax competition and the geographical boundaries of taxing jurisdictions: countering selective advantages amidst disparities. Intertax 2:85–91Google Scholar
  6. Simmons & Simmons (1999) Administrative Practices in Taxation, A report prepared for the European Commission on Administrative Practices in Taxation likely to affect the location of business in the European Union, LondonGoogle Scholar
  7. United States Senate-Committee of Finance (2016) Press release 15 January 2016: Finance Committee Members Push for Fairness in EU State Aid Investigations. Press release United States Senate-Committee of Finance. http://www.finance.senate.gov/chairmans-news/finance-committee-members-push-for-fairness-in-eu-state-aid-investigations. Accessed 3 March 2016

Copyright information

© Springer-Verlag Berlin Heidelberg 2016

Authors and Affiliations

  1. 1.University of AmsterdamAmsterdamThe Netherlands

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