Highlights & Insights Previews

European Parliament adopts 5th update to EU's Anti-money laundering directive

MEPs supported on Thursday, by 574 votes to 13 votes, with 60 abstentions, a December agreement reached with the Council, which also proposed closer regulation for virtual currencies, like Bitcoin, to prevent them being used for money laundering and terrorism financing.

The agreement represents the fifth and latest update to the EU's Anti-money laundering Directive and is partly a response to the terrorist attacks of 2015 and 2016 in Paris and Brussels, as well as the Panama Papers leaks.

The reforms giving citizens the right to access information on the beneficial owners of firms which operate in the EU, could help quash the corrupt use of letterbox companies created to launder money, hide wealth and avoid paying taxes - a practice which received widespread attention in the wake of the Panama Papers.

The updated directive will enter into force three days after its publication in the Official Journal of the European Union. Member states will then have 18 months to transpose the new rules into national law.

Press release

20 april 2018 12282 keer bekeken H&I: Previews Rubriek: Europees belastingrecht
KPC Herning. Reference for a preliminary ruling. Supply of land on which there is a building. Sale of building land? Vestre Landsret

Request for a preliminary ruling from the Vestre Landsret in the case KPC Herning.

Is it compatible with Article 135(1)(j), cf. Article 12(1)(a) and (2), read in conjunction with Article 135(1)(k), cf. Article 12(1)(b) and (3), of the VAT Directive for a Member State, in circumstances such as those in the main proceedings, to consider a supply of land on which at the time of supply there is a building as a sale of building land subject to VAT, when it is the parties' intention that the building is to be demolished completely or partially in order to make room for a new building?

C-71/18

17 april 2018 20135 keer bekeken H&I: Previews Rubriek: Europees belastingrecht , Omzetbelasting
Commission v Belgium. Belgian income tax restricts free movement of capital. Different valuation methods for domestic and foreign immovable property. Court of Justice

Judgment of the Court of Justice in the case Commission v Belgium.

The Court declares that, by retaining provisions under which, in respect of the estimation of income relating to unrented immovable property or immovable property rented either to natural persons who do not use them for professional purposes or to legal persons which make such property available to natural persons for private purposes, the tax base is calculated on the basis of the cadastral value so far as immovable property on national territory is concerned, and on the actual rental value so far as immovable property located outside Belgium is concerned, Belgium has failed to fulfil its obligations under Article 63 TFEU and Article 40 of the Agreement on the European Economic Area.

C-110/17

13 april 2018 17190 keer bekeken H&I: Previews Rubriek: Europees belastingrecht , Inkomstenbelasting
PPC Power. EU law precludes Slovak tax on the value of sold or unused greenhouse gas emission allowances at a rate of 80%. Court of Justice

The Court of Justice has given a judgment in the case PPC Power.

Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which taxes, at 80% of their value, greenhouse gas emission allowances allocated free of charge which have been sold or not used by the undertakings subject to the greenhouse gas emission trading scheme.

C-302/17

12 april 2018 19214 keer bekeken H&I: Previews Rubriek: Europees belastingrecht , Milieuheffingen
Medtronic. Combined Nomenclature. Classification of spinal fixation systems. Court of Justice

Judgment of the Court of Justice in the case Medtronic.

The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 must be interpreted as meaning that spinal fixation systems such as those at issue in the main proceedings may not be classified under subheading 9021 90 90 of the Combined Nomenclature if they are covered by another subheading of heading 9021 of the Combined Nomenclature. Whether those systems may be classified under subheading 9021 10 10 or subheading 9021 10 90 of the Combined Nomenclature will depend on the principal function they perform, which is a matter for the referring court to determine by having regard to the objective characteristics and properties of such systems as well as to their intended and actual use.

C-227/17

12 april 2018 16703 keer bekeken H&I: Previews Rubriek: Douane , Europees belastingrecht
Biosafe - Indústria de Reciclagens. VAT deduction. Retroactive effect of an invoice correction. Court of Justice

Judgment of the Court of Justice in the case Biosafe - Indústria de Reciclagens.

Articles 63, 167, 168, 178 to 180, 182 and 219 of Council Directive 2006/112/EC and also the principle of fiscal neutrality, must be interpreted as precluding legislation of a Member State pursuant to which, in circumstances such as those at issue in the main proceedings in which, following a tax adjustment, additional VAT was paid to the State and was the subject of documents rectifying the initial invoices several years after the supply of the goods in question, the right to deduct VAT is to be refused on the ground that the period laid down by that legislation for the exercise of that right started to run from the date of issue of those initial invoices and had expired.

C-8/17

12 april 2018 11353 keer bekeken H&I: Previews Rubriek: Europees belastingrecht , Omzetbelasting
SEB Bankas. Supply of land. Adjustment of undue VAT deduction. Court of Justice

Judgment of the Court of Justice in the case SEB bankas.

1. Article 184 of Council Directive 2006/112/EC must be interpreted as meaning that the obligation to adjust undue value added tax (VAT) deductions set down in that article also applies to cases where the initial deduction could not be made lawfully because the transaction giving rise to that deduction was exempt from VAT. By contrast, Articles 187 to 189 of Directive 2006/112 must be interpreted as meaning that the mechanism for the adjustment of undue VAT deductions provided for in those articles is not applicable in such cases, in particular in a situation such as that at issue in the main proceedings, where the initial VAT deduction was unjustified as it concerned a VAT-exempt transaction relating to the supply of land.

2. Article 186 of Directive 2006/112 must be interpreted as meaning that, in cases where the initial deduction of VAT could not be made lawfully, it is for the Member States to determine the date on which the obligation to adjust the undue VAT deduction arises and the time period for which that adjustment must be made, in accordance with the principles of EU law, in particular the principles of legal certainty and legitimate expectations. It is for the national court to determine whether, in cases such as that at issue in the main proceedings, those principles have been respected.

C-532/16

12 april 2018 7965 keer bekeken H&I: Previews Rubriek: Europees belastingrecht , Omzetbelasting
Scuola Elementare Maria Montessori v Commission. Municipal real estate tax exemption. Recovery of the aid. Advocate General

Opinion of Advocate General Melchior Wathelet in the case Scuola Elementare Maria Montessori v Commission on state aid.

C-622/16 P and C-623/16 P

12 april 2018 2569 keer bekeken H&I: Previews Rubriek: Europees belastingrecht
E LATS. Margin scheme for second-hand goods. Concept 'precious metals or precious stones’. Advocate General

Opinion of Advocate General Bobek in the case E LATS.

– Article 311(1)(1) of the Council Directive 2006/112/EC shall be interpreted as meaning that the notion of ‘second-hand goods' does not cover used goods acquired by a trader that contain precious metals or precious stones such as the ones in the main proceedings which are resold principally for the extraction of those precious metals or precious stones, if it follows from the objective circumstances of the transaction that such goods are resold without consideration of the functionality of the goods concerned.

– Whether this is the case must be established on the basis of the objective circumstances of the transaction, considered as a whole. The elements to be taken into account include the presentation of goods for the purpose of their resale; methods of the valuation of such goods; the quantities of the goods sold together; and the fact that the purchaser is involved in a particular business, such as the processing of precious metals or precious stones.

C-154/17

10 april 2018 5025 keer bekeken H&I: Previews Rubriek: Europees belastingrecht , Omzetbelasting
Norway may expand tax refund scheme for seafarers. EFTA Surveillance Authority

The EFTA Surveillance Authority (ESA) has approved Norway's planned expansion of an aid scheme granting tax and social security contributions refunds to shipping companies.

The current aid scheme, without the planned expansion, came into force in 2016 and will run until 2026. ESA's approval means that Norway can go ahead with plans to expand the scheme to include passenger ferries that are registered in the Norwegian ship register NIS and are offering overnight lodging on sailing routes longer than 300 nautical miles between Norwegian and foreign ports. The amended measure is planned to enter into force on 1 July.

Press release

10 april 2018 5621 keer bekeken H&I: Previews Rubriek: Europees belastingrecht

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Deze maand in Highlights & Insights

Inhoud H&I 2018/02
In aflevering 2018/02 zijn onder meer de volgende zaken van commentaar voorzien
- Eight jurisdictions removed from EU list of non-cooperative jurisdictions for tax purposes. Council
- Argenta Spaarbank. Secondary EU law precludes Belgian provision that denies the deduction of interest expenses not related to participation. Court of Justice (comments by Alexander Fortuin)
- Entertainment Bulgaria System. Deductibility of input VAT due or paid. Court of Justice (comments by Dagmara Dominik-Ogińska)
- LS Customs Service. Determining the customs value. Court of Justice (comments by Erik Mennes)
- Kozuba Premium Selection. VAT exemption for the supply of buildings. EU law precludes Polish condition. Court of Justice (comments by Dagmara Dominik-Ogińska)
05 maart 2018 58 keer bekeken
Inhoud H&I 2018/01
In aflevering 2018/01 zijn onder meer de volgende zaken van commentaar voorzien
- Commission proposes new tools to combat VAT fraud
- Council agrees on EU input to discussions at international level on the taxation of profits in the ‘digital economy'
- Ispas. Access to information and documents in the administrative file upon which decision was based. Court of Justice (comments by Edwin Thomas)
- Federal Express Europe. EU law precludes additional requirement on VAT exemption for ancillary services. Court of Justice (comments by Dagmara Dominik-Ogińska)
- Mercedes-Benz Financial Services UK. Leasing contract with an option to purchase. Court of Justice (comments by Dagmara Dominik-Ogińska)
- Code of Conduct on Withholding Tax. European Commission
- EU publishes list of non-cooperative tax jurisdictions (blacklist). European Commission
08 februari 2018 69 keer bekeken
Inhoud H&I 2017/12
In aflevering 2017/11 zijn onder meer de volgende zaken van commentaar voorzien
- Bechtel. No deduction of pension and health insurance contributions. Progression clause. German provision is contrary to EU law. Court of Justice (comments by Rens Paternotte)
- Austria v Germany. Concept of ‘debt-claims with participation in profits' must be interpreted as excluding certificates. Court of Justice (comments by Jonathan Schwartz)
- Commission v Frucona Košice. State aid. Court dismisses Commission's appeal. Court of Justice (comments by Raymond Luja)
- SMS Group. EU law precludes refusal to refund VAT charged on imported goods when the performance of the contract was suspended. Court of Justice (comments by Dagmara Dominik-Ogińska)
- Kawasaki Motors Europe. Error in the customs classification of goods. Court of Justice (comments by Nico Ooyevaar)
- X. Import of vehicles. Adjustment of the customs value. Price reduction pursuant to a contractual warranty. Time limit is invalid. Court of Justice (comments by Yassine El Bojaddaini)
21 december 2017 47 keer bekeken
Inhoud H&I 2017/11
In aflevering 2017/11 zijn onder meer de volgende zaken van commentaar voorzien
- Puškár. Processing of personal data by the authorities of a Member State for the purpose of collecting tax and combating tax fraud. Court of Justice (comments by Edwin Thomas)
- Eqiom SAS (ex Holcim): use of intermediary holdings and abuse under the Parent- Subsidiary Directive (comments by Bruno da Silva)
- The Trustees of the BT Pension Scheme. Refusal to recognise a right to a tax credit to a pension fund. Foreign income dividends. Court of Justice (comments by Edwin Thomas)
- European Commission proposes far-reaching reform of the EU VAT system
- Commission finds Luxembourg gave illegal tax benefits to Amazon worth around EUR 250 million
27 november 2017 91 keer bekeken
Inhoud H&I 2017/10
In aflevering 2017/10 zijn onder meer de volgende zaken van commentaar voorzien:
- Communication on A Fair and Efficient Tax System in the European Union for the Digital Single Market
- Opinion on the Common (Consolidated) Corporate Tax Base. EESC
- Glencore Agriculture Hungary. EU law precludes extension of the period within which a refund must be made during tax investigation procedure. Court of Justice (comments by Edwin Thomas)
- Yara International v The Norwegian Government. National rules on intra-group contributions may require that transferor and recipient are liable to taxation in the same EEA state. EFTA Court (comments by Edwin Thomas)
- Commission adopts corrections and amendments to the UCC Implementing Regulation. Publication amendments in Official Journal (comments by Piet Jan de Jonge)
- Commission v Portugal. Time-limit for sale of cigarette packets. Portugal has failed to comply with EU-law. Court of Justice (comments by Diederik Bogaerts)
31 oktober 2017 84 keer bekeken
Inhoud H&I 2017/09
In aflevering 2017/09 zijn onder meer de volgende zaken van commentaar voorzien:
- Marcu. Request for a preliminary ruling is inadmissable. Question on application of reverse charge mechanism is hypothetical. Court of Justice (comments by Edwin Thomas)
- Commission v Greece. Greek preferential inheritance tax for bequests of which the beneficiaries are non-profit-making legal persons. Restriction on the free movement of capital. Court of Justice (comments by Katerina Perrou)
- X. Belgian Fairness Tax. Infringement of Article 4 Parent-Subsidiary Directive. Court of Justice (comments by Alexander Fortuin)
- AFEP. French Surtax. Infringement of Article 4 Parent-Subsidiary Directive. Court of Justice (comments by Alexander Fortuin)
- Compass Contract Services. Adjustment of output and input VAT. Different limitation periods do not breach EU law. Court of Justice (comments by Edwin Thomas)
- Litdana. Application of margin scheme. References on the invoices relating both to the application of the margin scheme by the supplier and to exemption from VAT. Court of Justice (comments by Dagmara Dominik-Ogińska)
25 september 2017 200 keer bekeken
Inhoud H&I 2017/08
In aflevering 2017/08 zijn onder meer de volgende zaken van commentaar voorzien.
- Amendments by Parliament to proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB)
- RPO. VAT rate. Difference in treatment between printed publications and digital publications is valid. Court of Justice (comments by Rita Szudoczky)
- Posnania Investment. Transfer to the State of property in order to settle a tax debt. No supply of goods for consideration. Court of Justice (comments by Dagmara Dominik-Ogińska)
- Congregación de Escuelas Pías Provincia Betania. Tax exemptions for the Catholic Church in Spain may constitute unlawful State aid if and to the extent to which they relate to economic activities. Court of Justice (comments by Raymond Luja)
- Eko-Tabak. Dried, flat, irregular, partly stripped leaf tobacco classified as smoking tobacco. Court of Justice (comments by Diederik Bogaerts)
- EU and New Zealand sign an Agreement on Cooperation and Mutual Administrative Assistance in Customs Matters on 3 July 2017 (comments by Piet Jan de Jonge)
24 augustus 2017 230 keer bekeken
Inhoud H&I 2017/07
In aflevering 2017/07 zijn onder meer de volgende zaken van commentaar voorzien.
- Proposal on transparency for intermediaries. European Commission
- Berlioz Investment Fund. The courts of one Member State may review the legality of requests for tax information sent by another Member State. Court of Justice (comments by Edwin Thomas)
- Vasiliciuc v. the Republic of Moldova. Extradition in case of fiscal offences only if Contracting Parties have so decided. Right to liberty and security. ECHR (comments by Edwin Thomas)
- Eko-Tabak. Dried, flat, irregular, partly stripped leaf tobacco classified as smoking tobacco. Court of Justice (comments by Diederik Bogaerts)
28 juli 2017 201 keer bekeken
Inhoud H&I 2017/06
In aflevering 2017/06 zijn onder meer de volgende zaken van commentaar voorzien.
- Council Directive on Tax Dispute Resolution Mechanisms in the European Union (May 2017)
- Orsi and Baldetti. Both administrative and criminal penalties in respect of the same offence. No infringement principle ne bis in idem. Court of Justice (comments by Edwin Thomas)
- Wortmann KG Internationale Schuhproduktionen. Obligation to pay interest when taxes are wrongly levied in breach of EU law. Requirement of a request and what is determined about the interest period are set aside. Court of Justice (comments by Eric Poelmann)
- National Roads Authority. Body governed by public law which collects tolls on roads may not be regarded as competing with private operators who collect tolls on other toll roads. Court of Justice (comments by Dagmara Dominik-Ogińska)
- Identi. EU law does not preclude Italian legislation which provides for the cancellation of a taxable person's VAT debts upon admission to the bankruptcy discharge procedure. Court of Justice (comments by Anna Gunn)
- Bimotor. EU law does not preclude Italian legislation under which VAT claims may be repaid or used to offset tax owed, only up to a predetermined maximum limit. Court of Justice (comments by Andrea Parolini and Andrea Rottoli)
- Veloserviss. Post-clearance incurring of liability for import duties. Three cumulative conditions. Court of Justice (comments by Ton Bendermacher)
26 juni 2017 395 keer bekeken
Inhoud H&I 2017/05
In aflevering 2017/05 zijn onder meer de volgende zaken van commentaar voorzien.
- An isolated court judgment cannot constitute administrative practice contrary to EU law. European Ombudsman (comments by Edwin Thomas)
- Câmpean. Refund of tax wrongly paid. Principle of sincere cooperation must be complied. Court of Justice (comments by Arjo van Eijsden)
- Dutch group request is permissible. Swiss Federal Supreme Court (comments by Edwin Thomas)
- X. Deduction of negative income in proportion to the share of income received within the Member State. Schumacker doctrine. Court of Justice (comments by Rens Paternotte)
- Eschenbrenner. Notional taking into account of German income tax when determining the amount of insolvency benefit. Court of Justice (comments by Edwin Thomas)
- Euro Park Service. EU law precludes prior approval of tax authority. Court of Justice (comments by Eric Ginter and Julien Bellet)
- Wereldhave Belgium. Parent-Subsidiary Directive does not preclude an advance tax on dividends paid to a Dutch collective investment undertaking. Court of Justice (comments by Paolo Arginelli)
- Oxycure Belgium. EU law does not preclude the application of standard VAT rate to the supply of rental of oxygen concentrators. Court of Justice (comments by Levi Goosens and Thierry Charon)
- GE Healthcare. Treatment of royalties or licence fees in customs valuation. Court of Justice (comments by Erik Mennes)
30 mei 2017 207 keer bekeken