Multinational tax avoidance vs. European Comission
Keywords:State Aid, tax planning, tax ruling, investigation, Commission
This paper deals with recent actions of the Commission with respect to EU State Aid rules. The Commission is looking at the compliance with EU State Aid rules of certain tax practices in some Member States in the context of aggressive tax planning by multinationals, with a view to ensure a level playing field. A number of multinational companies are using tax planning strategies to reduce their global tax burden, by taking advantage of the technicalities of tax systems, and substantially reducing their tax liabilities. This aggressive tax planning practice erodes the tax bases of Member States, which are already financially constrained.
LANG, M. – PISTONE, P. – SCHUCH, J. – STARINGER, C.: Introduction to European Tax Law on Direct Taxation (Eds). 4th edition. Vienna: Linde Verlag GmbH, 2016. ISBN: 978-3-7073-3083-0
ALMUNIA, J.: The State Aid Modernization Initiative. Brussels. 7 June 2012 (Speech/12/424).
Treaty on the Functioning of the European Union
Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings
Communication from the Commission and the Committee of the Regions – EU State Aid Modernisation (SAM), Brussel. 8 May 2012, COM (2012) 209 final
Code of Conduct, OJ C 2/2 of 6 January 1998
Commission notice on the application of the State aid rules to measures relating to direct business taxation, OJ C 384 of 10 December 1998
Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee – Promoting Good Governance in Tax Matters. Brussels. 28 April 2009, COM (2009) 201 final
Case C-143/99 Adria-Wien Pipeline
Joined cases C-106/09 P and C-107/09 P Commission v Gibraltar
Joined cases C-182/03 and C-217/03 Belgium and Forum 187 v Commission
Decision of the Commission - SA.38375 http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code-=3_SA_38375
Decision of the Commission - SA.38374
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