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Tax & Financial Standards new

31.10.2017

Tax & Financial Standards new

     Tax & Financial Standards

New

Judgments of the ECJ

For October

New Cases

C‑573/16 of 19 October 2017

 

Indirect taxes on the raising of capital - Imposition of a duty of 1.5% on the transfer into a clearance service of newly issued shares or shares intended to be listed on a stock exchange of a Member State

 

Key aspects of the decision in the economic range:

Indirect taxes on the raising of capital. Tax collection on certain transfers of shares. Taxation of a transfer of shares, whereby the legal title to all the shares in a company has been transferred to a clearance service for the sole purpose of listing on a stock exchange, without there being any change in the beneficial ownership of those shares.

            Proceedings concerning the levying of a tax on certain transfers of shares.

 

C-101/16 of 19 October 2017

Value added tax. Right to deduct and conditions governing the exercise of that right. Fight against tax evasion and tax avoidance. Invoice issued by a taxpayer declared ‘inactive’ by the tax authorities. Refusal to take into account evidence of the absence of tax evasion or tax losses. Limitation of the temporal effects of the judgment to be delivered

Key aspects of the decision in the economic range:

The right to deduct value added tax paid on the supplies of services - refusal of the right to deduct. Transactions concluded with trader declared inactive. Risk of tax evasion. National rules under which a taxable person is denied the right to deduct on the ground that the person upstream, who issued the invoice in which the expenditure and the VAT are indicated separately, has been declared inactive by the tax authorities.

in the context of a dispute between, on the one hand, SC Paper Consult SRL and, on the other hand, Regional Directorate-General of Public Finances and Regional Public Finance Administration, concerning a challenge brought by Paper Consult against an administrative decision which denied it the right to deduct value added tax which it had paid on the supplies of services purchased from SC Rom Packaging SRL, on the ground that the latter had been declared an ‘inactive’ taxpayer at the date on which the contract was entered into.

C-404/16 of 12 October 2017

The common system of value added tax. Taxable amount - reduction in the case of cancellation or refusal. Financial leasing agreement terminated for non-payment of public charges. Concepts of ‘cancellation’ and ‘refusal’ under a financial leasing agreement with definite transfer of ownership

Key aspects of the decision in the economic range:

A reduction of the taxable amount for value added tax following the termination of several financial leasing agreements owing to breaches of contract by the lessees. An act of refusal by which a party to a financial leasing agreement with definite transfer of ownership has definitively terminated the agreement. Concepts of ‘cancellation’ and ‘refusal’ under a financial leasing agreement with definite transfer of ownership.

In proceedings between Lombard and Appeals Directorate of the National Taxation and Customs Authority, concerning the latter’s refusal to allow the correction of invoices which Lombard had made with a view to obtaining a reduction of the taxable amount for value added tax following the termination of several financial leasing agreements owing to breaches of contract by the lessees.

C-661/15 of 12 October 2017

Community Customs Code. Repayment of import duties - import of vehicles and determination of the customs value. Revision of the declaration. Taking account, for the customs valuation, payments made by the seller to the purchaser under a contractual warranty obligation. The concept of ‘defective goods’

Key aspects of the decision in the economic range:

Customs union. The repayment or remission of import duties where the importer rejects the goods as defective or otherwise not in accordance with the contract. Risk of defects. A reduction in the purchase price, after their import, and that that reduction is the result of a finding that those cars had a manufacturing defect. The concept of ‘defective goods’.

in proceedings between X BV and the State Secretary for Finance, in respect of the latter’s rejection of its claims for reimbursement of customs duties on vehicles.

C‑262/16 of 12 October 2017

Value added tax - Common flat-rate scheme for farmers - Certificate to use the common flat-rate scheme for farmers - Exclusion from the common scheme - Concept of ‘category of farmers’

Key aspects of the decision in the economic range:

Farmers, for whom a flat-rate scheme is provided. Farmers who are found to be recovering substantially more as members of the flat-rate scheme than they would if they were subject to the normal VAT arrangements or the simplified VAT arrangements. Cases in which a Member State may exclude a farmer from the flat-rate scheme.

            Proceedings concerning the cancellation of the certificate to use the common flat-rate scheme for farmers that had been issued to a partnership.

C‑413/15 of 10 October 2017 

Third Party Liability Insurance for Motor Vehicles. A body charged with compensation for property or bodily harm caused by an unidentified or uninsured vehicle. Conditions under which a private body may be considered to be an emanation of the State and be subject to the provisions of a directive having a direct effect.

Key aspects of the decision in the economic range:

Compulsory insurance. Automobile insurance activity. Compensation for personal injury as a result of a road traffic accident. Liability in the event of personal injury to all passengers except the driver. Elimination of the State in determining the liability of a Member State for improper transposition of a directive - Conditions under which an individual is considered to be an emanation of the State. Possibility to refer to a directive against a State.

C-164/16 of 4 October 2017

Value added tax. Supply of motor vehicles. Finance lease with an option to purchase. the classification of a contract as a ‘finance lease’. ‘Contract for hire which provides that in the normal course of events ownership is to pass at the latest upon payment of the final instalment’

Key aspects of the decision in the economic range:

Certain transactions subject to VAT. A contract for the leasing of a motor vehicle with an option to purchase. Immediate acquisition of full ownership, the lessee having the use of the goods without being required to pay the full purchase price for them when they are handed over to him. The words ‘contract for hire which provides that in the normal course of events ownership is to pass at the latest upon payment of the final instalment’.

Judgment concerning the classification of the handing over of vehicles pursuant to a standard agreement, with regard to transactions subject to valued added tax.

C-273/16 of 4 October 2017

Exemption from VAT. Relief from import duties for goods of negligible value or of a non-commercial character. Exemption of the supply of services relating to the importation of goods. Levying VAT on the transport costs of documents and goods of negligible value despite their being ancillary to non-taxable goods.

Key aspects of the decision in the economic range:

A complaint with the European Commission seeking the initiation, pursuant to Article 258 TFEU, of infringement proceedings regarding the transport costs of imported goods of negligible value being subject to VAT. The taxable amount relating to the importation of goods. Application of an exemption from VAT for ancillary services, including transport services, not only that their value is included in the taxable amount, but also that VAT has in fact been charged on those services at the customs stage at the time of importation. Exemption of the supply of services relating to the importation of goods where the value of such services is included in the taxable amount. ‘Inbound’ transport services, namely receiving international consignments.

Judgment in proceedings, concerning the levying of value added tax on transport costs connected to the importation of goods exempt from VAT.

Expect:

C-387/16

Taxation - Value added tax - Directive 2006/112 / EC - Article 183 - Deduction of input tax - Reimbursement of excess tax - Interest on repayment of overdue tax after the period - non-taxable persons - Tax neutrality - Principle of equivalence and effectiveness - Legal certainty and protection of legitimate expectations

C-396/16

Common system of value added tax (VAT) - Article 184 - Correction of deductible input VAT - Article 185 (1) - Change in the factors used to determine the amount of the deduction - Article 185 (2) No final payment or final payment - Approved final safeguard - Articles 90 and 185 (2), second subparagraph - Tax neutrality - Collection of all VAT due in the national territory - Obligation of consistency in the application of the scheme Mite adjustment of taxation and deduction in the event of payment default

Joined cases C‑398/16 & C‑399/16

Reference for a preliminary ruling - Corporation tax - Freedom of establishment - Deduction by a resident parent company of interest on a loan for the acquisition of shares by a foreign subsidiary - Deduction by a resident parent company of a loss in the value of its shareholding in a subsidiary as a result of exchange differences - Consolidated group


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