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The compatibility of corporate exit taxation with European law


Biermeyer, Thomas; Elsener, Fabio; Timba, Fiona (2012). The compatibility of corporate exit taxation with European law. European Company and Financial Law Review, 9(1):101-110.

Abstract

In National Grid the CJEU confirmed that exit taxes on unrealised capital gains of corporations upon emigration to another Member State constitute a restriction on the freedom of establishment. The Court found that these exit taxes could be justified, however, and set out the conditions upon which this could be possible. This article begins by briefly summarising the ambiguity that had surrounded this matter before this decision and then summarises the arguments of the Court, highlighting the circumstances under which such taxation might be compatible with EU law. Lastly, the commentary discusses the conformity of the Court's findings with international tax law and European internal market law as well as the implications of the judgement on the Commission Communication on Exit Taxation, on cross-border mergers and on company seat transfers

Abstract

In National Grid the CJEU confirmed that exit taxes on unrealised capital gains of corporations upon emigration to another Member State constitute a restriction on the freedom of establishment. The Court found that these exit taxes could be justified, however, and set out the conditions upon which this could be possible. This article begins by briefly summarising the ambiguity that had surrounded this matter before this decision and then summarises the arguments of the Court, highlighting the circumstances under which such taxation might be compatible with EU law. Lastly, the commentary discusses the conformity of the Court's findings with international tax law and European internal market law as well as the implications of the judgement on the Commission Communication on Exit Taxation, on cross-border mergers and on company seat transfers

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:National licences > 142-005
Dewey Decimal Classification:340 Law
Language:English
Date:1 January 2012
Deposited On:22 Oct 2018 16:57
Last Modified:15 Apr 2021 14:48
Publisher:De Gruyter
ISSN:1613-2548
OA Status:Green
Publisher DOI:https://doi.org/10.1515/ecfr-2012-0101

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Language: English
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