Category: Tax [EU]

Fiscal marking of gas oils and kerosene The aim of this Directive is to facilitate free movement and prevent improper use of certain petroleum products which are subject to variable excise duties. Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene. [Official Journal L 291 of 06.12.1995] Key Terms […]

The European Union’s common system of value added tax (VAT) Directive 2006/112/EC – the European Union’s common system of value added tax It recasts and repeals the sixth value added tax (VAT) directive in order to clarify the current VAT legislation in the European Union (EU). Key Points VAT is applied to all transactions carried […]

Tackling corporate tax avoidance Directive (EU) 2016/1164 — preventing tax avoidance by companies It introduces rules to prevent tax avoidance by companies and thus to address the issue of aggressive tax planning in the EU’s single market. Scope The directive applies to all taxpayers that are subject to company tax in one or more EU […]

Tax dispute resolution mechanisms Directive (EU) 2017/1852 — EU tax dispute resolution system It aims to improve the system for resolving disputes over tax agreements between EU countries, thus giving both citizens and businesses greater certainty and more timely decisions. It concerns in particular disputes over double or multiple taxation — where 2 or more […]

Administrative cooperation in the field of taxation Directive 2011/16/EU on cooperation between EU countries’ tax administrations It lays down the rules and procedures that EU countries’ national authorities must apply when exchanging information on tax matters. Key Points The legislation applies to all taxes apart from the following: value added tax and customs duties; excise […]

Supporting EU cooperation in the field of taxation: Fiscalis (2021-2027) SUMMARY OF: Regulation (EU) 2021/847 establishing the ‘Fiscalis’ programme for cooperation in the field of taxation WHAT IS THE AIM OF THE REGULATION? It establishes the Fiscalis programme for cooperation in the field of taxation*. This runs for the duration of the European Union’s (EU) […]

Taxation of savings income The European Union is pursuing its ultimate goal of enabling interest on savings received in one Member State by individuals who are resident for tax purposes in another Member State to be made subject to effective taxation in accordance with the laws of the latter Member State. ACT Council Directive 2003/48/EC […]

Tax-free allowances: permanent imports of personal property This Directive aims to eliminate the tax obstacles to the importation by private individuals of personal property into one Member State from another Member State through the introduction of tax exemptions. Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member […]

Indirect taxes on raising capital (recast Directive) Directive 2008/7/EC regulates the levying by Member States of indirect taxes on the raising of capital. It provides for a general prohibition on such taxes, notably capital duty, though certain countries may continue levying it for the time being. Council Directive 2008/7/EC of 12 February 2008 concerning indirect […]

Parent companies and their subsidiaries The EU is establishing competition-neutral tax rules for groups of companies from different Member States. It is eliminating double taxation of profits distributed in the form of dividends by a subsidiary in one Member State to a parent company in another Council Directive 90/435/EEC of 23 July 1990 on the […]

Mergers, divisions and contributions of assets This Directive introduces a common system of taxation for cross-border restructuring operations. Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States [See amending acts]. Summary Each Member State […]

Interest and royalty payments made between associated companies The European Union establishes a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States in order to abolish taxes levied at source on these payments and therefore eliminate the double taxation of these payments Council Directive 2003/49/EC of […]

Administrative cooperation in the field of value added tax (VAT) The European Union (EU) has introduced a common system of administrative cooperation and information exchange for EU countries to ensure proper application of value added tax (VAT) and to combat fraud. Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the […]

Recovery of claims relating to taxes, duties and other measures This directive sets out the rules by which European Union (EU) countries must provide assistance for the recovery of any claims relating to taxes, duties and other measures levied in another EU country. This directive aims to improve and facilitate the mutual recovery assistance within […]

Administrative cooperation in the field of excise duties Close cooperation is required between the administrative authorities of each Member State responsible for implementing the measures adopted in this field in order to combat excise fraud. The European Union (EU) has therefore adopted a Regulation to strengthen cooperation between Member States’ tax authorities in order to […]

Overview Value Added Tax is derived from European Union legislation. It is the common form of indirect tax throughout the European Union. Many detailed VAT rules are prescribed at European Union level. The various directives override national legislation. Cases are brought to the European Court of Justice from time to time in which national VAT […]

An EU directive provides the maximum amount of money and quantities of alcohol or tobacco that persons travelling from non-EU states may import into the EU without paying customs or VAT. This must not be for commercial purposes. The directive applies to goods imported in the personal luggage of passengers or travelers. The monetary values […]