ECJ: Ruling on Transfer Pricing Treatment of Bank Transfers Between Branch and Parent
On 8 October 2020 the European Court of Justice (ECJ) ruled on Romania’s transfer pricing rules in relation to bank transfers from a branch to a head office that is located in another EU Member State. Impresa Pizzarotti concluded two loan
See MoreUK: VAT on Early Termination Fees and Compensation Payments
On 2 September 2020 the UK issued Revenue and Customs Brief 12 (2020) in relation to VAT on early termination fees and compensation payments. The previous guidance was that payments charged to withdraw from agreements to receive goods or
See MoreECJ rules on freedom of establishment and use of tax losses
On 27 February 2020, the European Court of Justice (ECJ) issued a decision in the case of Aures Holdings a.s. In 2007 the place of effective management of Aures was the Netherlands, and it was therefore treated at that time as Dutch tax
See MoreECJ decision on compatibility of progressive turnover tax with EU law
On 3 March 2020 the European Court of Justice (ECJ) issued a decision in the case of Tesco-Global Áruházak Zrt. The company, a part of the Tesco plc group, was a public limited company set up under Hungarian law operating in the wholesale and
See MoreECJ: Advocate General’s opinion in the British Film Institute case
The Advocate General of the European Court of Justice (ECJ) issued an opinion on 29 September 2016 in the British Film Institute case. This case concerns the VAT exemption for cultural services. The Court of Appeal (England and Wales) (Civil
See MoreECJ ruling on VAT on immovable property
On 28 April 2016 the European Court of Justice (ECJ) gave its preliminary ruling in the case Staatssecretaris van Financiën v. Het Oudeland Beheer BV . The case had been referred to the ECJ by the Hoge Raad der Nederlanden (Netherlands Supreme
See MoreECJ: Advocate General rules on conditions for VAT exemption on intra community supply
The Advocate General of the European Court of Justice (ECJ) ruled on 6 April 2016 in the case Josef Plöckl v Finanzamt Schrobenhausen. The case had been referred to the ECJ for a preliminary ruling on the following question: Do article 22(8), the
See MoreUK: Review of VAT Grouping Provisions
A policy paper published on 14 January 2016 announced the launch of a review of VAT grouping provisions in the UK following the Larentia + Minerva and Marenave case and the Skandia case in the European Court of Justice (ECI). Currently the UK
See MoreECJ: preliminary ruling on interest on VAT refund
The European Court of Justice (ECJ) gave a preliminary ruling on 21 October 2015 in the Kovozber case. Reference had been made to the ECJ by the Regional Court of Kosice (Slovak Republic) for a ruling on the following issues: 1. Should the first
See MoreECJ: Advocate General’s Opinion on Surtax on Large Pensions
On 28 January 2016, the Advocate General of the European Court of Justice (ECJ) issued an opinion in Case C involving a supplementary tax on large pensions. The case was referred to the ECJ by the Supreme Administrative Court of Finland. The
See MoreECJ: Ruling on VAT exemption for serviced residence
The European Court of Justice (ECJ) issued a decision in the case of Les Jardins de Jouvence SCRL v. Belgian State on 21 January 2016. An application was made in July 2014 by the Court of Appeal in Mons for a preliminary ruling from the ECJ. This
See MoreECJ: Advocate General issues opinion in BRE Ubezpieczenia case
The Advocate General of the European Court of Justice (ECJ) issued an opinion on 23 December 2015 in the case of Minister Finansow v BRE Ubezpieczenia Sp z.o.o. This case concerned a Polish insurance company (Aspiro) that provided insurance services
See MoreECJ Rules in Fiscale Eenheid case
On 9 December 2015 the European Court of Justice (ECJ) issued a decision in the case of Staatssecretaris van Financiën v. Fiscale Eenheid X N.V. Fiscale Eenheid X NV was the name of a fiscal unity in the Netherlands, one of the companies of which
See MoreECJ: Advocate General’s opinion in the Gemeente Borsele case
The Advocate General of the European Court of Justice (ECJ) has issued an opinion in the Gemeente Borsele case. This concerns the question of whether a local authority should be treated as a taxable person for value added tax (VAT) purposes where it
See MoreECJ rules on applicability of national procedures in abusive practices
On 12 February 2015 the European Court of Justice (ECJ) gave a preliminary ruling on a value added tax (VAT) case that had been referred to it by the Portuguese Supreme Administrative Tribunal. The question raised In the case of Surgicare - Unidades
See MoreECJ: Advocate General’s opinion on Hungarian retail turnover tax
The Advocate General of the European Court of Justice (ECJ) has issued an opinion in respect of a case involving a Hungarian retail turnover tax. The opinion of the Advocate General is issued as a guide for the ECJ but is not binding on the
See MoreECJ: Advocate General issues an opinion on the VAT exemption for educational services
Details of the opinion of the Advocate General of the European Court of Justice (ECJ) in respect of questions on VAT and education services are now available. The opinion was given in relation questions referred to the ECJ in relation to a case
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