TaxSource Total

Here you can access summary of the key current tax developments in Ireland, the UK and internationally as reported by Chartered Accountants Ireland

The report of key tax developments are displayed per year, per month, by Ireland, the UK or International and by report title

Commission makes Requests of the UK, the Netherlands, Germany, Greece and Belgium

UK

The European Commission has formally requested the UK to change its Finance Act 2007 to ensure that the period during which taxes levied in breach of EU rules can be reimbursed is proportional to the objectives pursued. Under EU law, the reimbursement of taxes paid in violation of EU rules should be granted according to the national rules on internal tax reimbursements and should not be made impossible or excessively difficult. The UK's Finance Act 2007 limits to six years the period during which taxes levied in breach of EU rules can be reimbursed, thereby preventing the exercise of rights conferred by EU law in certain cases.

For full details see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1251&format=HTML&aged=0&language=en&guiLanguage=en

The Netherlands

The European Commission issued four separate requests to The Netherlands to change discriminatory tax rules. The discriminatory tax regimes in question concern succession and gift duties on country estates, taxation of real estate income for non-resident charities, taxation of interests held by non-resident charities and substantial interests held by foreign companies. In all cases, the Commission considers the tax rules in question to breach EU rules on the free movement of capital, Article 63 of the Treaty.

For details see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1252&format=HTML&aged=0&language=en&guiLanguage=en

Germany , Greece and Belgium

The EC formally requested Germany, Greece and Belgium to change discriminatory tax rules. The discriminatory regimes in question concern the inability of non-German companies to offset losses against profits within a group, Greek rules on withholding taxes on outbound dividends, Brussels region's beneficial tax regime on gifts and legacies granted to certain public bodies established in Brussels region (but not those established in other Member States) and Belgium's tax rules for capital gains on the redemption of shares of collective investment vehicles.

For details see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1253&format=HTML&aged=0&language=en&guiLanguage=en

The requests of the Commission in all cases take the form of a ‘reasoned opinion’, the second step of an EU infringement procedure. In the absence of a satisfactory response within two months, the Commission may refer the country to the EU's Court of Justice.