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

EU: Infringement Proceedings

The Commission has commenced infringement proceedings against France (energy products) and Germany (cross-border losses).

France

These proceedings show what happens when a Member State does not implement an ECJ decision (which had arisen under infringement proceedings) into National Law – the Commission must initiate further infringement proceedings against the Member State. In this situation, further proceedings have been initiated against France for failure to implement a Court ruling relating to non-transposition by France of the Directive on energy taxation (2003/96/EC).

Germany

The Commission has formally requested Germany to modify its legislation on cross-border loss deduction which it considers incompatible with the principle of freedom of establishment and the free movement of capital.

According to the press release, whilst losses generated in Germany can be offset without restriction within the same income category and against other income categories, German Income Tax Law restricts the scope for offsetting certain types of negative income from foreign sources to income in the same income category, generated in the same foreign state.