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ECJ to rule on nondeductibility of write downs on shares in nonresident companies

Article Abstract:

The European Court of Justice wil decide on the case involving a German resident limited company (GmbH) which has less than 10% minority participatrions in non-German listed public companies. german tax authorities denied the GmbH's claims for deductions corresponding to the write downs that were the result of lowered share values. An explanation of tax law involving nonresident companies is given.

Author: Rainer, Anno
Publisher: Aspen Publishers, Inc.
Publication Name: Intertax
Subject: Law
ISSN: 0165-2826
Year: 2007
Tax Law, Public Finance Activities, Tax Deductions & Exemptions, Interpretation and construction, Tax deductions

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ECJ confirms non-application of basic freedoms of EC treaty between EU company and its third-country branch

Article Abstract:

The European Court of Justice has ruled that entities and shareholders of EU companies that have non-EU branch offices cannot depend on free movement of capital and freedom of establishment rules in the issue of detrimental tax treatment, in light of a shareholders' case against Swedish central tax authorities. Details of the case are provided.

Author: Rainer, Anno
Publisher: Aspen Publishers, Inc.
Publication Name: Intertax
Subject: Law
ISSN: 0165-2826
Year: 2007
Taxes, Taxation, Tax assessment, Branches (Business enterprises)

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Subjects list: Company legal issue, Cases, Powers and duties, European Court of Justice
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