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Book Review

Book Review Paul Farmer and Richard Lyai, EC Pax LawI (1994, Oxford European Community Law Series, 340 pp.) Both authors are worklng at EC institutions. Paul Farmer is an official of the Court of Justice of the European Communities in Luxembourg and Richard Lyal is a member of the Legal Service of the Commission of the European Communities in Brussels. The authors intend to give a comprehensive overview of EC tax legislation and case law for practitioners, scholars and students. The authors have sought to cater for both the needs of Community l a y e r s who require some knowledge of the specialized field of taxation, and tax lawyers and accountants who require knowledge of the Community dimension which is of increasing importance in their work. The book can be divided into three parts: the first 35 pages is an introduction in EC tax law, in the role of tax in the community framework and the development of tax harmonization in the Community; s the next 210 pages focus on indirect taxation and VAT; and e part three is about direct taxation and company taxation. In pages 336-341the authors draw some conclusions and give several prospects. In the second part, Chapter 31you can read a very ex?1anation 95-99 of the EC Treaty This is followed by a comprehensive description of the common system of value added tax. This part ends wlth a review of excise duties and similar taxes, however you can't find any discussion of the provisions on capital duty, and this is explained by the authors in the preface. To British and Irish readers this subject is of iimited interest and capital duty is a perverse tax which should have been abolished long ago ;Urhough I agree their &Iere is an EC Directive and several EC Member States still levy a capital d u g tax A short explanation of this tax would. therefore, have been appropriate. an introduction to company taxation in part three there is a rather detailed discussion of the parentsubsidiary and the Merger Directive. This section ends with proposals for further legislation on company taxation and the Report of the Ruding Committee. Since 1994 there is no progress in the field of company taxation. In t h ~ s book no attention is given to tax harmonization in the field of income taxation. This seems logical because there are no special provisions in the EC Treaty and no directives. There are only a few Recommendations of the European Commission (for the taxation of foreigners who earn more than 75 per cent of their income in another Member State, and about the taxation of small and medium-sized businesses). Instead there is a chapter about the prohibition of discrimination, the fundamental freedoms and their impact on direct taxation. Since this book was published in 1994 we have had some very interesting new cases in this field, such as Schumacker and Wielockx. It looks like the development m EC taxatlon is mostly determined by the decisions of the Court of Justice in Luxembourg. The subjects treated in this book contain a very good explanation of EC tax law; however the book aoesn't " a full overview of EC tax law. There is no Give discussion of the tax aspects of the European Economic Interest Grouping and the harmonization in the field of social security by Reg. 1408/71. In the field of procedural matters there is oniy t l e treatment of the Arbitration Convention in Chapter 15, and there is no treatment of the Directive for mutual assistance through exchange of information. The authors have succeeded in ~roducinga verv " useful book for community lawyers, tax lawyers and accountants. Although the book doesn't give a total overview of EC tax law, the main subjects are covered very well. There 1s a table of cases from the European Court of Justice and Court of First Instance, a Table of and a vev detailed index, I understand they have commenced writing the second edition, Hopefully the second edition will be published this year, Other titles in this series are: P. Eeckhout, Tne European Internal Market and Trade: A analysis J.A Usher, ne Law Money and Financial Semices in the European Communiiy J,A, Usher, Legal Arpccts Agriculture in the European Community Fuelp Ellis, European Community Sex Equality ,lm Dan Goyder, Communify Law Prof. Henk van Arendonk Erasmus University Rotterdam http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png EC Tax Review Kluwer Law International

Book Review

EC Tax Review , Volume 5 (1) – Mar 1, 1996

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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
0928-2750
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Abstract

Paul Farmer and Richard Lyai, EC Pax LawI (1994, Oxford European Community Law Series, 340 pp.) Both authors are worklng at EC institutions. Paul Farmer is an official of the Court of Justice of the European Communities in Luxembourg and Richard Lyal is a member of the Legal Service of the Commission of the European Communities in Brussels. The authors intend to give a comprehensive overview of EC tax legislation and case law for practitioners, scholars and students. The authors have sought to cater for both the needs of Community l a y e r s who require some knowledge of the specialized field of taxation, and tax lawyers and accountants who require knowledge of the Community dimension which is of increasing importance in their work. The book can be divided into three parts: the first 35 pages is an introduction in EC tax law, in the role of tax in the community framework and the development of tax harmonization in the Community; s the next 210 pages focus on indirect taxation and VAT; and e part three is about direct taxation and company taxation. In pages 336-341the authors draw some conclusions and give several prospects. In the second part, Chapter 31you can read a very ex?1anation 95-99 of the EC Treaty This is followed by a comprehensive description of the common system of value added tax. This part ends wlth a review of excise duties and similar taxes, however you can't find any discussion of the provisions on capital duty, and this is explained by the authors in the preface. To British and Irish readers this subject is of iimited interest and capital duty is a perverse tax which should have been abolished long ago ;Urhough I agree their &Iere is an EC Directive and several EC Member States still levy a capital d u g tax A short explanation of this tax would. therefore, have been appropriate. an introduction to company taxation in part three there is a rather detailed discussion of the parentsubsidiary and the Merger Directive. This section ends with proposals for further legislation on company taxation and the Report of the Ruding Committee. Since 1994 there is no progress in the field of company taxation. In t h ~ s book no attention is given to tax harmonization in the field of income taxation. This seems logical because there are no special provisions in the EC Treaty and no directives. There are only a few Recommendations of the European Commission (for the taxation of foreigners who earn more than 75 per cent of their income in another Member State, and about the taxation of small and medium-sized businesses). Instead there is a chapter about the prohibition of discrimination, the fundamental freedoms and their impact on direct taxation. Since this book was published in 1994 we have had some very interesting new cases in this field, such as Schumacker and Wielockx. It looks like the development m EC taxatlon is mostly determined by the decisions of the Court of Justice in Luxembourg. The subjects treated in this book contain a very good explanation of EC tax law; however the book aoesn't " a full overview of EC tax law. There is no Give discussion of the tax aspects of the European Economic Interest Grouping and the harmonization in the field of social security by Reg. 1408/71. In the field of procedural matters there is oniy t l e treatment of the Arbitration Convention in Chapter 15, and there is no treatment of the Directive for mutual assistance through exchange of information. The authors have succeeded in ~roducinga verv " useful book for community lawyers, tax lawyers and accountants. Although the book doesn't give a total overview of EC tax law, the main subjects are covered very well. There 1s a table of cases from the European Court of Justice and Court of First Instance, a Table of and a vev detailed index, I understand they have commenced writing the second edition, Hopefully the second edition will be published this year, Other titles in this series are: P. Eeckhout, Tne European Internal Market and Trade: A analysis J.A Usher, ne Law Money and Financial Semices in the European Communiiy J,A, Usher, Legal Arpccts Agriculture in the European Community Fuelp Ellis, European Community Sex Equality ,lm Dan Goyder, Communify Law Prof. Henk van Arendonk Erasmus University Rotterdam

Journal

EC Tax ReviewKluwer Law International

Published: Mar 1, 1996

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