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European Court of Justice

European Court of Justice CASE LAW that the levying of capital duty by itself not violates any of the fundamental freedoms of the EC Treaty. The tax payer is a Dutch private company that is owned by three shareholders which are all resident of Belgium. In 2002, several issuances of shares take place. The tax payer argues that no capital tax is due, because the levying of capital tax restricts the freedom of establishment and the free movement of capital as laid down in the EC Treaty. The District Court of Breda denied the claim of the tax payer arguing that capital tax is due on every regular issuance of shares, also if the shareholder is a resident of the Netherlands. The levying of capital tax thus not restricts the freedom of establishment or the free movement of capital. hospitals, centres for medical treatment or diagnosis and other duly recognized establishments of a similar nature, under conditions which Member States lay down for the purpose of ensuring the correct and straightforward application of such exemptions and of preventing any possible evasion, avoidance or abuse. Ygeia, as a legal person governed by private law, satisfies the conditions for exemption from VAT as regards http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png EC Tax Review Kluwer Law International

European Court of Justice

EC Tax Review , Volume 15 (2) – Jun 1, 2006

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

CASE LAW that the levying of capital duty by itself not violates any of the fundamental freedoms of the EC Treaty. The tax payer is a Dutch private company that is owned by three shareholders which are all resident of Belgium. In 2002, several issuances of shares take place. The tax payer argues that no capital tax is due, because the levying of capital tax restricts the freedom of establishment and the free movement of capital as laid down in the EC Treaty. The District Court of Breda denied the claim of the tax payer arguing that capital tax is due on every regular issuance of shares, also if the shareholder is a resident of the Netherlands. The levying of capital tax thus not restricts the freedom of establishment or the free movement of capital. hospitals, centres for medical treatment or diagnosis and other duly recognized establishments of a similar nature, under conditions which Member States lay down for the purpose of ensuring the correct and straightforward application of such exemptions and of preventing any possible evasion, avoidance or abuse. Ygeia, as a legal person governed by private law, satisfies the conditions for exemption from VAT as regards

Journal

EC Tax ReviewKluwer Law International

Published: Jun 1, 2006

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