Abuse of law

The use of a provision of law for other purposes than the authorities believe it was intended.

Abuse of law, Principal purpose test

( PwC Netherlands, Lazarski University and Singapore Management University)/ /Leave a comment

The text represents the personal views of the author, which do not purport to represent the view of Poland’s Ministry of Finance. In the judgement in X GmbH (Case C-135/17), on 26 February 2019, the CJEU for the first time examined a compatibility of CFC rules with the EU primary law to the extent of…

Abuse of law, OECD, Principal purpose test, United States

( PwC Netherlands, Lazarski University and Singapore Management University)/ /Leave a comment

The text represents the personal views of the author, which do not purport to represent the view of Poland’s Ministry of Finance. In the judgement in X GmbH (Case C-135/17), on 26 February 2019, the CJEU for the first time examined a compatibility of CFC rules with the EU primary law to the extent of…

Abuse of law, EU/EEA, Principal purpose test

( PwC Netherlands, Lazarski University and Singapore Management University)/ /Leave a comment

The text represents the personal views of the author, which do not purport to represent the view of Poland’s Ministry of Finance. In the judgement in X GmbH (Case C-135/17), on 26 February 2019, the CJEU for the first time examined a compatibility of CFC rules with the EU primary law to the extent of…

Abuse of law, EU/EEA, State Aid

(Maastricht University)/ /Leave a comment

In a little more than one week we saw a series of judgments and a European Commission decision that may again test the limits of the European Union’s state aid system in its application to matters of direct taxation. On March 7, 2019 the Commission started a formal state aid investigation into the tax deduction…

Abuse of law, Beneficial ownership, Double Taxation, EU/EEA, International Tax Law, OECD, Substance, Tax Avoidance, Tax Treaties

(Luxembourg University) and (Johannes Kepler University Linz, Austria)/ /Leave a comment

Jonathan Schwarz has already briefly discussed the CJEU’s judgment in the “Danish Beneficial Ownership Cases” (C-115/16, C-118/16, C-119/16, C-299/16 and C-116/16 and C-117/16), noting that the cases “represent a landmark on beneficial ownership” and comparing them to recent international tax law jurisprudence, concluding that the “voyage of discovery is certainly not at and end”. In…

Abuse of law, Beneficial ownership, Double Taxation, EU/EEA, International Tax Law, OECD, Substance, Tax Avoidance, Tax Treaties

(Temple Tax Chambers; King’s College London)/ /3 Comments

The judgements of the CJEU in N Luxembourg 1 v Skatteministeriet (Case C-115/16) and joined cases and in T Danmark (Case C-116/16)  and another joined case, on 26 February 2019, once again addressed numerous controversies over meaning of the term “beneficial ownership”. The court’s concern in N Luxembourg was qualification for relief from withholding tax…