The Compatibility of Corporate Exit Taxation with European Law

Biermeyer Thomas, Elsener Fabio and Timba Fiona
Additional contact information
Biermeyer Thomas: *Thomas Biermeyer, PhD researcher, Maastricht University, Visiting Researcher, Harvard Law School.
Elsener Fabio: **Fabio Elsener, Business Law Master, University of Zurich and European Law School Master, Maastricht University.
Timba Fiona: ***Fiona Timba, Queen Mary University, London (LLB), Barrister, European Law School, Maastricht University.

European Company and Financial Law Review, 2012, vol. 9, issue 1, 101-110

Abstract: In National Grid the CJEU confirmed that exit taxes on unrealised capital gains of corporations upon emigration to another Member State constitute a restriction on the freedom of establishment. The Court found that these exit taxes could be justified, however, and set out the conditions upon which this could be possible.This article begins by briefly summarising the ambiguity that had surrounded this matter before this decision and then summarises the arguments of the Court, highlighting the circumstances under which such taxation might be compatible with EU law. Lastly, the commentary discusses the conformity of the Court's findings with international tax law and European internal market law as well as the implications of the judgement on the Commission Communication on Exit Taxation, on cross-border mergers and on company seat transfers.

Date: 2012
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/ecfr-2012-0101 (text/html)
For access to full text, subscription to the journal or payment for the individual article is required.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bpj:eucflr:v:9:y:2012:i:1:p:101-110:n:5

Ordering information: This journal article can be ordered from
https://www.degruyter.com/journal/key/ecfr/html

DOI: 10.1515/ecfr-2012-0101

Access Statistics for this article

European Company and Financial Law Review is currently edited by Heribert Hirte

More articles in European Company and Financial Law Review from De Gruyter
Bibliographic data for series maintained by Peter Golla ().