CCCTB: Selected Issues
The European Commission’s proposed Common Consolidated Corporate Tax Base (CCCTB) is the most ambitious project in the history of direct taxation within the EU. While retaining the right of Member States to set their own corporate tax rate, the proposed system allows for a ‘one-stopshop’ for filing tax returns and consolidating prof its and losses across the EU. In this book – the first to offer guidance to practitioners whose work will be affected by these new developments – 19 prominent representatives of the business community, tax consultancy, academic taxation scholarship and tax administration discuss the proposed system’s rationale, structure and uncertainties, ranging from very technical aspects, to the wording of the proposal, to political considerations. These topics include the following:
- formation of a group;
- the concept of ‘permanent establishment’;
- foreign tax credits;
- ‘dual resident’ companies;
- consequences of entering and leaving;
- depreciation of fixed assets;
- repackaged asset transfers;
- appeals procedure;
- disagreements among Member States;
- subsidiarity and the ‘yellow card procedure’;
- international aspects and tax treaties;
- sharing mechanism and transfer pricing; and
- anti-abuse rules.
The discussion raises numerous issues likely to lead to future amendments, and for this reason, along with its practical value in developing an understanding of the proposed system’s specif ic effects, the book will be welcomed by tax consultants and lawyers worldwide, corporate tax advisers, European tax authorities and tax researchers and academics.
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List of Contributors.
Chapter 1 Consolidation in the CCCTB Proposal 1 Thies Sanders.
Chapter 2 Relevant Aspects When Entering the System/CCCTB Group Paul H.M. Simonis.
Chapter 3 Business Reorganisations within the Group Bertil Wiman .
Chapter 4 Leaving a Group Jan van de Streek.
Chapter 5 CCCTB: General Principles and Characteristics Ronald Russo .
Chapter 6 Depreciation Rules under the Proposed CCCTB Directive 79 Hein Vermeulen .
Chapter 7 Is the CCCTB Proposal in line with the Principle of Subsidiarity?: Negative Opinions Submitted by National Parliaments in the ‘Yellow Card Procedure’ Rita Szudoczky.
Chapter 8 The One-Stop-Shop Approach: A Discussion of the Administrative and Procedural Aspects of the CCCTB Draft Directive J.A.R. van Eijsden.
Chapter 9 Appeals Daniel Gutmann.
Chapter 10 The Common Consolidated Corporate Tax Base and the Future of Taxation Theo Keijzer.
Chapter 11Withholding Taxes and Relief for Double Taxation Matthijs Vogel.
Chapter 12 Common Consolidated Corporate Tax Base: The Sharing Mechanism, Some General Considerations Antonio Russo.
Chapter 13 Tax Planning under the CCCTB’s Formulary Apportionment Provisions: The Good, the Bad and the Ugly Walter Hellerstein.
Chapter 14 CCCTB and Formulary Apportionment: The European Commission Finds the Right Formula Joann Martens Weiner.
Chapter 15 The CCCTB GAAR: A Toothless Tiger or Russian Roulette? Peter Harris.
Chapter 16 CFC Rule Mario Tenore.
Chapter 17 CCCTB: Selected Issues – A Summary Mark van Graafeiland & Imme Kam.