Problems of taxation of investment funds and underlying investors
(2013) HARN60 20131Department of Business Law
- Abstract
- Different treatment of investment fund has a result of double taxation or non-taxation. The Court of Justice of the European Union has stated that in principle, juridical double taxation is not in itself unlawful, as there is no obligation for Member States to adapt their own tax systems to the different systems of tax of other Member States in order to eliminate the double taxation arising from the exercise in parallel of their fiscal sovereignty. Nevertheless, juridical double taxation represents an obstacle to cross-border activity and investment within the EU, thus distorting the effective functioning of the Internal Market. Establishment of Internal Market is one of the goals of EU Treaty. Internal market shall guarantee unfettered... (More)
- Different treatment of investment fund has a result of double taxation or non-taxation. The Court of Justice of the European Union has stated that in principle, juridical double taxation is not in itself unlawful, as there is no obligation for Member States to adapt their own tax systems to the different systems of tax of other Member States in order to eliminate the double taxation arising from the exercise in parallel of their fiscal sovereignty. Nevertheless, juridical double taxation represents an obstacle to cross-border activity and investment within the EU, thus distorting the effective functioning of the Internal Market. Establishment of Internal Market is one of the goals of EU Treaty. Internal market shall guarantee unfettered movement of capital and freedom of establishment within the European Union. If investment funds would face obstacles in the form of double juridical taxation none of these fundamental rights would be safeguarded. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/3801169
- author
- Byelka, Andriy LU
- supervisor
-
- Axel Hilling LU
- organization
- course
- HARN60 20131
- year
- 2013
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- investment fund, CIV
- language
- English
- id
- 3801169
- date added to LUP
- 2014-01-27 10:18:46
- date last changed
- 2014-01-27 10:18:46
@misc{3801169,
abstract = {{Different treatment of investment fund has a result of double taxation or non-taxation. The Court of Justice of the European Union has stated that in principle, juridical double taxation is not in itself unlawful, as there is no obligation for Member States to adapt their own tax systems to the different systems of tax of other Member States in order to eliminate the double taxation arising from the exercise in parallel of their fiscal sovereignty. Nevertheless, juridical double taxation represents an obstacle to cross-border activity and investment within the EU, thus distorting the effective functioning of the Internal Market. Establishment of Internal Market is one of the goals of EU Treaty. Internal market shall guarantee unfettered movement of capital and freedom of establishment within the European Union. If investment funds would face obstacles in the form of double juridical taxation none of these fundamental rights would be safeguarded.}},
author = {{Byelka, Andriy}},
language = {{eng}},
note = {{Student Paper}},
title = {{Problems of taxation of investment funds and underlying investors}},
year = {{2013}},
}