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Une interprétation de la directive sociétés mères et filiales du 23 juillet 1990

Brokelind, Cécile LU (2000)
Abstract (Swedish)
Popular Abstract in Swedish

Implementeringen av dotter/moderbolagsdirektivet av den 23 juli 1990.



Jämförelse mellan olika nationella lagstiftningar som implementerat direktivet
Abstract
At the crossing between Community law and international tax law, this thesis analyses and compares the Member States' legislation implementing the Parent/Subsidiary Directive of 23 July 1990. Of special interest, the different levels of compliance towards Community law have been proved to be the major obstacle to the harmonisation’s process underlying in the Directive. The procedural differences due to the judicial autonomy of Member States also cause additional obstacles in the uniform application of Community Law.



This Directive's major aim is to provide for a favourable environment for groups of companies settled among two or more Member States, as well as neutralise tax laws as determining the decision of investments... (More)
At the crossing between Community law and international tax law, this thesis analyses and compares the Member States' legislation implementing the Parent/Subsidiary Directive of 23 July 1990. Of special interest, the different levels of compliance towards Community law have been proved to be the major obstacle to the harmonisation’s process underlying in the Directive. The procedural differences due to the judicial autonomy of Member States also cause additional obstacles in the uniform application of Community Law.



This Directive's major aim is to provide for a favourable environment for groups of companies settled among two or more Member States, as well as neutralise tax laws as determining the decision of investments location. Thus, taxes tradit-ionally levied by Member States on outgoing dividends are no longer permitted thanks to this Community direc-tive. Further, incoming dividends shall benefit from the parent exemption or the credit method for avoiding double taxation.



However, the introduction of an anti ‘directive-shopping’ clause in the Directive has allowed Member States to adopt restrictive legislation that are discussed and criticised on the basis of the principle of proportionality. It is also discussed that this clause could be interpreted restrictively as an exception to the main rule, allowing several national laws to be challenged by Community citizen.



Beyond the large interpretation difficulties linked to the comparison of the different language versions of the Directive, and due to the lack of clarity in the language used by the Community text, the major obstacle revealed by this study remains the lack of common tax policy at the European level, the Directive’s goal of tax neutrality cannot be fulfilled.



It is discussed that without a complete harmonisation of both the basis and modalities for Corporate Income Tax. The conclusion of this study consists of a call for a larger harmonisation process in Corporate Income Tax law. (Less)
Please use this url to cite or link to this publication:
author
opponent
  • Prof. Vanistendael, F., Leuven University, Belgium
organization
alternative title
The Implementation of the Parent/Subsidiary Directive of 23 July 1990
publishing date
type
Thesis
publication status
published
subject
keywords
International private and public law, Industrial and commercial law, handelsrätt, Associationsrätt, Internationell rätt
pages
388 pages
publisher
Editions Bruylant, 67, rue de la Régence- B-1000 Brussels, Belgium,
defense location
ECI Crafoord Salen, Lund, Sweden
defense date
2000-12-16 10:15
ISBN
91-87998-23-8
language
French
LU publication?
yes
id
c78664b4-06d2-4d7d-8d5e-a1102bd4aa0c (old id 19717)
date added to LUP
2007-05-25 11:59:38
date last changed
2016-09-19 08:45:07
@phdthesis{c78664b4-06d2-4d7d-8d5e-a1102bd4aa0c,
  abstract     = {At the crossing between Community law and international tax law, this thesis analyses and compares the Member States' legislation implementing the Parent/Subsidiary Directive of 23 July 1990. Of special interest, the different levels of compliance towards Community law have been proved to be the major obstacle to the harmonisation’s process underlying in the Directive. The procedural differences due to the judicial autonomy of Member States also cause additional obstacles in the uniform application of Community Law.<br/><br>
<br/><br>
This Directive's major aim is to provide for a favourable environment for groups of companies settled among two or more Member States, as well as neutralise tax laws as determining the decision of investments location. Thus, taxes tradit-ionally levied by Member States on outgoing dividends are no longer permitted thanks to this Community direc-tive. Further, incoming dividends shall benefit from the parent exemption or the credit method for avoiding double taxation.<br/><br>
<br/><br>
However, the introduction of an anti ‘directive-shopping’ clause in the Directive has allowed Member States to adopt restrictive legislation that are discussed and criticised on the basis of the principle of proportionality. It is also discussed that this clause could be interpreted restrictively as an exception to the main rule, allowing several national laws to be challenged by Community citizen.<br/><br>
<br/><br>
Beyond the large interpretation difficulties linked to the comparison of the different language versions of the Directive, and due to the lack of clarity in the language used by the Community text, the major obstacle revealed by this study remains the lack of common tax policy at the European level, the Directive’s goal of tax neutrality cannot be fulfilled.<br/><br>
<br/><br>
It is discussed that without a complete harmonisation of both the basis and modalities for Corporate Income Tax. The conclusion of this study consists of a call for a larger harmonisation process in Corporate Income Tax law.},
  author       = {Brokelind, Cécile},
  isbn         = {91-87998-23-8},
  keyword      = {International private and public law,Industrial and commercial law,handelsrätt,Associationsrätt,Internationell rätt},
  language     = {fre},
  pages        = {388},
  publisher    = {Editions Bruylant, 67, rue de la Régence- B-1000 Brussels, Belgium,},
  school       = {Lund University},
  title        = {Une interprétation de la directive sociétés mères et filiales du 23 juillet 1990},
  year         = {2000},
}