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Problems of taxation of investment funds and underlying investors

Byelka, Andriy LU (2013) HARN60 20131
Department 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)
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author
Byelka, Andriy LU
supervisor
organization
course
HARN60 20131
year
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},
  keyword      = {investment fund,CIV},
  language     = {eng},
  note         = {Student Paper},
  title        = {Problems of taxation of investment funds and underlying investors},
  year         = {2013},
}