The study is divided into four chapters. The first chapter contains preliminary remarks as to the legal context in which the ECJ decides on its cases, the basic elements of the income tax systems of the Member States, the EC Treaty provisions and secondary legislation relevant for direct taxation, and the methods of reasoning used by the ECJ. The second chapter contains the analysis of the ECJ case law in the area of direct taxation, divided for didactical into three main categories: (i) taxation of individuals, (ii) taxation of companies, and (iii) taxation of company shareholders, with emphasis on the latter two. This chapter also includes, for each type of case, an attempt to describe the major trends in the implementation of the ECJ case law by Member States, with particular focus on Member States whose legislation has been directly assessed by ECJ’s decisions as to their compatibility with EC law. The third chapter draws up provisional conclusions on the manner in which the development of the ECJ case law influences the direct tax systems of the Member States. In a fourth chapter, the limits of the so-called “negative integration” through the ECJ case law are discussed and suggestions are also made as to room for further European action, notably the adoption of EC legislative acts in direct tax matters. (...)
quarta-feira, maio 14, 2008
Study of ECJ case law of direct taxation published
The study is divided into four chapters. The first chapter contains preliminary remarks as to the legal context in which the ECJ decides on its cases, the basic elements of the income tax systems of the Member States, the EC Treaty provisions and secondary legislation relevant for direct taxation, and the methods of reasoning used by the ECJ. The second chapter contains the analysis of the ECJ case law in the area of direct taxation, divided for didactical into three main categories: (i) taxation of individuals, (ii) taxation of companies, and (iii) taxation of company shareholders, with emphasis on the latter two. This chapter also includes, for each type of case, an attempt to describe the major trends in the implementation of the ECJ case law by Member States, with particular focus on Member States whose legislation has been directly assessed by ECJ’s decisions as to their compatibility with EC law. The third chapter draws up provisional conclusions on the manner in which the development of the ECJ case law influences the direct tax systems of the Member States. In a fourth chapter, the limits of the so-called “negative integration” through the ECJ case law are discussed and suggestions are also made as to room for further European action, notably the adoption of EC legislative acts in direct tax matters. (...)
terça-feira, maio 13, 2008
CFE Opinion Statement on the OECD International VAT/GST Guidelines
European Holding Companies
United Kingdom (UK) multinational groups have held subgroups under a sub-holding company located in a tax efficient jurisdiction, such as the Netherlands, which provided exemption from corporate tax on capital gains on the disposal of underlying subsidiaries and exemption from domestic taxation on the receipt of dividends from those subsidiaries. (...)
Coeficientes de Desvalorização da Moeda - 2008
segunda-feira, maio 12, 2008
IEC - Regras de comercialização do gasóleo colorido e marcado e os respectivos mecanismos de controlo
Tax fraud : reverse charge VAT back on the table
There is another negative sign that the fight against tax fraud is moving forward wearily: the so-called conventional' measures currently under discussion are up in the air. The first, minimalist legislative proposal presented by the European Commission, on 17 March (see Europolitics 3471 and 3493), has already been the subject of reservations over the content from both the UK and Germany. But this will not prevent Taxation Commissioner Laszlo Kovacs from presenting the Commission's work schedule for the months to come to ministers. Kovacs will announce new proposals concerning: 1. reinforcing exoneration conditions for VAT (after import); 2. a proposal for a regulation on mutual assistance for recovery (to improve joint liability for payments); 3. reinforcing Directive 77/779 on mutual assistance (direct taxation); 4. reinforcing administrative cooperation (concerning access to data); 5. improving the VIES (automatic VAT information exchange) system concerning the validity of economic operators; and 6. a decision concerning billing rules for VAT. Finally, the commissioner is expected to mention the French project Eurofisc' (3506). A proposal for a regulation is planned for November in order to create "a minimal legal basis".
domingo, maio 11, 2008
Tax Havens: Renegade States in the International Tax Regime?
Taxing multinational enterprises (MNEs) is inherently conflictual because national tax systems are not well designed to handle their international activities.
The OECD has been instrumental in developing an international tax regime to govern the conflicts and interdependencies induced by national taxation of MNEs. The strength of this regime depends on the extent to which states adhere to the regime’s norms and practices. We examine the OECD’s Harmful Tax Competition initiative, arguing that tax havens have been as renegade states in the international tax regime. We explore how the OECD initiative developed and evaluate its impact on regime effectiveness.
sábado, maio 10, 2008
Formulário electrónico de Planeamento Fiscal - Modelo 5
qualidade em que intervém, em concreto se é promotor (advogado, TOC, ROC, instituição financeira, consultor ou quem seja responsável pelo planeamento da operação ou esquema) ou utilizador, quando a operação ou esquema é da sua autoria;
tipo de intervenção, em concreto se o promotor é responsável pela concepção ou pela implementação do esquema ou actuação;
tipo de esquema planeado, em concreto se diz respeito à participação de off-shores, de entidades total ou parcialmente isentas, ou que envolvam operações financeiras ou sobre seguros, prejuízos fiscais, ou quaisquer outros propostos com exclusão ou limitação de responsabilidade.
Vat Decrease Announced
The reduction of the VAT rate will hardly be reflected in a reduction of prices for consumers, or in a clear decline in inflation, benefiting more, instead, probably, both sellers and services providers, who will most likely see their profits rise.
The reasons for this amendment are therefore essentially of a political nature, but appropriate, since the level of indirect taxation is, in Portugal, still too discrepant from the direct taxation (about one fifth), contrary to what happens in most western countries. Thus, the reduction of the weight of indirect taxation on the whole tax revenue, will at least mitigate this disproportion and therefore make the tax system less regressive, and in principle, more fair.
Notwithstanding, the standard VAT rate will remain higher than the rate applied in most other EU countries, and few Member States have higher rates than Portugal, such as Belgium (21%), Ireland (21%), Finland (22%), Poland (22%), Denmark (25%) and Sweden (25%). Moreover, the standard rate of VAT practiced in Spain remains lower (16%) than the Portuguese. Even though the VAT rules eliminate the benefits of a lower tax rate in Spain, the impact of consumers that travel to Spain to purchase services and products at lower rates has not been marginal.
Finally, it should be noted that the announced reduction in the VAT rate could have a positive impact especially in the Madeira Business Center (Zona Franca da Madeira).In particular for companies that render services in certain sectors (such as e-commerce and telecommunications) whenever the applicable place of supply is deemed to be the place where the supplier is located. Should the VAT rate, as it was also announced, be reduced in Madeira to 14% that could represent a comparative advantage for those companies.
O Princípio da Equivalência como Critério de Igualdade (Sérgio Vasques)

Proposta de Leitura:
O Princípio da Equivalência como Critério de Igualdade Tributária
Sérgio Vasques
Editora: Almedina
Tema: Teses de Doutoramento
Ano: 2008
Tipo de capa: Cartonada
ISBN 9789724034034 786 págs. Peso: 1.334 Kg
sexta-feira, maio 09, 2008
International Tax Dialogue (ITD)
Sociedades e Entidades Transparentes - Derrama
Pensão de Alimentos - IRS
-uma vez que os dependentes continuam a integrar o agregado familiar dos sujeitos passivos, nos termos do art. 13º/4-b) do CIRS, e, consequentemente, não existe litígio que justifique e legitime a Atribuição de pensões para encargos básicos que, assim, decorrem antes do dever de assistência inerente aos efeitos da filiação (art. 1874º do C. Civil);
-por outro lado, e como resulta do art. 36º/4 da LGT, a administração fiscal não está vinculada à qualificação que as partes atribuam aos seus negócios jurídicos;
-nesta conformidade, as verbas atribuídas a título de pensão de alimentos, nas situações sub judice, podem ser dedutíveis a título de despesas de educação (art. 83º do CIRS), nos termos gerais, designadamente no que se refere ao limite legal das mesmas e respectiva comprovação.(...)
quinta-feira, maio 08, 2008
European Commission takes action over breaches of tax rules
The member states have two months to explain why dividends paid to foreign pension funds are taxed higher than domestic dividends, which are tax exempt.
The European Commission believes that the higher tax on dividends paid to foreign pensions funds may dissuade these funds from investing in the member state levying the higher tax. Companies established in the member state may also face difficulties in attracting capital from foreign pension funds.
The Commission regards this difference in treatment as a restriction on the free movement of capital.
And Romania and Bulgaria must explain to the Commission why they apply a higher level of taxation on dividends paid to foreign companies than domestic companies.
Domestic dividends on participations in Romania of up to 15% of the shares are subject to a final withholding tax of 10%. On similar outbound dividends, the country levies a withholding tax of 16%. Domestic dividends on participations of 15% or more are tax exempt.
Bulgaria exempts domestic dividends from withholding tax or corporation tax. But outbound dividends paid to companies resident in the EU with a shareholding of less than 15% are subject to a withholding tax of 5%.
Managing partner of Romanian advisory firm, TaxHouse, Angela Rosca said: "The ministry of finance is taking this issue very seriously. A government meeting took place on May 7 to discuss the matter. It is expected that a measure will be decided shortly, as currently the ministry is working on the simulation of the tax impact of possible alternative measures to eliminate the discrimination of 10% vs 16%."
The Commission sent reasoned opinions, the second step in the infringement procedure, to Bulgaria, Portugal, Romania and Spain on May 6.(...)
European Tax Newsletter - Baker & McKenzie
Casas arrendadas vão ter desconto maior no IRS
A proposta é aumentar o limite máximo de dedução das rendas no IRS ainda que para isso seja necessário diminuir o limite de dedução dos juros e amortizações das dívidas contraídas para a compra de casa própria. (...)