On the internal market within the EU, freedom of establishment under articles 49 and 54 TEU stipulates that companies have the right to set up businesses in other Member States. On the internal market there are 27 different national tax law systems which have caused obstacles regaring taxation between Member States. These obstacles have been shown deterrent when a company enters a new market. One problem area is the lack of cross-border loss compensation for groups. This means that cross-border groups is over taxed when they are unable to set of gains against losses. Within the EU, there is a constant process trying to resolve these problems, both short and long term. Regarding short term, the Court of Justice has presented a number of case law. The result from these is that Member States must give groups the right to crossborder loss compensation when the loss of the subsidiary is final. However, the case law did not solve the problems with over taxtion, instead they created difficulties for Member States regarding the interpretation of the cases due to the absence of a uniform principle to follow. Swedish tax legislation within the area is narrowly designed and allows cross-border loss compensation in few cases. The Commission has now announced a long-term solution in the form of a directive that means that Member States can use a Common Consolidated Corporate Tax Base. Adoption of the directive would eliminate the obstacles whitin the internal market. Cross-border groups would be fully recognized by being provided the opportunity to set off gains against losses in the entire group regardless of the place of orgin.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:hj-15312 |
| Date | January 2011 |
| Creators | Lindberg, Christofer |
| Publisher | Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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