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TAX CONSEQUENCES OF THE MIGRATION OF COMPANIES: A PRACTITIONER'S PERSPECTIVE

Published online by Cambridge University Press:  26 October 2006

Gero Burwitz
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Abstract

The consequences of recent decisions of the European Court of Justice are that the Member States may not impose instant taxation on companies based only on their migration, but the Member States still do so. Secondary EU law provides tax neutrality only for a migrating SE. The prerequisites under which this tax neutrality is granted are so restrictive that their conformity with freedom of establishment is doubtful. As the European Court of Justice does not deny the right of Member States to tax increases in value at the time of realisation, a tax deferral concept might be a future solution.

Keywords

European tax lawcross-border transfer of statuary seat (registered office) and/or place of management (real seat)exit taxationfreedom of establishmentECJ judgments in Daily Mail (81/87)Centros (C-212/97)Überseering (C-208/00)X and Y (C-436/00)Inspire Art (C-167/01) and de Lasteyrie du Saillant (C-9/02)European Company (SE)amendment of the Merger Directive (2005/19/EC)planned proposal for a 14th Company Law Directive on the cross-border transfer of a registered office of limited companies
Type
Case Studies
Information
European Business Organization Law Review (EBOR) , Volume 7 , Issue 2 , June 2006 , pp. 589 - 604
Copyright
T.M.C. Asser Press 2006

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