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On January 18, 2018 the Court of Justice of the European Union (CJEU) judged in Case C-249/15, Wind 1014 GmbH, Kurt Daell versus Skatteministeriet (ECLI:EU:C:2018:21).
This request for a preliminary ruling concerns the interpretation of Article 56 TFEU.
The reference has been made in two sets of proceedings between, on the one hand, Wind 1014 GmbH (‘Wind’) and M. Kurt Daell and, on the other, the Skatteministeriet (Ministry of Taxation, Denmark) concerning, in the first set of proceedings, the refusal by the tax authorities to authorise the use, in Denmark, of a vehicle covered by a leasing contract signed by Mr Daell with Wind, established in another Member State, before those authorities approved the application submitted by Wind and Mr Daell seeking to have the registration tax on the vehicle calculated proportionately to the time of use in Danish territory and, in the second set of proceedings, those same authorities’ refusal to approve that application.
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On January 17, 2018 the Swiss Federal Council launched a consultation on the implementation of the recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes (The Forum). The consultation will last until April 24, 2018.
Furthermore, the Swiss Federal Council has decided not to pursue the project of a Federal Act on the Unilateral Application of the OECD Standard on the Exchange of Information which was submitted for consultation on October 22, 2014.
Read more: The Swiss Federal Council launches a consultation on implementation of Global Forum's...
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On January 17, 2018 on the website of the Court of Justice of the European Union (CJEU) the opinion of Advocate General Campos Sánchez-Bordona in the Case C-650/16, A/S Bevola and Jens W. Trock ApS vesus Skatteministeriet (ECLI:EU:C:2018:15) was published.
The Court of Justice is once more called upon to give a decision on a dispute which has arisen in relation to company taxation. In this case, the Danish national court asks the Court whether, ‘in conditions equivalent to those in’ the Marks & Spencer judgment, Article 49 TFEU precludes a national provision pursuant to which a Danish company may not deduct the losses of a permanent establishment (PE) situated in another Member State, unless it opts into the ‘international joint taxation’ scheme.
In the Advocate General’s view, the request for a preliminary ruling, expressed in those terms, raises three issues that the Court must settle: (a) whether the so-called ‘Marks & Spencer exception’ should be retained; (b) whether, if that exception is retained, the Court considers it applicable to the losses of PEs and not solely to the losses of subsidiaries; and (c) whether the method provided for in the Danish legislation to enable resident companies to deduct the losses of their non-resident PEs (international joint taxation) is compatible with EU law when those losses are definitive.
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On January 15, 2018 the European Commission announced that it has decided to open an an in-depth investigation into a Polish tax incentive for shipyards. The measure gives shipyards operating in Poland an option to pay a 1% flat-rate tax on sales from the building and conversion of ships, instead of paying the generally applicable corporate or personal income tax.
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On January 15, 2018 the OECD announced that on that same date Panama signed the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information (CRS MCAA). The total number of signatories of the MCAA therewith comes to 98. According to the overview of Signatories of the MCAA, Panama intends its first exchange of information to take place in September 2018.
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