SONAE Tecnologia de Informacao SA v Direccao-Geral dos Registos e Notariado: ECJ 21 Jun 2001
(Judgment) Raising of capital – Directive 69/335/EEC – ‘Duties paid by way of fees or dues – Charge for entry in the commercial register . .
(Judgment) Raising of capital – Directive 69/335/EEC – ‘Duties paid by way of fees or dues – Charge for entry in the commercial register . .
ECJ Directive 69/335/EEC – Registration charges on companies – Procedural time-limits under national law. Citations: C-188/95, [1997] EUECJ C-188/95, [1997] ECR-1 6783 Links: Bailii Statutes: Directive 69/335/EEC Jurisdiction: European Cited by: Cited – Walker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005 The claimant pensioner had moved to France. He sought to claim … Continue reading Fantask and others v Industriministeriet: ECJ 2 Dec 1997
Europa Directive 69/335/EEC Indirect taxes on the raising of capital – National provisions which provide for notarial fees to be charged for the authentication of the transfer of shares in limited liability companies Tax decision Classification as a ‘duty similar to capital duty’ Prior formality Duties on the transfer of securities Duties paid by way … Continue reading Albert Reiss Beteiligungsgesellschaft (Taxation): ECJ 28 Jun 2007
ECJ Taxation – Capital duty – Directive 69/335/EEC – Indirect taxes on the raising of capital – Taxation of a loan taken up by a capital company from a person entitled to a percentage of the profits of the same company – Right of a Member State to reintroduce a tax which was no longer … Continue reading Logstor ROR Polska sp. z o.o. v Dyrektor Izby Skarbowej w Katowicach: ECJ 16 Jun 2011
Europa Tax provisions – Harmonization of laws – Indirect taxes on the raising of capital – Capital duty levied on capital companies – Application to merger transactions effected by increasing the capital of the acquiring company – Imposition within the limits laid down by the Community rules – Preliminary rulings – Interpretation – Effect of … Continue reading Bautiaa and Societe francaise maritime v Directeurs des services fiscaux des Landes and du Finistere: ECJ 13 Feb 1996
Europa (Free Movement Of Capital) Article 56(1) EC Directive 69/335/EEC Article 12(1)(a) and (c) Exception to the prohibition on double taxation of contributions of capital Contribution of capital in the form of shares to a company established in another Member State Exchange of shares Capital transfer tax Citations: C-240/06, [2007] EUECJ C-240/06 Links: Bailii Jurisdiction: … Continue reading Fortum Project Finance: ECJ 5 Jul 2007
ECJ (Taxation) Failure of a Member State to fulfill obligations – Directive 69/335 / EEC – Articles 10 and 12 – Indirect taxes on the raising of capital – Principles of Community law on recovery of sums unduly paid) Citations: [2006] ECR I-60, [2006] EUECJ C-197/03 Links: Bailii Jurisdiction: European Taxes – Other Updated: 06 … Continue reading Commission v Italy C-197/03: ECJ 11 May 2006
ECJ (Taxation) Directive 69/335 – Indirect taxes on the raising of capital – National legislation providing for the charging, in the case of a reverse merger, of a proportional registration tax of 1% of the value of such a transaction – Classification as capital duty – Increase in capital – Increase in the assets of … Continue reading Aro Tubi Trafilerie SpA v Ministero dell’Economia e delle Finanze: ECJ 30 Mar 2006
ECJ Directive 69/335 – Indirect taxes on the raising of capital – National rules taxing a (subsidiary) company by way of capital duty in respect of a contribution made by its parent company (the grandparent company) in favour of its subsidiary (a sub-subsidiary company) – Capital duty – Increase of capital – Payment ‘to the … Continue reading Senior Engineering Investments BV v Staatssecretaris van Financien: ECJ 12 Jan 2006
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad. Held: The claimant was deemed to have had knowledge of the change in regulations and could not make a retrospective claim: ‘the orthodox position is that … Continue reading Walker-Fox v Secretary of State for Work and Pensions: CA 29 Nov 2005
ECJ (Judgment) Failure of a Member State to fulfil obligations – Indirect taxes – Directive 69/335/EEC – Raising of capital – Tax on stock exchange transactions – Tax on the delivery of bearer securities Citations: [2004] EUECJ C-415/02, [2004] ECR I-7215 Links: Bailii Statutes: Directive 69/335/EEC European, Stamp Duty Updated: 11 June 2022; Ref: scu.199459
ECJ Reference for a preliminary ruling: Verwaltungsgerichtshof – Austria. Directive 69/335/EEC – Indirect taxes on the raising of capital – Capital duty – Contribution of assets of any kind – Meaning – Payments made by the parent company of a company which has acquired dividend certificates issued by a capital company Citations: C-71/00, [2002] EUECJ … Continue reading Develop Baudurchfuhrungs- und Stadtentwicklungs GmbH v Finanzlandesdirektion fur Wien, Niederosterreich und Burgenland: ECJ 17 Oct 2002
ECJ Reference for a preliminary ruling: Verwaltungsgerichtshof – Austria. Directive 69/335/EEC – Indirect taxes on the raising of capital – Capital duty – Contribution of assets of any kind – Meaning – Acquisition by a non-member of dividend certificates issued by a capital company. Citations: C-138/00, [2002] EUECJ C-138/00 Links: Bailii Statutes: Directive 69/335/EEC European, … Continue reading Solida Raiffeisen Immobilien Leasing GmbH and Tech Gate Vienna Wissenschafts- und Technologiepark GmbH v Finanzlandesdirektion fur Wien, Niederosterreich und Burgenland: ECJ 17 Oct 2002
ECJ Reference for a preliminary ruling: Verwaltungsgerichtshof – Austria. Directive 69/335/EEC – Indirect taxes on the raising of capital – Capital duty – Increase in a company’s capital by the issue of new shares – Payments made upon the entry of a new member as a shareholder in the company – Payments made by the … Continue reading Energie Steiermark Holding AG v Finanzlandesdirektion fur Steiermark: ECJ 17 Oct 2002
References for a preliminary ruling: Tribunale di Milano and Corte d’appello di Roma – Italy. Directive 69/335/EEC – Indirect taxes on the raising of capital – Articles 10 and 12(1)(e) – Register of companies – Registration of companies’ instruments of incorporation and other company documents – Recovery of sums paid but not due – Procedural … Continue reading Riccardo Prisco Srl v Amministrazione delle Finanze dello Stato; and Ministero delle Finanze v CASER SpA: ECJ 10 Sep 2002
ECJ Judgment – Directive 69/335/EEC – Regional charge on vehicle registration certificates Citations: C-8/96, [1997] EUECJ C-8/96 Links: Bailii Statutes: Directive 69/335/EEC European, Road Traffic Updated: 03 June 2022; Ref: scu.161759
Europa Tax provisions – Harmonization of laws – Indirect taxes on the raising of capital – Waiver by a parent company of a claim against its subsidiary – Subjection to capital duty – Permissible (Council Directive 69/335, Art. 4(2)(b)) Where a parent company clears off a liability of a subsidiary by waiving all or part … Continue reading Deltakabel v Staatssecretaris van Financien: ECJ 5 Feb 1991
Raising of capital – Directive 69/335/EEC – Scope of application – Limited partnership – Assignment of limited partner’s share to a company with limited liability – Levy, after the assignment and the entry into force of the directive, of duty directly proportional to the amount of the contribution Citations: C-508/99, [2002] EUECJ C-508/99 Links: Bailii … Continue reading Palais am Stadtpark Hotelbetrieb: ECJ 16 May 2002
ECJ (Judgment Of The Court (First Chamber)) Taxation – Directive 69/335/EEC – Indirect taxes – Raising of capital – Article 4(2)(b) – Transactions subject to capital duty – Increase in the assets of a company – Contribution made by a member – Absorption of losses by virtue of an undertaking given before the losses were … Continue reading Immobilien Linz Gmbh and Co Kg v Finanzamt Freistadt Rohrbach Urfahr: ECJ 1 Dec 2011
ECJ (Judgment) Reference for a preliminary ruling – Direct taxation – Free movement of capital – Freedom to provide services – Directive 69/335/EEC – Articles 2, 4, 10 and 11 – Directive 85/611/EEC – Articles 10 and 293 EC – Annual tax on undertakings for collective investment – Double taxation – Penalties applicable to collective … Continue reading Etat belge, SPF Finances v NN (L): ECJ 26 May 2016
ECJ (Judgment of The Court) Request for a preliminary ruling – Taxation – Directive 69/335/EEC – Indirect taxes on the raising of capital – Article 10(c) – Conversion of a capital company into a different type of capital company not involving any increase in capital – Fees demanded for the drawing up of a notarial … Continue reading Braun v Land Baden-Wurttemberg: ECJ 3 Jul 2014
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .