Exit Taxes: Case C-64/11 Commission v Spain

Author: JHA - 01 Apr 2013

The CJEU concluded that the taxation of unrealised capital gains on assets assigned to a permanent establishment which ceases to operate in Spain does not amount to a restriction on the freedom of establishment.

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Interest on a Tax Refund Case: C-565/11 Mariana Irime

Author: JHA - 01 Apr 2013

The CJEU has held that it is unlawful for a national system to limit the interest granted on repayment of tax levied in breach of EU law to the interest accruing from the day following the date of the claim for repayment of the tax as opposed to when the tax was actually paid.

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ECJ must still answer VAT exemption question for defined contribution schemes after Wheels ruling

Author: JHA - 14 Mar 2013

The European Court of Justice (ECJ) handed down judgment in Wheels Common Investment Fund Trustees Ltd and Others v Commissioners for HMRC on March 7 2013. Robert Waterson, senior associate at Hage Aaronson, analyses the ruling and explains why the ECJ still needs to answer the question of whether management services provided to defined contribution schemes could qualify for VAT exemption. Originally printed in International Tax Review Premium, 14 March 2013.

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