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The EU VAT System and the Internal Market

The EU VAT System and the Internal Market
Author: Rita de La Feria
Publisher: IBFD
Total Pages: 403
Release: 2009
Genre: Trade regulation
ISBN: 9087220472

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This thesis focuses upon VAT in the context of the Community's internal market. Its central aim is to prove that the current EU VAT system is incompatible with the concept of internal market as set out in the EC Treaty and interpreted by the Court of Justice. The study commences with an analysis of the concept of internal market, the main objective of which is to establish the basic legal framework for the proposed thesis. As part of this examination, it is demonstrated that the EC Treaty creates a temporally unlimited obligation for the Community to approve legislation with the aim of establishing and improving the functioning of the internal market. By analysis of existing EU VAT jurisprudence, it is argued that obstacles cannot be overcome through incremental developments emerging from the Court of Justice, but can only be resolved by fundamental and substantive legislative amendment.


Communication from the Commission to the Council and the European Parliament : a Strategy to Improve the Operation of the VAT System Within the Context of the Internal Market

Communication from the Commission to the Council and the European Parliament : a Strategy to Improve the Operation of the VAT System Within the Context of the Internal Market
Author: Commission of the European Communities
Publisher:
Total Pages: 15
Release: 2000
Genre:
ISBN: 9780119776515

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COM(2000) 348 Final

COM(2000) 348 Final
Author: European Commission
Publisher:
Total Pages:
Release: 19??
Genre:
ISBN:

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Traditional and Alternative Routes to European Tax Integration

Traditional and Alternative Routes to European Tax Integration
Author: Dennis Weber
Publisher: IBFD
Total Pages: 377
Release: 2010
Genre: Business tax
ISBN: 9087220839

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Tax integration within the European Union can take place in many ways. In this book, various instruments which the Member States and the European Union have available to attain tax integration are discussed and their mutual relationship is studied. The book includes a general report drafted by the editor and is divided into seven parts focusing on (i) Sources of EU law for integration in direct and indirect taxation, (ii) Soft law: Solution or disillusion? Limits?, (iii) Infringement procedures: Another way to move things further?, (iv) Comitology, (v) Relationship between primary and secondary EU law, (vi) VAT Directive tested against primary law, and (vii) Direct tax directives tested against primary law. The book is the outcome of the fourth annual conference of the GREIT (Group for Research on European and International Taxation).


Integration of Cultural Considerations in European Union Law and Policies

Integration of Cultural Considerations in European Union Law and Policies
Author: Evangelia Psychogiopoulou
Publisher: Martinus Nijhoff Publishers
Total Pages: 421
Release: 2008
Genre: Law
ISBN: 9004162399

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Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC in the process.


Corporate Income Tax Harmonization in the European Union

Corporate Income Tax Harmonization in the European Union
Author: D. Pîrvu
Publisher: Springer
Total Pages: 386
Release: 2012-08-13
Genre: Business & Economics
ISBN: 1137000910

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Through the arguments for corporate tax harmonization in the EU and describing the current stage of this process, the legislative rules which are insufficient to solve the many problems implied by the proper functioning of the Single Market, are revealed. The book also exposes the issues involved in the consolidation of the corporate tax base.


Mutual Recognition as a New Mode of Governance

Mutual Recognition as a New Mode of Governance
Author: Susanne Schmidt
Publisher: Routledge
Total Pages: 195
Release: 2013-10-18
Genre: Political Science
ISBN: 1317969766

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Mutual recognition is generally forgotten in debates about new modes of governance, even though it is a particular powerful example. Its invention was crucial for the completion of the European Union’s single market, and in the late 1990s it was transferred to the field of Justice and Home Affairs. Outside of the EU, mutual recognition is also gaining in importance. This book discusses mutual recognition in the context of the debate on new modes of governance and analyzes its potential to solve governance problems, focusing on the preconditions it needs for its functioning (e.g. trust of the Member states), the positive implications of achieving coordination through it, as well as its negative side effects (e.g. the danger of a regulatory race to the bottom). Particular focus is on the contentious services directive as a prominent example of using mutual recognition. In addition, contributions look at the application of mutual recognition in the market for goods, in the area of Justice and Home Affairs, in tax policy, and in the World Trade Organization, so that the book achieves a comprehensive assessment of mutual recognition as a new mode of governance. This book was previously published as special issue of the Journal of European Public Policy.


The VAT/GST Treatment of Public Bodies

The VAT/GST Treatment of Public Bodies
Author: Oskar Henkow
Publisher: Kluwer Law International B.V.
Total Pages: 230
Release: 2013-01-01
Genre: Law
ISBN: 9041146679

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Most VAT systems exclude public bodies from the scope of value added tax (VAT) systems. However, a movement to include public sector bodies within the GST system to some extent or even fully (as in New Zealand) is gaining momentum, and underlies the European Commission’s 2011 study on the treatment and economic impact of exemptions in the public interest. Whether the present EU treatment really is as bad as some of its critics suggest, and whether the New Zealand model really is so perfect that jurisdictions with exclusion models ought simply to replace these existing systems with a New Zealand style system: these are the questions which triggered this research and which form the basis for the critical analysis contained in this book. Using a system design point of view, the author focuses on VAT systems where exclusion or inclusion of public bodies are currently being applied and on how these models function. He presents an in-depth analysis of the major issues in this context, such as the treatment of public bodies as taxable persons, their right to deduct input VAT on acquisitions, and the treatment of the income of public bodies. Specific aspects examined [nclude the following: reallocation of funds and income vs. the production/distribution/consumption cycle; the concept of ‘merit goods’; bias to self-supply instead of contracting out; preference to integrate vertically in the supply chain; applicability of VAT to government regulatory services; tax cascading in the public goods and services context; administration and compliance burden in government agencies; interpretational and implementation difficulties in EU Member States; and VAT compensation schemes in the public sector context, and whether these constitute illegal State aid. The book concludes with an insightful discussion of what might be considered as ‘best practice’ in relation to both the exclusion and full tax models. Beyond its thorough discussion of the treatment of public bodies in various VAT systems, and in the EU VAT system in particular, this is the first book on how a GST/VAT system may be designed to best accommodate public bodies, and as such it is sure to be warmly welcomed by practitioners, academics, and policymakers as a valuable contribution to the debate on the relation between VAT and public sector activities.