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European Tax Law Volume I: General Topics and Direct Taxation 8th ed


ISBN13: 9789403518664
Previous Edition ISBN: 9789403505831
Published: November 2022
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £108.00



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This leading textbook brings its comprehensive and systematic survey of European Tax Law up to March 2022. With its critical discussion of the EU tax rules and the European Court’s case law in tax matters, it surpasses every other textbook on EU Tax Law in its clarification and analysis of the implications of the EU Treaties and secondary EU law for national and bilateral tax law. This edition discusses the current negative integration of tax law on the incompatibility of national tax measures with the Treaty Freedoms or the State aid prohibition and the positive integration of tax law measures taken at the Union level and pending proposals for Union action in the area of taxation.

What is in this book:

Volume I includes the following:

(1) The far-reaching consequences of the EU free movement rights, the EU State aid prohibition, the EU Charter of Fundamental Rights, and the general principles of EU law for national tax law, tax treaties, national (tax) procedure, State liability, and relations with third States

(2) Secondary EU law in force and proposed on direct taxes (Parent-Subsidiary Directive, Tax Merger Directive, Interest and Royalties Directive, cross-border tax dispute settlement instruments, the Anti-Tax Avoidance Directive and pending company tax proposals)

(3) (Automatic) exchange of information and other administrative assistance in the assessment and recovery of taxes between the EU Member States

(4) Soft Law on Harmful Tax Competition


Volume II (2021) of this book covers harmonization of indirect taxation, energy taxation and capital duty, and administrative cooperation in indirect taxation.

How this will help you:

This edition will continue to be of immense value to law school and university programmes in (international) tax law, European Union law, and practice. This edition will be a reference book for EU law and tax law practitioners, administrators, academics, the judiciary, and tax law or Union law policymakers.

Subjects:
Taxation
Contents:
Preface
Overview
List of Abbreviations

PART 1. General EU law and Taxation
CHAPTER 1. Introduction
Peter Wattel
CHAPTER 2. Constitutional Foundations: EU Tax Competences
Treaty Basis for Tax Integration
Sources and Enactment of EU Tax Law
Update and elaboration
Rita Szudoczky and Dennis Weber
CHAPTER 3.General EU Law Concepts and Tax Law
Peter J. Wattel
CHAPTER 4. The EU Charter of Fundamental Rights, General Principles of EU Law and Taxation
Pasquale Pistone
CHAPTER 5. Third States and External Tax Relations
Ana Paula Dourado and Peter Wattel, updated by Daniel Smit and Philip Baker

PART 2. Integration of Direct Taxation
CHAPTER 6. Conceptual Background of the CJEU Case Law in Direct Tax Matters
Peter J. Wattel and Dennis Weber
CHAPTER 7. Free Movement and Tax Base Integrity
Update by Dennis Weber and Peter Wattel
CHAPTER 8. Division of Tax Jurisdiction
Double Tax Relief Mechanisms
Tax Treaty Issues
Update by Otto Marres
CHAPTER 9. Corporate Income Taxation
Update by Hein Vermeulen
CHAPTER 10. Cross-Border Loss Relief
Georg Kofler
CHAPTER 11. Cross-Border Dividend Taxation
Update by Hein Vermeulen
CHAPTER 12. Exit Taxes
Servaas van Thiel
CHAPTER 13. Individual Income Taxation
Update by Hein Vermeulen
CHAPTER 14. EU inheritance and gift taxation
Vassilis Dafnomilis
CHAPTER 15. State Aid and Direct Taxation
Sjoerd Douma

PART 3. Positive Integration of Corporate Taxes
CHAPTER 16. The Parent-Subsidiary Directive
Update by Otto Marres
CHAPTER 17. The Tax Merger Directive
Update by Frederik Boulogne
CHAPTER 18. The Interest and Royalties Directive
Update by Axel Cordewener
CHAPTER 19. The Anti-Tax-Avoidance Directive (ATAD)
Daniël Smit
CHAPTER 20. Tax Aspects of the European Economic Interest Grouping, the European Company and the European Cooperative Society
Update by Frederik Boulogne, Mariken van Hilten and Peter Wattel
CHAPTER 21. The Settlement of Cross-Border Tax Disputes in the European Union
Pasquale Pistone
CHAPTER 22. Company tax proposals and tax policy initiatives
Maarten de Wilde
CHAPTER 23. Harmful Tax Competition and the Code of Conduct for Business Taxation
Servaas van Thiel

PART 4. Exchange of Information and Recovery Assistance
CHAPTER 24. Exchange of Information and Recovery Assistance: Background, History and Legal Basis
Sigrid Hemels
CHAPTER 25. The Directive on Administrative Cooperation
Sigrid Hemels
CHAPTER 26. Mandatory Disclosure: the Contribution of DAC6 to the Common EU System of Mutual Assistance in Tax Matters
Pasquale Pistone
CHAPTER 27. The Recovery Assistance Directive (RAD)
Pasquale Pistone
CHAPTER 28. Concurrence Rules
Sigrid Hemels

Index
Table of Cases