Taxation of European Companies at the Time of Establishment and Restructuring: Issues and Options for Reform with Regard to the Status Quo and the Pro

ISBN-13: 9783834923592 / Angielski / Miękka / 2010 / 266 str.

Christiane Malke

Opis

Foreword In 2004 the first legal entity applicable in all EU member states, the so-called European Company or Societas Europaea (SE), was introduced in order to strengthen the compe- tiveness of European companies and improve the functioning of the internal market. In - der for the SE to be an alternative to existing legal forms, the establishment as well as the transfer of seat should not result in tax consequences. However, despite the rules provided by the Merger Directive, the taxation of hidden reserves is still a major concern for c- panies that want to reorganize themselves cross-border. As a consequence, a need for f- ther research covering aperiodic transactions existed. The doctoral thesis of Ms. Malke provides a comprehensive contribution to fulfill this need. Ms. Malke has assessed the tax treatment of SEs at the time of establishment and - structuring based on economic and legal criteria. This is provided for all 27 EU member states. In addition, she has competently analyzed the existing literature on the subject at hand. The special merit of the doctoral thesis of Ms. Malke consists in developing reform proposals for different addressees and different levels of harmonization in the EU. More in detail, the relevant tax rules for SEs at the time of establishment and restructuring are worked out and presented in a systematic way for the 27 EU member states. Based on this, existing deficiencies are shown and solutions are elaborated in a comprehensive manner.

Spis treści

Relevance of the European Company in practice.- Taxation of European Companies during the time of restructuring in an ideal environment.- Taxation of European Companies during the time of restructuring in the current environment.- Taxation of European Companies during the time of restructuring in the proposed environment.- Conclusions.

O autorze

Dr. Christiane Malke completed her doctoral studies at the Department of Business Administration and Taxation II at the University of Mannheim under supervision of Prof. Dr. Christoph Spengel.

Blurb

In 2004, the first legal entity applicable in all EU member states, the so-called European Company or Societas Europaea (SE), was introduced. Especially, the taxation of hidden reserves is still a major concern for companies wanting to reorganize themselves across borders. Christiane Malke analyzes the current issues resulting from the entry into an SE, the transfer of seat of an SE from one EU member state to another one and the exit out of an SE in the 27 member states of the EU taking into consideration the Merger Directive. Based on existing deficiencies the author provides reform approaches that consider changes to the national law of the member states, to EU law as well as to the proposals provided by the European Commission regarding the introduction of a Common (Consolidated) Corporate Tax Base.