General Court of the EU annuls the EC’s decision in Apple
On 15 July 2020, the General Court of the European Union (‘GC’), annulled the final State aid decision of the European Commission (‘EC’), based on the argument that the EC did not demonstrate the existence of a selective economic advantage within the meaning of the State aid rules. It remains to be seen whether the
Circular containing technical clarifications regarding the 30% EBITDA rule
On 10 July 2020 a new Circular letter was published regarding the 30% EBITDA regulation (Dutch/French version).The Circular is intended to provide some additional clarifications on remaining ambiguities on the 30% EBITDA regulation, as contained in Article 198/1 BITC 92 and Article 73 RD/BITC. These clarifications are highly technical in nature and underscore again that
PwC EUDTG Newsalert – 10 July 2020 (Non-confidential version of the EC’s State aid decision to extend proceedings in Inter IKEA)
On 2 July 2020, the public version of the State aid decision of the European Commission (EC) to extend the State aid investigation into the Netherlands’ tax treatment of Inter IKEA Systems BV (Systems) was made available. In its decision to extend proceedings, the EC preliminarily concludes that the contested measures (the 2006 and 2011
Spanish Central Administrative Tribunal‘s decision to apply the CJEU’s Danish cases to deny the withholding tax exemption on dividends
The Central Administrative Tribunal (i.e., administrative body) has recently published a ruling in which it applies the doctrine from the ECJ in the Danish cases to a Spanish case denying the withholding tax exemption on dividend payments to EU parent companies. For more information, please see enclosed PwC’s EU Direct Tax Group (EUDTG)’s Newsalert on:
Data automation and XML conversion for the social passive exemption
The introduction of the unified employment status as from 1 January 2014 results generally in increased dismissal costs for employers. To support employers in dealing with these increased costs of dismissal, the legislator introduced the so-called ‘Exemption for social passive’. See one of our previous posts for more detail on the “corporate tax exemption for
General filing extension till 29 October 2020 confirmed for corporate income tax, non-resident corporate income tax and legal entity tax returns
Considering the exceptional business environment, the Minister of Finance decided to extend the initial filing due date for Assessment Year 2020 of 24 September 2020 till 29 October 2020. The extension applies to corporate income tax, non-resident corporate income tax and legal entity tax returns to be filed via BizTax. BizTax is currently operational, but
Optional deferral of the reporting obligation – Germany opts out
The Council Directive (EU) 2020/876 of 24 June 2020, amended the DAC 6 Directive by deferring the reporting deadlines by 6 months. Since the deferral is included in the Directive, an implementation is required in order to be reflected in the domestic legislation of the different Member States. Given the optional character of the amendment
Carry-back of losses: law published – listen to our podcast
On 1 July 2020, the law on the temporary tax exemption of profits in anticipation of tax losses realized in the COVID-19 period (the so-called tax loss “carry-back” system) was published in the Belgian Official Gazette. The new law aims to strengthen the liquidity and solvency of companies that were in a sound condition but
