• Service: Tax, International Tax
  • Type: Regulatory update
  • Date: 8/7/2013

EU - Member States’ rights to tax profits; EU conflicts 

August 7: The Court of Justice of the European Union issued a judgment in a case that may be seen as the latest in a line illustrating the tension that can arise between EU law and an EU Member State’s rights to tax profits arising within its jurisdiction. Argenta Spaarbank NV v. Belgische Staat, C-350/11 (4 July 2013).

Read an initial discussion of the CJEU’s judgment in the Argenta case in TaxNewsFlash-Europe: Belgium - Refund opportunities under judgment concerning notional interest deduction

KPMG observation

While taxpayers and their advisors seek clear guidance, this is often lacking as a result of certain approaches of the CJEU in interpreting EU tax law.

The Argenta judgment illustrates the conundrum and may offer a starting point for discussions in the tax community as its seeks greater clarity and legal certainty for taxpayers

Read an August 2013 report [PDF 200 KB] prepared by KPMG’s EU Tax Centre: Argenta - a plea for EU legal certainty

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