scholarly journals Implementation of EU Merger Directive into the Slovak Legislation and Certain Selected Types of Restructuring of Business in the Slovak Republic

2014 ◽  
Vol 3 (1) ◽  
pp. 37-41
Author(s):  
Renáta Krajčírová ◽  
Alexandra Ferenczi Vañ’ová
Keyword(s):  
Slovak Republic ◽  
Point Of View ◽  
Member States ◽  
Common System ◽  
Council Directive ◽  
Legal Implications ◽  
Registered Office ◽  
The Common

Abstract (EN) The article presents and explains transactions of restructuring of businesses in respect of taking over transactions from the Slovak and European tax point of view. The merger transactions from the tax perspective are regulated by The Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States. In this respect, the article analyzes certain selected types of restructuring of businesses, such as (i) sale of business or the part of business, (ii) contribution in kind of business or the part of business, (iii) merger transaction from the selected Slovak legal implications that can be used in the agribusiness sector.

scholarly journals Changes in VAT rates during the economic crisis

2011 ◽  
Vol 59 (2) ◽  
pp. 339-346 ◽  
Author(s):  
Jan Široký ◽  
Anna Kovářová
Keyword(s):  
Economic Crisis ◽  
Value Added ◽  
Individual Member ◽  
Tax Rates ◽  
Value Added Tax ◽  
Member States ◽  
Common System ◽  
Council Directive ◽  
The Common ◽  
Legal Constraints

To solve the current economical crisis, there are used various tools of economic policy. Some of them are changes in taxes, particularly changes in the value added tax due to its importance.Value added tax is the most harmonized tax in the single internal market of the European Communities. Although community law defines the basic legal constraints of VAT rules in individual countries, the Council Directive 2006/112/EC on the common system of value added tax, as amended, leaves some areas open for the Member States. One of the main characteristics of VAT is its tax rates which are – while maintaining specified minimal borders – in competency of Member States.Paper illustrates and evaluates the changes in tax rates of individual Member States during the economic crisis and points to their context and consequences.

scholarly journals The proposal of taxation of international passenger transport with respect to the including into the travel services

2012 ◽  
Vol 60 (4) ◽  
pp. 299-306
Author(s):  
Milena Otavová ◽  
Veronika Sobotková
Keyword(s):  
Comparative Analysis ◽  
Slovak Republic ◽  
Value Added ◽  
Individual Member ◽  
Passenger Transport ◽  
Value Added Tax ◽  
Member States ◽  
Transport Services ◽  
Council Directive ◽  
Travel Services

Generally, international passenger transport is exempt from the value added tax, in the case of air transport. International road passenger transport is however liable to taxation. However, the Council Directive on Value Added Tax contains a number of variations in the frame of the taxation of international passenger transport both for the states that joined the Community after January 1, 1978 and also for countries that were members of the Community on January 1, 1978. The international passenger transport is therefore rather problematic field due to a number of exceptions for individual Member States. It is on the providers or recipients of transport services to inform correctly about the taxation of international road transport and to pay properly the tax. The aim of the article is to evaluate the possibilities of the taxation of international passenger transport in the Czech Republic, Austria, Slovak Republic, Germany and Poland and to determine how the taxation of international passenger transport affects the tax liability and price of travel services provided in this country. From the comparative analysis it is evident that the tax paid abroad should be included in the total price of the purchased service. Based on the comparative analysis there will be a proposal for the taxation of international passenger transport so that the tax collection in the monitored countries would be simplified. The proposal recommends to unify an approach during the taxation of international passenger transport for all Member States of the European Union in order to reduce administrative costs on the part of the governments and individual entities.

scholarly journals Joined Cases C-643/15 and C-647/15 Slovak Republic and Hungary v Council of the European Union

2020 ◽  
Vol 8 (2) ◽  
pp. 141-154
Author(s):  
Anna Doliwa-Klepacka
Keyword(s):  
Slovak Republic ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Council Decision ◽  
Legal Nature ◽  
Management Measure ◽  
The Common ◽  
First Time ◽  
The Eu

In the commented judgment the Court of Justice has, for the first time, made an analysis of the legal nature of Article 78(3) TFEU including in particular the understanding of the concepts contained in that provision and the conditions for its application. This provision allows the Council to adopt the non-legislative acts in case of a sudden influx of migrants from third countries into the territory of the Member States. The Court also characterized the temporary relocation mechanism as a part of the common asylum system of the EU and a crisis management measure and examined the provisions of Council Decision 2015/1601, obligating the Member States to relocate 120000 persons staying in Italy and Greece – in the light of the notions used in Article 78(3) TFEU.

scholarly journals Guarantee for the value added tax

2020 ◽  
Vol 20 (4) ◽  
pp. 35-52
Author(s):  
Michael Feldek
Keyword(s):  
Value Added ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
Value Added Tax ◽  
Common System ◽  
Court Of Justice ◽  
Council Directive ◽  
The Common ◽  
Descriptive Method

The paper examines legal disputes arising from the questionable implementation of article 205 of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax into the Czech legal order. The main aim of the paper is to find out whether the provisions resulting from that implementation are applicable, and if so under what conditions. Author draws conclusions mainly from case law of the Court of Justice of the European Union and Czech Supreme Administrative Court and uses analysis, synthesis and descriptive method.

scholarly journals VIENETŲ REORGANIZAVIMO AR PERLEIDIMO METU KYLANČIŲ KLAUSIMŲ SPRENDIMAS ATSIŽVELGIANT Į EUROPOS SĄJUNGOS TEISINGUMO TEISMO PRAKTIKĄ

Teisė ◽  
2014 ◽  
Vol 91 ◽  
pp. 193-211
Author(s):  
Agnė Petkevičiūtė
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Common System ◽  
Court Of Justice ◽  
Council Directive

Straipsnyje, siekiant atsakyti į kai kuriuos reorganizavimo ar turto perleidimo atvejais kylančius klausimus, analizuojama Europos Sąjungos Teisingumo Teismo praktika aiškinant 1990 m. liepos 23 d. Tarybos direktyvą Nr. 90/434/EEB dėl bendros mokesčių sistemos, taikomos įvairių valstybių narių įmonių jungimui, skaidymui, turto perleidimui ir keitimuisi akcijomis (su vėlesniais pakeitimais ir papildymais). The author of the article, seeking to address some issues rising in the case of reorganizations or transfers, analyses the practice of the Court of Justice of the European Union in interpreting the provisions of the Council Directive of 23 July 1990 90/434/EEC on a common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (as amended).

Value Added Tax and Carousel Fraud Schemes in the European Union and the Slovak Republic

2018 ◽  
Vol 26 (2) ◽  
pp. 132-159
Author(s):  
Natália Hangáčová ◽  
Tomáš Strémy
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Value Added ◽  
Penal Code ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Member States ◽  
Economic Changes ◽  
Common System ◽  
Existing Problems

The aim of this contribution is to elaborate on the institute of VAT frauds, with emphasis on Carousel frauds. This document provides compact information concerning VAT fraud schemes within the European Union, problems within the EU VAT system, which was put into force in 1993 and strategises how to tackle VAT frauds as well as de lege ferenda proposals, especially in a view of the European Commission’s proposed solution on the EU’s common system of VAT. This article focuses on details of functioning of the EU VAT system, it explains relevant sections of the Slovak Penal Code Act pointing out legal issues in practise including examples of criminal conducts falling within the definitions of relevant sections of the Slovak Penal Code Act. This article demonstrates patterns of how carousel frauds are committed, how they evolved as a consequence of globalisation, economic changes, elimination of internal borders and electronic services. Authors chose the very actual topic of carousel frauds in order to reveal the commission of VAT evasions, focus on existing problems and to emphasise the need for improvement of the European Union legislation in the field of VAT frauds. The contribution aims at proposing the solution for minimising the VAT gap. The article utilises a descriptive approach to explain into detail functioning of the carousel frauds due to the fact that patterns used are complicated using a lot of companies to coved fraudulent transactions. Many times legal businesses are used to confuse law enforcement agencies as well as tax authorities of Member States when investigating commitment of VAT frauds e.g. Missing trader intra-Community fraud. In practise even courts have problems to determine which criminal offence of the Slovak Penal Code Act was committed. The article also provides in its Annex I the citations of the Slovak Penal Code Act which is beneficial to experts from Member States of the European Union to compare their jurisdiction to laws applicable in the Slovak Republic to bring the legislations closer or to subject the Slovak legislation to criticism.

scholarly journals THE COMMON SYSTEM ON THE VALUE ADDED TAX OF THE EUROPEAN UNION APPLIED TO THE INTRA-COMMUNITY OF PURCHASES OF MOTOR VEHICLES

2021 ◽  
Vol 14(63) (2) ◽  
pp. 73-78
Author(s):  
Steliana Busuioceanu ◽  
Keyword(s):  
European Union ◽  
Value Added ◽  
Motor Vehicles ◽  
The European Union ◽  
Value Added Tax ◽  
Common System ◽  
Goods And Services ◽  
Council Directive ◽  
Title Vi ◽  
The Common

The common system of value added tax (VAT) of the European Union (EU) is implemented through Directive 2006/112/EC amending the text of Directive 6, namely of Council Directive 77/388/EC of May 17th 1977 to clarify the existing EU VAT legislation. This tax applies to all transactions made in the EU by a natural person or a legal entity called a taxable person, who provides goods and services in the course of their business. Moreover, imports of goods and services by any taxable person are also subject to VAT. The intra-community purchase of means of transport represents the entry into Romania of motor vehicles coming from member states of the European Union, goods that are transported from another member state to Romania. The fiscal treatment is very different depending on the specifics of each particular circumstance at the intra-community purchase and it is regulated by Title VI of the Tax Code which transposes the provisions of Directive 2006/112/EC. We aim at analyzing and capturing the accounting and fiscal diversity generated by these particular circumstances in the intra-community purchase of motor vehicles.

scholarly journals The Crimea Declaration and Its Role in the De-Occupation of Crimea

2019 ◽  
pp. 638-646
Author(s):  
Tymur Korotkyi ◽  
Yevheniia Lukianchenko ◽  
Nataliia Khendel
Keyword(s):  
International Law ◽  
The United States ◽  
Point Of View ◽  
Territorial Integrity ◽  
Legal Implications ◽  
The Us ◽  
The Crimea ◽  
The Russian Federation ◽  
The Common

The article analyses the role of the Crimea Declaration in the restoration of the territorial integrity of Ukraine. It is argued that unilateral acts of states are widespread in international relations. Violation of the sovereignty and territorial integrity of Ukraine, the annexation of Crimea is an encroachment not only on the sovereignty and territorial integrity of Ukraine. This is an infringement upon the fundamental principles of international law and the current international order. The article considers the point of view of the American diplomatic practice in relation to the Crimea Declaration. The Crimea Declaration is expressed in the form of a unilateral statement containing a protest regarding actions and their consequences, violating international law, by the direct recipient of the Declaration, namely, the Russian Federation. The Declaration is aimed at protecting the rights and interests of Ukraine, which is the common goal of the entire international community, and encourages its members to join this position. The Crimea Declaration fully corresponds to the definition and criteria of protest, which allows us to speak about the relevant international legal implications arising from the Declaration and other relevant acts of the United States that form a unified system. It is concluded that despite the fact that the Declaration contains general and framework provisions, it clearly reflects the US position regarding the condemnation of Russia’s invasion of Ukraine, violation by Russia of fundamental principles of international law with regard to Ukraine, the non-recognition of the annexation of Crimea and its consequences, and the need for an expeditious de-occupation of Crimea. Keywords: the aggression of Russia against Ukraine, occupation of Crimea, Welles Declaration, Crimea Declaration, protest.

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