scholarly journals Permanent Establishment – New Concept

2019 ◽  
pp. 445-456
Author(s):  
César García Novoa

The permanent establishment is an essential concept in International Tax Law. The traditional definition was based on the existence of a fixed place of business. At present, the new economy requires a change in the concept of permanent establishment. The topic of permanent establishment is based today on the so-called sufficient economic presence. The European Union is working on the definition of a permanent digital establishment.

Author(s):  
Milena Otavová ◽  
Veronika Sobotková

The domain of value-added tax has been already fully harmonized. Its regulation dwells on the Council Directive 2006/112/EC on the common system of value-added tax, and all member countries of the European Union are obliged to provide for the implementation of this Directive into their national legislations similarly as the Czech Republic, which entered the European Union on 1 May 2004. The Act no. 235/2004 Coll. on the value-added tax as amended (hereinafter „value-added tax law“) should be therefore in line with the Directive. In reality however, some issues in the VAT law have not been fully harmonized yet. One of these issues is for example the application of a special routine for travel services according to §89 of the VAT law, which is in essential contradiction with the Directive in question, the controversial point being definition of the person of customer whom the Directive understands in a different way than the VAT law. Thus, the characterization of the problem based on the Czech and EU legislations with respect to jurisdiction of the Court of Justice of the European Community forms a framework of the paper. Based on a comparative analysis of the application of special and ordinary routines in providing travel services to the customer by the taxpayer, tax incidence in his assessment base is determined. At the same time, the paper also includes a proposal for the change of the definition of customer in the VAT law so that the application of the given routine is fully in line with the EU Directive.


2017 ◽  
Vol 18 (1) ◽  
pp. 11-15
Author(s):  
Patrícia Anjos Azevedo

O critério da residência determina que a tributação do rendimento deverá ser levado a cabo, independentemente do local da fonte de tal rendimento. A condição de residente supõe a presença (real ou presumida) no território de um determinado local. Os Estados, com vista à legitimação da tributação, com base no critério da residência, costumam se basear no fato de que os contribuintes deverão contribuir para a obtenção de receitas, por parte do Estado, no qual são considerados residentes, o que se verifica em virtude de uma conexão de natureza pessoal. O critério da residência se materializa em uma tributação universal ou ilimitada, já que o Estado da residência tem o direito de tributar os rendimentos obtidos pelos seus residentes, independentemente do local de onde sejam originários. Ora, a tributação de acordo com o critério da residência é uma construção, que permite tributar o rendimento dos contribuintes considerados residentes em determinada jurisdição, independentemente do local da sua obtenção. Todavia, quer o direito fiscal da União Europeia (através de diretivas), quer as Convenções de Dupla Tributação, remetem a definição de residente para os diferentes ordenamentos jurídicos, não existindo assim um conceito de residente autonomamente considerado. O problema é que, não sendo uniformes os critérios utilizados para determinar a residência, é possível que um contribuinte seja considerado residente em mais de um Estado, o que se traduz em um conflito positivo de residência. Palavras-chave: Direito Fiscal da União Europeia. Convenções de Dupla Tributação. Conflito Positivo de Residência.AbstractThe residence criterion determines that income taxation must be carried out irrespective of the place of source of such income. The resident status assumes the presence (real or presumed) in a certain territory. The States, with a view to legitimizing taxation on the basis of the criterion of residence, usually base it on the fact that taxpayers are expected to contribute towards obtaining income from the State in which they are considered residents, which is due to a connection of a personal nature. The residence criterion brings a universal or unlimited taxation, since the State of residence has the right to tax the income obtained by its residents, irrespective of the place of origin. However, taxation according to the residence criterion is a construction which allows taxation of taxpayers’ income who are resident in a particular jurisdiction, irrespective of the place where they are obtained. But, both the European Union tax law (through directives) and the Double Taxation Conventions refer to the domestic definition of resident of different legal systems, so, there is no autonomous concept of resident. The problem is that, since the criteria used to determine residence are not uniform, it is possible for a taxpayer to be considered as resident in more than one State, which results in a positive tax conflict of residence.Keywords: Tax Law of the European Union. Double Taxation Conventions. Positive Tax Conflict of Residence.


2019 ◽  
pp. 155-168
Author(s):  
Dominik J. Gajewski

The objective of this paper is the analysis of the influence of European Union legal regulations, as well as international tax law on the development of tax law applicable to holding companies. It is particularly relevant for entities – holding companies conducting cross-border operation within the European Union. Currently, international holding companies create their tax strategies using internal domestic legal reg ulations, EU tax law, and international tax law (based on numerous agreements on avoiding double taxation). This contributes to creating tax optimisation policies that frequently boil down to international tax avoidance. Undoubtedly, the judicial decisions of the Court of Justice of the European Union have also influenced the development of tax law applicable to holding companies. Due to the lack of harmonisation of tax law applicable to international holding companies, the Court of Justice endeavours to support the processes of standardisation of the tax systems that these entities are covered by.


2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.


2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.


2021 ◽  
Vol 13 (9) ◽  
pp. 4772
Author(s):  
Hanna Klikocka ◽  
Aneta Zakrzewska ◽  
Piotr Chojnacki

The article describes and sets the definition of different farm models under the categories of being family, small, and large-scale commercial farms. The distinction was based on the structure of the workforce and the relationship between agricultural income and the minimum wage. Family farms were dominated by the farming family providing the labour and their income per capita exceeded the net minimum wage in the country. The larger commercial farms feature a predominance of hired labour. Based on surveys, it was found that in 2016 in the EU-28 there were 10,467,000 farms (EU-13—57.3%, EU-15—42.7%). They carried out agricultural activities on an area of 173,338,000 ha (EU-13—28.5%, EU-15—71.5%). Countries of the EU-28 generated a standard output (SO) amounting to EUR 364,118,827,100 (EU-13—17.2% and EU-15—82.8%). After the delimitation, it was shown that small farming (70.8%) was the predominant form of management in the European Union (EU-13—88.2% and EU-15—79.8%) compared to family farming (18.4%) (EU-13—10.5% and EU-15—29%). In most EU countries the largest share of land resources pertains to small farms (35.6%) and family farms (38.6%) (UAA—utilised agricultural area of farms).


2010 ◽  
Vol 40 (4) ◽  
pp. 701-713 ◽  
Author(s):  
Philipp Nielsen

Writing the history of a continent is generally a tricky business. If the continent is not even a real continent, but rather ‘a western peninsula of Asia’ (Alexander von Humboldt) without a clear definition of where the continent becomes peninsula, things do not get any easier. Despite these problems there is no dearth of trying. In fact, writing European histories seems to become more fashionable by the year — ironically just as the political and institutional expansion of Europe is losing steam. While the European Union is catching its breath, the historians are catching up. With the first wave of post-Euro and post-big-bang-Enlargement literature written, it is time for the reviewer to survey the landscape — and to provide some guideposts for future exploration.


2020 ◽  
Vol 8 (11) ◽  
pp. 449-454
Author(s):  
Kamen Petrov ◽  

The exhibition presents the problems of cross-border cooperation and opportunities for partnership. Within the European Union, conditions are created for regional development on the national territory, as well as for border and cross-border cooperation. In this direction, the article outlines the processes of building a number of Euroregions, which are designed to promote regional development. This report will clarify some of the reasons for their construction, their role and what model of cooperation is available within the European Economic Area.


2019 ◽  
Vol 24 (16) ◽  
Author(s):  
Johanna J Young ◽  
Denis Coulombier ◽  
Dragoslav Domanović ◽  
Hervé Zeller ◽  
Céline M Gossner ◽  
...  

West Nile virus (WNV) infection is notifiable in humans and equids in the European Union (EU). An area where a human case is detected is considered affected until the end of the mosquito transmission season (week 48) and blood safety measures have to be implemented. We used human and equine case notifications between 2013 and 2017 to define the WNV distribution in the EU and to investigate the relevance of using equine cases as a complementary trigger for blood safety measures. Adding areas with equine cases to the definition of an affected area would have a major impact on blood safety measures. Adding areas with equine cases where human cases have been reported in the past would increase the timeliness of blood safety measures with only a limited impact. Although the occurrence of human and/or equine cases confirms virus circulation in the EU, no evidence was found that occurrence of equine cases leads to human cases and vice versa. We conclude that information about equine data should contribute to raising awareness among public health experts and trigger enhanced surveillance. Further studies are required before extending the definition of affected areas to areas with human and/or equine cases.


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