Taxation of Insurance Premiums in the EU Cross-Border Insurance Business

2021 ◽  
Vol 3 (108) ◽  
pp. 52-70
Author(s):  
Anna Tarasiuk ◽  
Bracken Crossley
Keyword(s):  
Value Added ◽  
Insurance Premium ◽  
Point Of View ◽  
Insurance Companies ◽  
Insurance Premiums ◽  
Insurance Contracts ◽  
Cross Border ◽  
Tax Exemptions ◽  
Court Of Justice ◽  
The Eu

As in many other cases of business activity, the performance of insurance activity involves various types of tax charges. Insurance contracts, having been excluded from the scope of value-added tax at the EU level, are subjected to taxes specific to insurance activity, namely insurance premium taxes, which are discussed in the article. However, insurance premium tax regulations are not harmonised at the EU level and vary immensely from one country to another. In fact, in some EU countries, including Poland, no such taxes have been implemented whatsoever. The issue discussed in the article is related to the fact that an increasing number of insurance companies perform insurance activity on a cross border basis. From this point of view, although there is no such tax in Poland, it may be of great importance to Polish insurance companies that insure risks located outside Poland. The regulations concerning the insurance premium tax depend on internal decisions of individual European Union countries, both in terms of the introduction of such tax, exemptions, and rates, and they may differ significantly across those jurisdictions. Due to the nature of cross-border activity and the rules on the localisation of the risk associated with the taxation of premiums, it was not clear whether and to what extent, in the case of insurance of risks located outside Poland, a tax obligation arises in respect of insurance premiums. These questions were addressed by the Court of Justice of the EU in several cases (C-118/96, C191/99, C-243-11). The CJEU decisions have revealed the multifaceted complexity inherent to the taxation of cross border insurance contracts.

DEFINITION OF THE REGISTERED OFFICE OF POLISH COMMERCIAL COMPANY AND THE PROCEDURE OF ITS CROSS-BORDER TRANSFER TO THE EU

2020 ◽  
Vol 2 (XX) ◽  
pp. 293-301
Author(s):  
Tomasz Słapczyński
Keyword(s):  
Case Law ◽  
Point Of View ◽  
The European Union ◽  
Cross Border ◽  
Court Of Justice ◽  
Commercial Company ◽  
Economic Markets ◽  
Registered Office ◽  
Definition Of ◽  
The Eu

The study characterizes the problem of transferring the registered office of a Polish commercial company and the dependence of its procedures on the definition and interpretation of the concept of a commercial company. This problem is significant from the point of view of the procedure of transferring the company’s registered office. Case law and doctrine and are not in the same line when the definition of registered office of polish commercial company is on the topic. The significance of this issue indirectly influence on the rules of freedom of economic markets. The goal of the article thesis is to describe a unite point of view, by linguistic and functional analysis of national and EU law, case law of the Polish jurisdiction and the Court of Justice of the European Union. The doctrine is also important. The transfer of a commercial company abroad is an important problem from the point of view of economic freedom and guarantees in force in the EU. It is reasonable to assume that the registered office of the Polish commercial company is the registered office, which consequently raises fewer problems during the transfer procedure. An attempt to confirm the above thesis will be included in the following text by analyzing the aforementioned national and EU regulations, case law of the Polish courts and the CJEU. The term ‚registered office of a commercial company’ can be interpreted differently

Do National Activation Measures Stand the Test of European Law on the Free Movement of Workers and Jobseekers?

2010 ◽  
Vol 12 (1) ◽  
pp. 81-103
Author(s):  
Herwig Verschueren
Keyword(s):  
Labour Market ◽  
Point Of View ◽  
Free Movement ◽  
European Law ◽  
European Level ◽  
The Third ◽  
Cross Border ◽  
Legal Context ◽  
Free Movement Of Workers ◽  
The Eu

Abstract This article examines the compatibility of national measures taken to stimulate non-active people to enter the labour market (the so-called activation measures) with European law on the free movement of workers and jobseekers. It will first give a short overview of the objectives of the European employment strategy, more specifically with regard to the activation of workers. Subsequently it will sketch the European legal context of the free movement of workers and jobseekers, with special attention for the measures taken at the European level to enable and stimulate labour migration within the EU and thus create a European labour market. In the third part, by way of example, we will have a closer look at a number of activation measures taken in Belgium and examine which problems could arise in cross-border applications from the point of view of European law.

European Arrest Warrants and Minimum Standards for Trials in absentia – Blind Trust vs. Transnational Direct Effect?

2021 ◽  
Vol 11 (3) ◽  
pp. 275-287
Author(s):  
Martin Böse
Keyword(s):  
Mutual Recognition ◽  
Minimum Standard ◽  
Minimum Standards ◽  
Cross Border ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
The Right ◽  
Procedural Rights ◽  
Cross Border Cooperation ◽  
The Eu

The right of the accused person to be present at the trial and defend himself in person forms an essential part of the right to a fair trial. In this regard, the minimum standard enshrined in Art. 6 ECHR has been further developed by the minimum rules on procedural rights established by the EU legislator. According to a recent judgment of the Union’s Court of Justice, the Framework Decision on the European Arrest Warrant still allows the executing state to surrender a person convicted in absentia even if the EU minimum standard is not met. This paper will argue that common minimum standards have repercussions on cross-border cooperation based on mutual recognition and may emerge as a ground for refusal.

Definition of “Waste” in Cross-Border Context: Un-Typical Story of TPS-NOLO (Geobal)

2020 ◽  
pp. 1-15
Author(s):  
David Hadrousek
Keyword(s):  
Member State ◽  
European Commission ◽  
Cross Border ◽  
Court Of Justice ◽  
Definition Of ◽  
The Eu ◽  
As If

The boundaries of EU waste legislation are drawn by the definition of “waste”. This is also true of the Waste Shipments Regulation. What if the authorities of dispatch and destination disagree on the classification of a particular substance? A recent judgment of the EU Court of Justice shows that the rule according to which, in case of such a disagreement, the substance “shall be treated as if it were waste” is in the end of limited value. There is no way the European Commission or the Member State of (typically) destination can win their case on this basis.

scholarly journals Cross-border company migration in the EU: Transfer of registered office (conversion) – the last piece of the puzzle? Case C-106/16 Polbud, EU:C:2017:804

2018 ◽  
Vol 25 (1) ◽  
pp. 87-107
Author(s):  
Stephan Rammeloo
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Cross Border ◽  
Court Of Justice ◽  
Registered Office ◽  
Legislative Measures ◽  
Proper Balance ◽  
The Eu

On 25 October 2017 the Court of Justice of the European Union (CJEU) provided for a preliminary ruling in its Polbud judgment concerning a cross-border company conversion. This conversion had to be accomplished by transferring the company’s registered office from one EU Member State to another. The Court’s ruling – first, that such a transfer, whether or not involving at the same time the company’s headquarters or economic conduct, falls within the ambit of Articles 49 and 54 of the Treaty of the Functioning of the European Union (TFEU) on freedom of establishment, and, second, that legislative measures imposed on the migrating company by the Member State of origin entailing the winding-up of the company on the conclusion of a liquidation procedure are precluded – deserves approval. The Polbud judgment not only provides for clarity but also further completes the options of cross-border migration operations for companies and firms. At the same time, however, the Court’s ruling demonstrates the need to establish uniform legislative standards at the EU level, safeguarding the interests of all company stakeholders under the reign of Article 52 subsection 2 litera (g) TFEU. Both the experience with Directive 2005/56/EC on cross-border mergers and, from the late eighties of last century onwards, various initiatives having resulted in consecutive ‘pre-drafts’ for a Cross-border Company Migration Directive, may serve as guideline for further harmonisation in the field related. It is now for the Commission to take action, seeking a proper balance between the potentially diverging interests of all company stakeholders.

Common Law, Civil Law, and the Single European Market for Insurances

2006 ◽  
Vol 55 (4) ◽  
pp. 879-910 ◽  
Author(s):  
Giesela Rühl
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Contract Law ◽  
Insurance Contract ◽  
Insurance Companies ◽  
Insurance Supervision ◽  
Insurance Contracts ◽  
Cross Border ◽  
Single European Market ◽  
Consumer Insurance

AbstractFifty years after the foundation of the European Communities, the single market for insurances has not yet become a reality. Despite the harmonization of insurance supervision law, insurance companies still essentially refrain from cross-border activity when it comes to small commercial and consumer risks. Since this finding is usually attributed to the lack of common rules on insurance contracts, this article sets out to lay the foundation for the harmonization of the corresponding national laws. By providing a comparative analysis of two of the most pervasive issues in consumer insurance contract law, the article proves that common law and civil law are not as far apart as commonly assumed. It thus refutes the widely held belief that the insurance contract laws of common law and civil law countries are too different to be harmonized.

scholarly journals The definitive VAT system and its impact on tax collection

2021 ◽  
Vol 10 (2) ◽  
pp. 146-166
Author(s):  
Hana Zídková ◽  
Kristýna Balíková
Keyword(s):  
Large Scale ◽  
Positive Impact ◽  
Value Added ◽  
Individual Member ◽  
Tax Collection ◽  
Member States ◽  
Administrative Costs ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
The Eu

Value Added Tax (VAT) is a significant source of fiscal revenues in the EU. However, the VAT treatment of cross-border supplies enables large-scale tax frauds, such as the Missing Trader Intra-Community (MTIC), which takes each year billions of euros from Member States' public budgets. In 2016 a definitive VAT system was proposed by the European Commission to respond to the shortcomings of the current temporary system. This new system should reduce the possibilities of MTIC fraud for intra-community transactions through the collection of VAT by the supplier in the same way as for domestic transactions. The tax collection by the supplier would impact the administrative costs of the financial authorities. This paper contributes to the discussion about the advantages and disadvantages of the newly suggested system. The analysis focuses on the study of the change in administrative costs and VAT revenues for individual Member States and across the EU. The results are that after implementing the definitive VAT system, total administrative costs of the Member States would increase at least by EUR 107 million, whereas total VAT revenues would rise by EUR 40 billion. This indicates the overall positive impact of the definitive VAT system for the EU. However, individual Member States would not benefit equally. The net exporters, whose intra-community supplies exceed the intra-community acquisitions, would spend more than others for the collection of VAT in connection with the international trade of goods.

scholarly journals The quality of public finance in the light of fiscal governance concept: implications for the European Union countries

Equilibrium ◽  
2018 ◽  
Vol 13 (3) ◽  
pp. 411-426
Author(s):  
Aneta Kargol-Wasiluk ◽  
Anna Wildowicz-Giegiel
Keyword(s):  
Public Finance ◽  
Descriptive Analysis ◽  
Value Added ◽  
Principal Component ◽  
Research Area ◽  
Point Of View ◽  
Fiscal Rules ◽  
The European Union ◽  
The Eu

Research background: The research area on the quality of public finance (QPF) appears to be intellectually attractive. In the light of the challenges of the 21st century, public finance should be characterized by adequate quality, ensuring effective implementation of the economic functions of government. The problem of QPF is increasingly more frequent in the face of a deteriorating fiscal situation of most countries in Europe and around the world. Hence, it is worth considering which factors determine the quality of public finance. Purpose of the article: This article aims to show the possibility of assessing the quality of public finance in the light of fiscal governance concept.  The identification of the key components of QPF seems to be useful from the point of view of empirical research, and can be implemented to assess the quality of public finance in the EU–28. Methods: Descriptive analysis along with principal component analysis (PCA) was implemented to indicate dimensions of QPF. Findings & Value added: The quality of public finance consists of a well-designed fiscal rules (numerical and non-numerical) and institutions, as well as structural reforms. The obtained results allow to characterize the quality of public finance through the prism of six identified principal components. They have a mixed character, two of them are partly or totally related to the institutional aspects of public finance, which proves their importance in the process of improving the quality of public finance. Improving the quality of public finance remains a key challenge for policy makers in the EU. The growing impact of globalization and the aging population also cause the need to improve the qualitative aspects of fiscal policy. The study contributes to the literature on public finance, particularly in the empirical dimension through broadening the knowledge on institutional factors which can be used to measure QPF index. The results of research have certainly enriched the existing knowledge on the phenomenon of QPF and the ways of its measurement.

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