Einde inhoudsopgave
Treaty Application for Companies in a Group (FM nr. 178) 2022/2.3.3.1
2.3.3.1 Introduction
L.C. van Hulten, datum 06-07-2022
- Datum
06-07-2022
- Auteur
L.C. van Hulten
- JCDI
JCDI:ADS657672:1
- Vakgebied(en)
Europees belastingrecht / Richtlijnen EU
Vennootschapsbelasting / Fiscale eenheid
Internationaal belastingrecht / Belastingverdragen
Vennootschapsbelasting / Belastingplichtige
Voetnoten
Voetnoten
Or collaboration or coordination.
A. Agúndez-Garcia, ‘The Delineation and Apportionment of an EU Consolidated Tax Base For Multi-Jurisdictional Corporate Income Taxation: A Review Of Issues and Options’, European Commission Directorate-General Taxation & Customs Union Working Paper 2006, no. 9, p. 11-12.
W. Hellerstein & C.E. McLure, Jr., ‘The European Commission’s Report on Company Income Taxation: What the EU Can Learn from the Experience of the US States’, International Tax and Public Finance 2004, vol. 11, no. 2, par. 3.1.
M.F. de Wilde, ‘Sharing the Pie’; Taxing Multinationals in a global market, Amsterdam: IBFD 2017, par. 4.4.2.2.
A. Agúndez-Garcia, ‘The Delineation and Apportionment of an EU Consolidated Tax Base For Multi-Jurisdictional Corporate Income Taxation: A Review Of Issues and Options’, European Commission Directorate-General Taxation & Customs Union Working Paper 2006, no. 9, p. 11-12.
The second main element of a group that constitutes a single entity from an economic perspective is the fact that there is integration1 within the group.2 There should be an economic unity with organizational alliance. Solely controlling an entity does not necessarily mean that the parent and subsidiary company form one integrated business enterprise. If two commonly owned entities have no economic ties with one another, except the ownership by a common parent, there is no group from an economic perspective.3 The shareholder may hold the interest for the purposes of trading it as stock or as a portfolio investment.4 Therefore, it should be determined whether there is an integrated business. There should be an economic value flow between the various parts of the economic enterprise. The group members should have intra-group economic relationships, with business activities that ‘are integrated with, dependent on and/or contribute to each other’.5
First, integration as such is described on a high-level basis. Subsequently, the difference between shareholdings held as current floating assets versus capital assets is elaborated upon. The section is finalized with an interim conclusion.