A new survey conducted by PricewaterhouseCoopers has revealed that tax legislation in a number of European Union member states could directly contravene freedoms enshrined in the EC treaty.
Speaking following the release of the survey, international corporate tax partner, Peter Cussons explained that:
'Since the 1980s some 84 direct tax cases have been heard by the ECJ (European Court of Justice) from various EU member states and of these 80 have seen the taxpayer win - an unprecedented 95% success rate. This trend led PricewaterhouseCoopers to conduct a survey of six domestic tax legislation areas within 12 of the 15 EU member states. The results concluded that over 75% are potentially illegal under EU law.'
The PwC study revealed that the areas in which the 12 EU member states were potentially in breach of European law are: the treatment of domestic versus foreign dividends, the absence of cross border relief, thin capitalisation issues, company migration toll charges, cross border transfer pricing, and treatment of controlled foreign companies (CFCs).
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