The General Court of the European Union has concluded in two recent judgments that the burden of proof for the existence of state aid in the tax rulings issued by the tax authorities to companies lies with the European Commission (EC).
Corporate income tax.- The gain obtained from an exchange and subject to deferred taxation must benefit from the tax regime existing when the shares are subsequently transferred
Corporate income tax.- The auditors cannot adjust deduction of allowance for impairment of investments in equity securities in respect of dividends received in statute-barred years
Administrative procedure.- Determining different periods for appealing against decisions according to whether or not they are in breach of the Constitution or EU law may not be consistent with the principles of equivalence and effectiveness
Audit procedure.- The tax authorities cannot hold that transactions in statute-barred periods before July 1, 2004 were performed with evasion of the law
Management and audit procedure.- Tax obligations audited by the tax authorities cannot be reviewed again
Penalty procedure.- Penalty procedures over failure to comply with requests from the authorities expire in three months