Country Notes: First Domestic Decisions on the 2015 Parent-subsidiary Directive GAAR Implementation: Guiding Principles for EU Member States?

Jakob Bundgaard, Louise Fjord Kjærsgaard, Lars Bo Aarup

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

Guidelines regarding the interpretation and the scope of the new Parent-Subsidiary Directive general anti-avoidance rule (GAAR) have been awaited ever since the implementation in 2015. Two recent decisions by the Danish Tax Board involving the application of the new Parent-Subsidiary Directive GAAR may contribute towards establishing such interpretation guidelines. The decisions appear to be neither of a principled nature nor sufficiently well justified by the Danish tax administration. No thorough assessment of the individual conditions of the GAAR seems to have been undertaken, as the
Danish tax authorities in each decision appear to engage in GAAR considerations solely by arguing that a tax advantage is obtained which would not otherwise have been obtained, had the arrangement or series of arrangements not been put into place.
Guidelines regarding the interpretation and the scope of the new Parent-Subsidiary Directive general anti-avoidance rule (GAAR) have been awaited ever since the implementation in 2015. Two recent decisions by the Danish Tax Board involving the application of the new Parent-Subsidiary Directive GAAR may contribute towards establishing such interpretation guidelines. The decisions appear to be neither of a principled nature nor sufficiently well justified by the Danish tax administration. No thorough assessment of the individual conditions of the GAAR seems to have been undertaken, as the
Danish tax authorities in each decision appear to engage in GAAR considerations solely by arguing that a tax advantage is obtained which would not otherwise have been obtained, had the arrangement or series of arrangements not been put into place.
LanguageEnglish
JournalIntertax
Volume46
Issue number8-9
Pages716-724
Number of pages17
ISSN0165-2826
StatePublished - 2018

Cite this

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title = "Country Notes: First Domestic Decisions on the 2015 Parent-subsidiary Directive GAAR Implementation: Guiding Principles for EU Member States?",
abstract = "Guidelines regarding the interpretation and the scope of the new Parent-Subsidiary Directive general anti-avoidance rule (GAAR) have been awaited ever since the implementation in 2015. Two recent decisions by the Danish Tax Board involving the application of the new Parent-Subsidiary Directive GAAR may contribute towards establishing such interpretation guidelines. The decisions appear to be neither of a principled nature nor sufficiently well justified by the Danish tax administration. No thorough assessment of the individual conditions of the GAAR seems to have been undertaken, as theDanish tax authorities in each decision appear to engage in GAAR considerations solely by arguing that a tax advantage is obtained which would not otherwise have been obtained, had the arrangement or series of arrangements not been put into place.",
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Country Notes : First Domestic Decisions on the 2015 Parent-subsidiary Directive GAAR Implementation: Guiding Principles for EU Member States? / Bundgaard, Jakob; Kjærsgaard, Louise Fjord ; Aarup, Lars Bo.

In: Intertax, Vol. 46, No. 8-9, 2018, p. 716-724.

Research output: Contribution to journalJournal articleResearchpeer-review

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