Author: Claus Bohn Jespersen
Publisher: Kluwer Law International
Release Date: 2011
The current European VAT legislation encompassing insurance and financial services, including intermediation thereof, dates back to the adoption of the Sixth VAT Directive in 1977. The definitions do not, however, encompass the current complexity of insurance and financial transactions. This has resulted in considerable confusion for fiscal authorities and for businesses when deciding upon the application of the VAT exemption. As the correct VAT treatment has a significant economic impact on businesses, a great number of cases have been referred to the Court of Justice of the European Union. This is also the reason why the European Commission presented its proposal for the future treatment of insurance and financial services, including intermediation thereof, in November 2007. The political process has not yet been finalised and if the Commission s proposal is agreed upon, the question of understanding the definitions still exists. This book deals with the exemption for intermediation of insurance and financial services within European VAT. This implies analysing the methods of interpretation applied by the Court of Justice of the European Union when interpreting the provisions regarding insurance and financial services. Furthermore, the current definitions for intermediation of insurance and financial services as provided for in the VAT Directive are analysed and conclusions are made in order to define a single concept of intermediation. These analyses are followed by various practical scenarios from case law of the Member States concerning intermediation of insurance and financial services. Finally, comments based on the analyses carried out are given on the European Commission s proposal for amending the VAT Directive and the accompanying Regulation regarding intermediation of insurance and financial services."
Author: Michael Lang
Release Date: 2015
Genre: Business enterprises
Indirect taxation is increasing in prominence worldwide. In times of international company tax competition, such forms of indirect taxation as value added tax (VAT) and goods and services taxes (GST) are particularly advantageous as sources of tax revenue on account of their broad base and non-distortion of competition in the chain of companies. In addition, the far-reaching changes in tax regimes wrought by these shifts are happening in direct parallel with the equally transformative digitalization of the economy, creating unprecedented difficulties for tax authorities worldwide and also for lawyers who must combine knowledge of the intricacies of indirect taxation with ever-changing digital ways of conducting business.
Author: Project Group Restatement of European Insurance Contract Law
Publisher: sellier. european law publ.
Release Date: 2009
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Author: Paul Farmer
Publisher: Oxford University Press
Release Date: 1994
Genre: European communities
This book provides a detailed and extensive survey of EC tax legislation and case law. Accordingly, it deals at some length with the legislation and case law on VAT (which is almost completely harmonized at the EC level) and excise duties. It also covers the recent legislation on company taxation, concentrating in particular on the Parent-Subsidiary Directive. A distinctive feature of the book is the detailed analysis of the legislation and its interpretation by the European Court. The book also contains an analysis of the impact of the tax sphere of the provisions of the EC Treaty, including Article 95 on the prohibition of fiscal discrimination against EC goods and the treaty articles on the free movement of persons, services, and capital. With the generalist lawyer in mind, the book contains an introduction to VAT and to the basic principles of company taxation. Since the focus of the book is EC and the language of the international tax world is English, the book should have an appeal for tax and EC lawyers throughout the EC, including the new entrant states.
Author: Liam P. Ebrill
Publisher: International Monetary Fund
Release Date: 2001-11-05
Genre: Business & Economics
Value-added tax was first introduced less than 50 years ago. Today, it is a key component of tax systems around the world, and major source of government revenue in over 120 countries. The IMF has attached considerable importance to the proper design and implementation of the tax, and this book draws upon the work of the Fiscal Affairs Department (FAD) of the IMF. Over half of all countries that have introduced a VAT during the last twenty years have made use of FAD advice. The book considers a variety of issues regarding the development of the VAT, including: its nature, importance and spread; basic design issues; whether it is an effective and efficient method; revenue performance; collection costs; small countries and the VAT; the impact of international economic integration; and likely future developments.
Author: Edward P. Welch
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-12-15
For quick access to Delaware Corporation Law when you re away from the office, here s a handy portable version of Folk you can easily carry to court in your briefcase. Adapted from the major 3-volume analysis of Delaware Corporation Law that is constantly cited by courts and relied upon daily by corporate lawyers everywhere, Folk Fundamentals gives you: The complete text of the Delaware General Corporation Law The essential and most commonly used analytic elements of the larger set s commentary Take this convenient one-volume softcover distillation any place you need to refer to Folk on the spot. Organized for Quick and Easy Reference! Following the unique and convenient organizational format of the 3-volume set, Folk Fundamentals provides annotated commentary with each section of the statute. Each section s commentary incorporates discussion of every significant court decision (including non-Delaware cases) that interprets the language and intent of that section, and adds the incisive analysis of Folk and his successor authors. This expert commentary synthesizes statute, cases, and analysis into clear, up-to-date guidance that can be put to immediate use in any business activity or situation affected by Delaware Corporation Law . With Folk Fundamentals, you ll be able to: Locate any provision of Delaware Corporation Law quickly Quote directly from the statute or commentary in the office or the courtroom Support or counter arguments with Folk s proven analysis "
Author: Andrea Simoncini
Publisher: Oxford University Press
Release Date: 2015-11-23
Genre: Constitutional courts
Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
Author: William J. Baumol
Publisher: Yale University Press
Release Date: 2007
Genre: Business & Economics
Imagine this: a mere century ago, the purchasing power of an average American was one-tenth of what it is today. But what will it take to sustain that growth through the next century? And what can be said about economic growth to aspiring nations seeking higher standards of living for their citizens? In this important book, William Baumol, Robert Litan, and Carl Schramm contend that the answers to these questions lie within capitalist economies, though many observers make the mistake of believing that capitalism is of a single kind. Writing in an accessible style, the authors dispel that myth, documenting four different varieties of capitalism, some "Good" and some "Bad" for growth. The authors identify the conditions that characterise Good Capitalism: the right blend of entrepreneurial and established firms, which can vary among countries; as well as the features of Bad Capitalism. They examine how countries catching up to the United States can move faster toward the economic frontier, while laying out the need for United States itself to stick to and reinforce the recipe for growth that has enabled it to be the leading economic force in the world. This path-breaking book is a must read for any one who cares about global growth and how to ensure America's economic future.