Pelno mokesčio harmonizavimas ES teisėje ir perspektyvos ; Harmonization and prospects of profit taxes in the eu law

Abstract

Harmonization and Prospects of Profit Taxes in the EU Law The Master's thesis examines the elements of corporate income tax, the steps already taken to unify the tax at the European Union level and the prospects for tax harmonization. The master's thesis is divided into three parts. The first part analyzes the elements of corporate income tax - conception, tax payers, tax periods, tax rates. In the second part of the thesis, tax harmonization, tax competition and the adopted harmonization acts in direct taxes are analyzed. In the area of direct taxation, the EU has adopted several directives. The most important of these are the Parent-Subsidiary Directive, which aims to eliminate double taxation on distributed profits between parent and subsidiary companies. The interest and royalty payments Directive. These interest and royalty payments shall be exempt from any taxes in that State provided that the beneficial owner of the payment is a company or permanent establishment in another Member State. The Merger Directive provides for tax deferral of the taxes that could be charged on the income or capital gains derived by the shareholders of the transferring or the acquired company from the exchange of such shares for shares in the receiving or the acquiring company. EU Member States have also signed a convention on elimination of double taxation (Arbitration convention) to eliminate double taxation in specific situations. For example, where branches of multinational companies (associated companies) which are based in different EU countries are taxed by more than one EU country as a result of an upward adjustment in its profits in another EU country. This part also analyzes competition in taxation, which was one of the main reasons that led to harmonization. The final part of the thesis examines the existing initiatives in the harmonization of corporate income tax and assesses the perspectives. The EU Commission has submitted a draft Common Consolidated Corporate Tax Base (CCCTB), which aims to establish new criteria for the calculation of corporate income tax. The European Commission considers that the different corporate tax systems hinder the functioning of the internal market and the free movement of capital. However, Member States are afraid that such unification of the base can lead to full harmonization and tax rate harmonization at EU level. Looking ahead, the author distinguishes various positions, appreciates the possibility of harmonization not only from a legal or economic point of view, but also through the prism of political climate in the Member States. The main criterion that will be the biggest obstacle to harmonizing corporate income tax will remain the unanimity requirement in tax matters. The EU is already taking the initiative to abolish the requirement for unanimity, so changes in the voting system is the only way to see any changes in the harmonization process in the future.