Lignereux, Bastien
Is the EU contribution on windfall profits based on the right treaty provision? electrónico / Bastien Lignereux
Resumen.
In the aftermath of the debate instigated by the ‘windfall profits’ generated by the inflation in the energy sector, the EU introduced a temporary ‘solidarity contribution’ in October 2022 acting as a redistributing mechanism to finance support measures for energy consumers. The rapidity of its adoption is directly linked to its legal basis as it is founded on an emergency clause (Article 122 TFEU) that does not require unanimity in the EU Council. This contribution argues that this legal basis is appropriate even though the EU solidarity contribution has to be classified as a direct tax. Indeed, it can be deduced from settled CJEU case law that such a measure has to be based on only this clause and not on the usual Article 115 TFEU used for the approximation of laws in the field of direct taxation as its purpose is to react to an economic situation through a temporary solidarity measure. That stated, the consequences on the debate on qualified majority voting (QMV) in taxation should not be overestimated; Article 115 TFEU cannot be circumvented for measures aiming at harmonizing direct tax legislations of Member States in order to improve the functioning of the internal market.
BENEFICIOS EXTRAORDINARIOS
IMPUESTO DE SOCIEDADES
GRAVAMEN TEMPORAL
ENERGIA
FINANCIACION
PRECIOS
IMPUESTO TEMPORAL DE SOLIDARIDAD DE LAS GRANDES FORTUNAS
DERECHO COMUNITARIO EUROPEO
UNION EUROPEA
Intertax 0165-2826 v. 51, Issue 11, November 2023, 9 p.
Is the EU contribution on windfall profits based on the right treaty provision? electrónico / Bastien Lignereux
Resumen.
In the aftermath of the debate instigated by the ‘windfall profits’ generated by the inflation in the energy sector, the EU introduced a temporary ‘solidarity contribution’ in October 2022 acting as a redistributing mechanism to finance support measures for energy consumers. The rapidity of its adoption is directly linked to its legal basis as it is founded on an emergency clause (Article 122 TFEU) that does not require unanimity in the EU Council. This contribution argues that this legal basis is appropriate even though the EU solidarity contribution has to be classified as a direct tax. Indeed, it can be deduced from settled CJEU case law that such a measure has to be based on only this clause and not on the usual Article 115 TFEU used for the approximation of laws in the field of direct taxation as its purpose is to react to an economic situation through a temporary solidarity measure. That stated, the consequences on the debate on qualified majority voting (QMV) in taxation should not be overestimated; Article 115 TFEU cannot be circumvented for measures aiming at harmonizing direct tax legislations of Member States in order to improve the functioning of the internal market.
BENEFICIOS EXTRAORDINARIOS
IMPUESTO DE SOCIEDADES
GRAVAMEN TEMPORAL
ENERGIA
FINANCIACION
PRECIOS
IMPUESTO TEMPORAL DE SOLIDARIDAD DE LAS GRANDES FORTUNAS
DERECHO COMUNITARIO EUROPEO
UNION EUROPEA
Intertax 0165-2826 v. 51, Issue 11, November 2023, 9 p.