Double Taxation within the European Union

The European Commission’s communication of December 2010 outlining persistent double taxation problems in the EU has at last generated widespread discussion on how to finally resolve this apparently intractable matter. Despite the conclusion of tax treaties and despite the enactment of several directives, double taxation continues to occur within the EU, causing severe obstacles for cross-border trade, for the provision of services and capital, and for the free movement of persons. Extending ten contributions presented at a conference in April 2010 at the University of Luxembourg, this book represents the expert analysis and considered recommendations of twelve outstanding scholars of European taxation. Among the elements covered are the following: • the reasons for the existence (and persistence) of juridical and economic double taxation; • double burdens in criminal law; • constitutional limits for double taxation; • the Lisbon Treaty’s abolition of Article 293 EC, which had required Member States to conclude tax treaties in order to abolish double taxation; • whether double taxation can be avoided by the application of the four freedoms; • prospects for an EU-wide multilateral tax treaty; • the proposed Common Consolidated Corporate Tax Base; and • use of arbitration clauses in tax treaties