Corporate Income Taxation in Europe The Common Consolidated Corporate Tax Base (CCCTB) and Third Countries
The Common Consolidated Corporate Tax Base (CCCTB) and Third Countries
Edited by Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer and Alfred Storck
Chapter 6: Deductibility of gifts to charitable bodies in third countries
The following provisions of the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (hereafter: of the proposed CCCTB Directive) are relevant to the topic of this chapter: Article 12: Deductible expenses Deductible expenses shall include all costs of sales and expenses net of deductible value added tax incurred by the taxpayer with a view of obtaining or securing income, including costs of research and development and costs incurred in raising equity or debt for the purposes of the business. Deductible expenses shall also include gifts to charitable bodies as defined in Article 16 which are established in a Member State or in a third country which applies an agreement on the exchange of information on request comparable to provisions of Directive 2011/16/EU. The maximum deductible expense for monetary gifts or donations to charitable bodies shall be 0,5% of revenues in the tax year. Article 14: Non-deductible expenses The following expenses shall be treated as non-deductible: profit distributions (h) monetary gifts and donations other than those made to charitable bodies as defined in Article 16; Article 16: Charitable bodies A body shall qualify as charitable where the following conditions are met: it has legal personality and is a recognized charity under the law of the State in which it is established; its sole or main purpose and activity is one of public benefit; an educational, social, medical, cultural, scientific, philanthropic, religious, environmental or sportive purpose shall be considered to be of public benefit provided that it is of general interest;
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