European State Aid and Tax Rulings
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European State Aid and Tax Rulings

Liza Lovdahl Gormsen

This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC’s enforcement action in recent tax ruling cases, in the area of state aid, respects the rule of law.
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Chapter 6: International practices and the OECD

Liza Lovdahl Gormsen

Abstract

A significant upshot of the recent Commission decisions in the field of State aid is the exposure of the division between the EU and the US in relation to gov¬ernment subsidies and, more broadly, corporate taxation. Hence, this chapter will look at how the two legal orders address the issue of government subsidies and explore the reasons for their different approaches. This chapter will also compare and contrast the EU State aid regime with international practices, more specifically the WTO regime. In addition, the approach adopted by the Commission in the recent tax cases will also be assessed in the broader context of the international consensus on transfer pricing and the ALP.

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