Source: All England Reporter
Publisher Citation: [2002] All ER (D) 246 (May)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Colneric (President of the Chamber), Schintgen (Rapporteur) and Skouris
Judgment Dates: 16 May 2002

Catchwords

European community - Companies - Indirect taxes on raising capital - Tax authority levying duty on appellant firm as limited partnership - Appellant subsequently assigning shares to company with limited liability - Tax authority subsequently regarding appellant as capital company and claiming payment of capital duty - Tax authority dismissing appellant's appeals - Whether levying of capital duty on appellant precluded by relevant Directive - Council Directive (EEC) 69/335, art 6.

The Case

The provisions of Council Directive (EEC) 69-335 concerning indirect taxes on raising of capital, as amended, should not be interpreted as precluding the levy of capital duty upon the conversion of a partnership into a capital company within the meaning of that Directive, where, before entry into force of that Directive, a duty such as that provided for in para 33, item 16(1), point 1(b) of the Austrian Law on Fees 1957 had already been levied on all the capital contributions made for the acquisition of shares in the partnership.

Practice Areas

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