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  • Toader, A
  • b Proportionality In principle, in order for a measure that is considered to be a restriction on the freedom of establishment to be justified, it must not only pursue a legitimate aim, but also be proportionate
  • The factual requirements in Paragraph 1 1 of the AStG, in conjunction with the third alternative in point 1 of Paragraph 1 2 of the AStG, were thus satisfied for the purpose of correcting the income of Hornbach-Baumarkt AG
  • Telefax 08382 916-100 E-Mail ELSTER: Ihr Online-Finanzamt BayernPortal Der direkte Draht zur Staatsregierung Wichtiger Hinweis! Costs 60 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court
  • The situations are objectively different
  • Prechal and E
This is because unrelated business partners would agree on remuneration for the provider of a comfort letter containing a guarantee statement due to the associated liability risk 16 According to the referring court, the Tax Office correctly proceeded on the assumption that the terms agreed on between Hornbach-Baumarkt AG and the foreign group companies departed from those that would have been agreed on by unrelated third parties under the same or similar circumstances
2021• In such cases it will not matter which company in the group is taxed 10 Furthermore, Hornbach-Baumarkt AG irrevocably and unconditionally undertook to fund the foreign group companies in such a way as to enable them to meet all of their liabilities
The Court has further held that such national legislation pursues legitimate objectives which are compatible with the Treaty and constitute overriding reasons in the public interest and that such legislation must be regarded as appropriate to ensure the attainment of those objectives see, to that effect, judgment of 21 January 2010, SGI, , , paragraphs , and As was seen in particular in this case, effectively the same argument was invoked and the discussion has taken place at the stage of comparability, justification, and also, as invoked by the Commission and the Applicant, at the stage of proportionality, adding a whiff of circularity to the entire argument
a third party has a substantial shareholding in that party or taxpayer, or can exercise direct or indirect influence over the party or the taxpayer; or 3 Bobek, Registrar: K
The real issue in the present case appears rather what type of commercial justification is acceptable and accepted Malacek, Administrator, having regard to the written procedure and further to the hearing on 27 September 2017, after considering the observations submitted on behalf of: — Hornbach-Baumarkt AG, by J
oecd 32 According to settled case-law, the provisions of the Treaty concerning freedom of establishment prohibit the Member State of origin from hindering the establishment in another Member State of a company incorporated under its legislation, in particular through a subsidiary
According to the Applicant therefore, it is at variance with the principle of proportionality 2021 Umsatzsteuersatzabsenkung 1
15 The Tax Office contends that, even though Paragraph 1 of the AStG does not contain a separate provision concerning the presentation of evidence of any commercial justification for a transaction, the taxpayer does however have the opportunity to present evidence of the reasonableness of the transaction carried out That is, in my view, important to recall in the present case, since I understand that there is no allegation of tax avoidance or abuse against the Applicant
Provided that the national measure in question is not drafted in an unduly narrow or unreasonable way, the comparability framework established by national law is also likely to be of particular significance for establishing a comparability framework under EU law, on the condition that the aim pursued by the national law is itself acceptable from the perspective of the European Union Das Finanzamt Landau betreut im Kreis Germersheim den Bereich Kandel

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