Aides d'état, code de conduite et concurrence fiscale dans l'Union Européenne :
SUMMARY STATE AIDS, CODE OF CONDUCT, AND TAX COMPETITION IN THE EUROPEAN UNION : TARGETING FINANCIAL BUSINESS CENTERS This article examines recent concerns of Community institutions, in particular of the Commission, about tax competition and about how to gain control, in that respect, over fina...
Enregistré dans:
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| Format: | Article ou chapitre numérique |
| Langue: | Français |
| Publié: |
2004
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| Accès en ligne: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Résumé: | SUMMARY STATE AIDS, CODE OF CONDUCT,
AND TAX COMPETITION IN THE EUROPEAN UNION :
TARGETING FINANCIAL BUSINESS CENTERS
This article examines recent concerns of Community institutions, in particular of the
Commission, about tax competition and about how to gain control, in that respect,
over financial business centers and international financial services.
Taxation came to light and was brought to the center of the debate by several relevant
economic and financial events, both at the European and at international level. In the
European Union, the institution of the European Financial Market and the Monetary
Union, the coordination of the budgetary and economic policies of Member States,
and the enlargement were amongst those events. Internationally, globalization and
the development of new technologies played an important role.
Such changes in the political and economic environment at first led the Commission
to define a new tax policy, which, on the basis of tax coordination and within the
framework of a comprehensive strategy (including direct and indirect taxation), was
oriented toward stabilizing tax revenues of Member States, safeguarding the well
functioning of the internal market, and promoting employment.
Quickly, however, the Commission moved towards a more pragmatic approach
which focused on direct taxation and the fight against harmful tax competition, as this
predictably had undesired consequences, such as fiscal degradation and excessive
tax burdens for less mobile factors of production.
This strategy of combating harmful tax competition was essentially based on two
instruments, the code of conduct on the direct taxation of enterprises (a political
compromise), and the administrative control of State aids of a fiscal nature. The
article analyzes more closely the relationship between these two instruments and the
way they have been applied.
The articles concludes by pointing out that the fight against harmful tax competition,
which initially was undertaken on a broader scope than a similar exercise of OECD,
ultimately became limited (as indicated by the Commission) to a fight focusing
exclusively on the activities of financial business centers. And yet, even with respect
to that limited field of application, there is neither a consensus as to how bring the
two instruments to bearing nor a consistent policy ensuring their even and equitable
operation. |
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