Taxation of Companies in Economic and Financial Distress 2022 EATLP Congress Vienna, 16-18 June 2022 / editor, Eleonor Kristoffersson.

Author/creator EATLP Congress
Other author Kristoffersson, Eleonor.
Format Electronic
Publication InfoAmsterdam : IBFD, [2023]
Description508 pages ; 24 cm
Supplemental ContentFull text available from Ebook Central - Academic Complete
Subjects

SeriesEATLP International Tax Series ; volume 21
EATLP international tax series ; v. 21. UNAUTHORIZED
Contents Chapter 1: Taxation of Companies in Financial and Economic Distress -- 1.1. Introduction -- 1.2. Impairment of loans and other commercial receivables -- 1.2.1. Tax effects of expected losses from accounts receivable and loans -- 1.2.2. Intra-group losses -- 1.2.3. Debt waivers -- 1.3. Corporate tax treatment of losses -- 1.3.1. General remarks -- 1.3.2. Loss carry-forward and loss carry-back -- 1.3.3. Groups of companies -- 1.3.4. Cross-border loss compensation -- 1.4. Capital injections -- 1.5. Tax deferrals and liability to pay taxes -- 1.5.1. General remarks -- 1.5.2. Enforceability and late payment of tax debts -- 1.5.3. Deferred tax payment and instalment payments -- 1.5.4. Liability for directors -- 1.6. Conclusions -- 1.7. Final observations -- Part Two: Thematic Reports -- Chapter 2: Topical Report: State Aid-Compliant Relief within the European Union -- 2.1. Introduction -- 2.2. State aid in a nutshell -- 2.3. Substantive tax law: Loss compensation -- 2.3.1. Generic rules and different treatment of incorporated and non-incorporated entities -- 2.3.2. Rules targeted to small companies (not by virtue of their legal form) -- 2.3.3. Rules targeted to companies in distress -- 2.4. Substantive tax law: Bad debts, impairment and waiver of third-party debts -- 2.5. Procedural tax (collection) law: Payment arrangements and debt waivers -- 2.5.1. Payment in instalments, interest rates, penalties and fines -- 2.5.2. Forced collection, insolvency and tax debt waivers -- 2.5.3. Discretionary action? Now what? -- 2.5.3.1. Is an undertaking worth saving (from an EU perspective, that is)? -- 2.5.3.2. The need to qualify as rescue and restructuring aid -- 2.5.4. Liability of managers, directors and debt relief for former entrepreneurs/partners -- 2.6. Exceptional circumstances: The COVID-19 example -- 2.6.1. Exceptional circumstances call for exceptional measures: The Temporary Framework -- 2.6.2. Exceptional circumstance may make abnormal behaviour acceptable -- 2.7. State aid consequences of further EU harmonization -- 2.7.1. Insolvency -- 2.7.2. Business in Europe: Framework for Income Taxation (BEFIT) -- 2.8. Concluding remarks -- Chapter 3: Transfer Pricing in Relation to Businesses in Economic and Financial Distress -- 3.1. Introduction -- 3.2. Economic and financial distress -- 3.3. TP analysis during economic and financial distress -- 3.3.1. Identification of commercial or financial relations during economic and financial distress -- 3.3.1.1. Contractual terms -- 3.3.1.2. Functional analysis -- 3.3.1.3. Characteristics of property or services -- 3.3.1.4. Economic circumstances -- 3.3.1.5. Business strategies -- 3.3.2. Recognition of an accurately delineated transaction during economic and financial distress -- 3.3.2.1. Options realistically available -- 3.3.3. Selection of the most appropriate TP method during economic and financial distress.
Abstract This book investigates the taxation of companies under economic and financial distress. A company in economic distress has no or low profitability and a low going-concern value. On the other hand, a company in financial distress is a viable entity with current, but not necessarily long-term, debt-paying problems. This book provides an overview of how European domestic tax systems deal with tax issues in distress, focusing on the impairment of loans and other c.
Bibliography noteIncludes bibliographical references.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
LCCN 2023431374
ISBN9789087228453

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