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 Info | Amsterdam : IBFD, [2023] |
| Description | 508 pages ; 24 cm |
| Supplemental Content | Full text available from Ebook Central - Academic Complete |
| Subjects |
| Series | EATLP 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 note | Includes bibliographical references. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2023431374 |
| ISBN | 9789087228453 |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Electronic Resources | Access Content Online | ✔ Available |