Traduction de «Liste des contribuables résidents » (Français → Anglais) :

The respective shares of total annual tax collected from resident taxpayers on interest payments made to them by domestic paying agents and by foreign paying agents’.

The respective shares of total annual tax collected from resident taxpayers on interest payments made to them by domestic paying agents and by foreign paying agents’.

Reference for a preliminary ruling — Cour de cassation — Interpretation of Article 49 EC — Tax legislation allowing the deduction of business expenses incurred by a resident taxpayer, but not allowing the deduction of such expenses if the taxpayer resides or is established in another Member State in which that taxpayer is not subject to any tax on income or is subject there to a tax regime which is appreciably more advantageous — Restriction on the freedom to provide services

Article 49 EC must be interpreted as precluding legislation of a Member State, such as the legislation at issue in the main proceedings, under which payments made by a resident taxpayer to a non-resident company for supplies or services are not to be regarded as deductible business expenses where the non-resident company is not subject, in the Member State of establishment, to tax on income or is subject, as regards the relevant income, to a tax regime which is appreciably more advantageous than the applicable regime in the former Member State, unless the taxpayer proves that such payments relate to genuine and proper transactions and do not exceed t ...[+++]he normal limits, whereas, under the general rule, such payments are to be regarded as deductible business expenses if they are necessary for acquiring or retaining taxable income and if the taxpayer demonstrates the authenticity and amount of those expenses.

Although, after examination, considered not to constitute State Aid, such schemes not only raise significant equity concerns when seen in comparison to the taxation of other resident taxpayers, but may also lead to a tax-driven "brain-drain" from other Member States. These will in turn feel the pressure to introduce comparable schemes.

Although, after examination, considered not to constitute State Aid, such schemes not only raise significant equity concerns when seen in comparison to the taxation of other resident taxpayers, but may also lead to a tax-driven "brain-drain" from other Member States. These will in turn feel the pressure to introduce comparable schemes.