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This collection brings together six papers on two fundamental
issues in European fiscal law. The first issue concerns the legal
character of VAT and focuses on the basic principles underlying the
European VAT system and their development over the last 30 years.
Topics covered include the new definition of VAT based on recent
case law of the European Court of Justice, the basic
characteristics of VAT as a consumption tax and the distinction
between the economic and legal approaches to VAT. The second issue
concerns the application of general principles of law and justice
in European law in general and European tax law in particular. The
application of these principles is explored in detail in the
context of European Court of Justice case law, direct and indirect
taxation in general, and the harmonization of rules on capital
income taxation and the introduction of a common withholding tax in
particular. These papers are the result of a conference organized
by the Foundation for European Fiscal Studies of the Erasmus
University Rotterdam in honour of Fons Simons, who for seven years
was responsible for the postgraduate courses and seminars at the
Foundation. This brochure is the sixth in a series initiated by the
Foundation, which organizes postgraduate courses on European tax
law, and aims to encourage research on the economic and legal
aspects of tax harmonization and co-ordination in the European
Union.
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