Keywords

Summary



Keywords

1 Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Taxation for the purposes of Directive 69/335 - Meaning - Charges, in respect of a transaction covered by the Directive, collected by notaries employed by the State and paid to the State - Covered

(Council Directive 69/335)

2 Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Increases in share capital and amendments of the statute and articles of capital companies to be recorded by notarially attested acts - Essential formality - Charges calculated by reference to the company's share capital - Not permissible

(Council Directive 69/335, Art. 10(c))

3 Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Notarially attested act recording an increase in the share capital of a capital company - Charges by way of fees or dues - Meaning - Charges in direct proportion to the share capital raised - Not covered

(Council Directive 69/335, Art. 12(1)(e))

4 Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Directive 69/335 - Article 10 - Direct effect

(Council Directive 69/335, Art. 10)

Summary

1 Directive 69/335 concerning indirect taxes on the raising of capital must be interpreted as meaning that - in the light of the objectives thereby pursued, including in particular the abolition of indirect taxes having the same characteristics as capital duty - charges constitute taxes for the purposes of the Directive where they are collected for drawing up notarially attested acts recording a transaction covered by the Directive, under a system where notaries are employed by the State and the charges in question are paid in part to that State for the financing of its official business.

2 A charge payable for drawing up a notarially attested act recording an increase in share capital or a change in the name or registered office of a capital company is, where it amounts to a tax for the purposes of Directive 69/335, in principle prohibited under Article 10(c) thereof, in so far as it is compulsory to register increases in share capital by a notarially attested act - which therefore constitutes an essential formality connected with the legal form of the company, necessary if the company is to carry on business - and, secondly, in so far as the charges collected for drawing up a notarially attested act recording a change in the name or registered office of a capital company are calculated by reference to the company's share capital.

3 `Fees or dues' within the meaning of Article 12(1)(e) of Directive 69/335 do not cover a charge collected for drawing up a notarially attested act recording an increase in share capital or a change in the name or registered office of a capital company, the amount of which increases in direct proportion to the share capital raised and in respect of which there is no upper limit.

4 Article 10 of Directive 69/335 creates rights on which individuals may rely in proceedings before the national courts. The prohibition laid down therein is expressed in sufficiently precise and unconditional terms to be invoked by individuals in their national courts in order to contest a provision of national law which infringes that Directive.