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, which are collected by notaries employed by the State and contribute to the State budget - Covered

(Council Directive 69/335)

2. Tax provisions - Harmonisation of laws - Indirect taxes on the raising of capital - Increases in the share capital and amendments to the statutes 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 pursued by it, 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.

( see paras 21-23 and operative part 1 )

2. A charge payable for drawing up a notarially attested act recording an increase in the share capital or an amendment to the statutes 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, first, 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, the charges collected for drawing up an act recording an amendment to a company's statutes are calculated by reference to its share capital.

( see paras 26-28 and operative part 2 )

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 the share capital or an amendment to the statutes 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.

( see para. 35 and operative part 3 )

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

( see paras 37-38 and operative part 4 )