CELEX: 62021CN0414
Language: en
Date: 2021-07-07 00:00:00
Title: Case C-414/21: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 7 July 2021 — VP Capital NV v Belgische Staat; other parties: PricewaterhouseCoopers Belastingadviseurs NV, Ernst & Young Tax Consultants BV, Ernst & Young Bedrijfsrevisoren BV

13.9.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 368/11
            
         
      Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 7 July 2021 — VP Capital NV v Belgische Staat; other parties: PricewaterhouseCoopers Belastingadviseurs NV, Ernst & Young Tax Consultants BV, Ernst & Young Bedrijfsrevisoren BV
      (Case C-414/21)
      (2021/C 368/10)
      Language of the case: Dutch
      
         Referring court
      
      Hof van Cassatie
      
         Parties to the main proceedings
      
      
         Appellant: VP Capital NV
      
         Respondent: Belgische Staat
      
         Other parties: PricewaterhouseCoopers Belastingadviseurs NV, Ernst & Young Tax Consultants BV, Ernst & Young Bedrijfsrevisoren BV
      
         Question referred
      
      Does freedom of establishment, as guaranteed by Article 49 TFEU, preclude national legislation, such as that at issue here, where it results in a Luxembourg company which records write-downs on shares in Luxembourg and which, although deducting those write-downs in principle from its taxable income, cannot actually deduct them from its taxable income because of the existence of a tax loss position, being taxed on the write-back of those write-downs in Belgium following the transfer of its registered office to Belgium, unless the increases in value masked by that write-back are allocated to a liability account not available for distribution, whereas a Belgian company which has recorded write-downs on shares in Belgium is not taxed on the write-back of those write-downs, provided that the write-downs had not been previously deducted from its Belgian taxable income, without needing to allocate the increases in value masked by that write-back to a liability account not available for distribution?