CELEX: 31973L0080
Language: en
Date: 1973-04-09 00:00:00
Title: Council Directive 73/80/EEC of 9 April 1973 fixing common rates of capital duty

Avis juridique important

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31973L0080

Council Directive 73/80/EEC of 9 April 1973 fixing common rates of capital duty  

Official Journal L 103 , 18/04/1973 P. 0015 - 0015 Greek special edition: Chapter 09 Volume 1 P. 0040  Spanish special edition: Chapter 09 Volume 1 P. 0044  Portuguese special edition Chapter 09 Volume 1 P. 0044 

+++++( 1 ) OJ NO L 249 , 3 . 10 . 1969 , P . 25 .  ( 2 ) SEE P . 13 THIS OFFICIAL JOURNAL .  COUNCIL DIRECTIVE OF 9 APRIL 1973 FIXING COMMON RATES OF CAPITAL DUTY ( 73/80/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 99 AND 100 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;  WHEREAS ARTICLE 7 ( 2 ) OF THE COUNCIL DIRECTIVE OF 17 JULY 1969 ( 1 ) CONCERNING INDIRECT TAXES ON THE RAISING OF CAPITAL , AS AMENDED BY THE DIRECTIVE OF 9 APRIL 1973 ( 2 ) , PROVIDES THAT THE COMMISSION IS TO SUBMIT A PROPOSAL TO THE COUNCIL BEFORE 1 JANUARY 1971 TO ENABLE THE COUNCIL TO DETERMINE THE COMMON RATES OF CAPITAL DUTY ;  WHEREAS , TO MINIMIZE OBSTACLES TO THE DEVELOPMENT AND FUNCTIONING OF A COMMON MARKET FOR CAPITAL , THE RATE OF THE CAPITAL DUTY PROVIDED FOR IN THE SAID ARTICLE 7 SHOULD BE FIXED AS LOW AS POSSIBLE , ACCOUNT NONETHELESS BEING TAKEN OF THE MEMBER STATES' BUDGETARY REQUIREMENTS ;  WHEREAS THE REDUCED RATE PROVIDED FOR IN PARAGRAPH 1 ( B ) AND ( BB ) OF THE SAID ARTICLE 7 IN RESPECT OF CERTAIN COMPANY RECONSTRUCTION OPERATIONS MUST BE FIXED SUFFICIENTLY LOW TO ELIMINATE ANY CUMULATIVE EFFECTS OF CAPITAL DUTY ; WHEREAS A RATE OF 0.50 % MEETS THIS REQUIREMENTS ; WHEREAS , HOWEVER , TO ENCOURAGE SUCH RECONSTRUCTION OPERATIONS AS FAR AS POSSIBLE , THE MEMBER STATES SHOULD BE GIVEN THE OPTION OF APPLYING A RATE LOWER THAN 0.50 % ;  WHEREAS THE MEMBER STATES SHOULD BE GIVEN SUFFICIENT TIME TO INTRODUCE THE COMMON RATES OF CAPITAL DUTY ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE RATE OF THE CAPITAL DUTY PROVIDED FOR IN ARTICLE 7 OF THE COUNCIL DIRECTIVE OF 17 JULY 1969 CONCERNING INDIRECT TAXES ON THE RAISING OF CAPITAL ( 69/335/EEC ) SHALL , WITH EFFECT FROM 1 JANUARY 1976 , BE 1 % .  ARTICLE 2  THE REDUCED RATES PROVIDED FOR IN ARTICLE 7 ( 1 ) ( B ) AND ( BB ) OF THE SAME DIRECTIVE SHALL , WITH EFFECT FROM 1 JANUARY 1976 , BE ANY RATE BETWEEN 0 % AND 0.50 % .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 9 APRIL 1973 .  FOR THE COUNCIL  THE PRESIDENT  A . LAVENS