CJEU – Recent Developments in Direct Taxation 2015
1. Aufl. 2016
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I. S. 32Introduction
On 18 December 2013 the Czech Supreme Administrative Court decided to request a preliminary ruling from the Court of Justice of the European Union (hereinafter CJEU) regarding the allocation of emission allowances free of charge in accordance with Directive 2003/87/EC and subsequent levying of gift tax on that allocation.
II. Facts of the case
On 31 March 2011, the taxpayer submitted a gift tax return, in which the tax subject was the free of charge acquisition of emission allowances in 2011 and 2012. The tax authority issued a tax assessment on 6 June 2011, by which gift tax was assessed in the amount of CZK 20,473,152. The taxpayer argued that the tax assessment was illegal due to the unconstitutionality of the legislation and its conflict with EU Law, specifically with EU Directive 2003/87/EC.
The Finance Directorate refused the appeal stating that the tax was assessed based on the provisions of the Act on gift tax. It refused the taxpayer’s claim that levying of the tax would be in conflict with EU Law. The Finance Directorate mentioned that the basic framework for trading of CO2 emission allowances is provided by Directives 2003/87/EC and 2009/29/EC. Their provisio...