European Commission refers The Netherlands, Spain
and Denmark to the EU Court over exit taxes
On November 24 2010, the European Commission referred Denmark, The
Netherlands and Spain to the EU’s Court of Justice for their provisions
imposing exit taxes on businesses ceasing to be tax residents of their
respective country or transferring assets away from a local permanent
establishment of a non-resident company. According to the European
Commission, the exit taxes of these countries are incompatible with the
freedom of establishment as laid down in article 49 of the Treaty on the
Functioning of the European Union (TFEU).
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