TAX MANAGEMENT IN CROSS-BORDER MERGERS

<p>Tax management is one of the essential aspects of mergers. Mergers of companies that are residents of different Member States are not hampered by disadvantages arising from the tax provisions; it applies to income-, capital-, as well as to value added taxation. With respect to mergers, the...

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Bibliographic Details
Main Author: Marcin Jamroży
Format: Article
Language:English
Published: Uniwersytet Mikołaja Kopernika 2011-12-01
Series:Ekonomia i Prawo
Online Access:http://apcz.umk.pl/czasopisma//index.php/EiP/article/view/521
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Summary:<p>Tax management is one of the essential aspects of mergers. Mergers of companies that are residents of different Member States are not hampered by disadvantages arising from the tax provisions; it applies to income-, capital-, as well as to value added taxation. With respect to mergers, the tax rules are neutral and allow the deferral of the taxation of the capital gains relating to the assets transferred until their actual disposal. When planning a cross-border transaction it is especially necessary to take into consideration the legal form and place of residence of the participating entities, business justification of the transaction, losses of the transferring company or the percentage of a holding in the capital of the company being taken over.</p>
ISSN:1898-2255
2392-1625