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Elimination of tax disadvantages for frontier workers: Non-discrimination and exceptions

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Conclusion

The economic freedoms laid down in the EC Treaty provide a powerful tool for the elimination of discrimination in the tax treatment of frontier workers. While they cannot remedy the disadvantages which may flow from differences in the tax legislation of the home State and the State of employment, they do prevent both these States from denying frontier workers the benefit of the tax reliefs and incentives granted to persons who work and reside in the same Member State.

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References

  1. Case 270/83Commission v France [1986] ECR 273.

  2. Case C-152/03Ritter-Coulais [2006] ECRI-1711, point 33.

  3. Case C-446/03Marks & Spencer [2005] ECRI-10837, point 37.

  4. Case C-107/94Asscher [1996] ECRI-3089; Case C-234/01Gerritse [2003] ECRI-5933; for the same principle in relation to company tax see Case C-311/97Royal Bank of Scotland [1999] ECRI-2651.

  5. Again, Case C-234/01Gerritse.

  6. Case C-175/88 Biehl [1990] ECRI-1779.

  7. [1995] ECRI-225.

  8. [2004] ECRI-6443.

  9. [1999] ECRI-5453.

  10. Opinion of Advocate General Geelhoed of 3 February 2006 in Case C-374/04Test Claimants ACT, points 38–39.

  11. Commission Recommendation 94/79/EC of 21 December 1993 on the taxation of certain items of income received by non-residents in a Member State other than that in which they are resident; OJ 1994 L 39/22. 13 Law 856/2005 of 4 November 2005, §13.

  12. Cf. Case C-264/96ICI [1998] ECRI-4695.

  13. [1992] ECRI-249.

  14. [1998] ECRI-5453.

  15. Case C-400/02Merida [2004] ECRI-8471: Germany was not entitled to make a deduction for notional German tax in calculating a transitional unemployment benefit paid to a frontier worker.

  16. OJ 1968 L 257/2.

  17. Case C-112/91Werner [1993] ECRI-429.

  18. [1995] ECR 2493.

  19. Case C-204/90, cited above.

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This paper is an updated version of the presentation given by the author at the conference “Social Lawand Taxation for Frontier Workers”, 16–17 March 2006 in Trier.

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Lyal, R. Elimination of tax disadvantages for frontier workers: Non-discrimination and exceptions. ERA Forum 7, 336–344 (2006). https://doi.org/10.1007/BF02857084

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