Abstract
The European Single Market aims to promote the convergence of economic performance (Article 2 EC Treaty), to protect economies against distortions of competition (Article 3 (1) EC Treaty) and to ensure an efficient allocation of resources (Article 98 EC Treaty). The Union’s own political objectives follow these guidelines. The strategic goal announced at the Lisbon summit in 2000 is to “become the most competitive and dynamic knowledge-based economy in the world by 2010.”1 In the meantime, the Union reaffirmed its commitment to this objective several times.2
This is a preview of subscription content, log in via an institution.
Buying options
Tax calculation will be finalised at checkout
Purchases are for personal use only
Learn about institutional subscriptionsPreview
Unable to display preview. Download preview PDF.
References
See point 5 of the Presidency Conclusions, Lisbon European Council, 23–24.3.2000.
See European Commission, Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, COM(2007) 223 final, 2.5.2007.
See European Commission, Company Taxation in the Internal Market, 2001.
See European Commission, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Community, Implementing the Lisbon Programme: Progress to date and next step towards a Common Consolidated Corporate Tax Base (CCCTB), COM(2006) 157 final, Brussels, 5.4.2006.
See European Commission, Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, COM(2007) 223 final, 2.5.2007.
See European Commission, Company Taxation in the Internal Market, 2001, p. 399; Oestreicher/Spengel, Recht der Internationalen Wirtschaft, 2001, pp. 889–902; Spengel, European Taxation 2003, pp. 253–256; Schön, European Taxation, 2004, pp. 432–440.
See European Tax Handbook, Amsterdam 2007, and own calculations.
E.g. financing structures, administration, coordination and distribution centres, European Head-quaters. See Devereux, EC Tax Review 1992, pp. 105–117 for empirical evidence.
Unless otherwise indicated, information about the determination of the tax bases was taken from Endres/Oestreicher/Scheffler/Spengel, The Determination of Corporate Taxable Income in the EU Member States, Aalphen 2007.
See Regulation (EU) 1606/2002 by the European Parliament and the Council regarding the application of International Accounting Standards, OJ L 243/1.
See Proposal for a Directive of the European Parliament and of the Council amending Council Directives 78/660/EEC, 83/349/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies and insurance undertakings, COM(2002) 259/2 final.
See ZEW/Ernst & Young, Company Taxation in the New EU Member States, 2nd edition, Frankfurt/Mannheim 2004, pp. 23–26. Profit shifting by transfer prices results in similar effects.
See European Commission, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, COM(2006) 824 final, 19.12.2006; European Commission, Commission Staff Working Document, SEC(2006) 1690, 19.12.2006.
See Endres/Oestreicher/Scheffler/Spengel, The Determination of Corporate Taxable Income in the EU Member States, Aalphen 2007, pp. 20–21.
See Jacobs, Intertax 1999, pp. 264–278, for a detailed analysis.
See European Tax Handbook, Amsterdam 2007, and own investigations.
See King/Fullerton, The Taxation of Income from Capital, Chicago 1984.
See Devereux/Griffith, The Taxation of Discrete Investment Choices — Revision 2, IFS Working Paper Series No, W98/16, London 1999.
See OECD, Taxing Profits on a Global Economy, Paris 1991.
See European Commission, Company Taxation in the Internal Market, 2001.
For technical details of the model, reference is made to Annex A of the European Commission’s report from 2001. See European Commission, Company Taxation in the Internal Market, 2001, pp. 519–533.
See European Commission, Company Taxation in the Internal Market, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, COM(2001) 582 final, Brussels, 23.10.2001, p. 26.
See Musgrave/Musgrave, Public Finance in Theory and Practice, 5th Ed., New York 1989, pp. 279–294.
See Homburg, Allgemeine Steuerlehre, 5th Ed., München 2007, pp. 238–256.
See European Commission, European Tax Survey, Commission Staff Working Paper, SEC(2004) 1128/2, Brussels 2004.
See ECJ of 12.12.2002, C-324/00 (Lankhorst-Hohorst), ECR 2002, p. I-11779.
See ECJ of 18.9.2003, C-168/01 (Bosal), ECR 2003, p. I-9409.
See ECJ of 23.2.2006, C-471/04 (Keller Holding), ECR 2006, p. I-2107.
See ECJ of 12.9.2006, C-196/04 (Cadbury Schweppes), ECR 2006, p. I-7995.
See ECJ of 13.12.2005, C-446/03 (Marks & Spencer), ECR 2005, p. I-10837.
See ECJ of 29.3.2007, C-347/04 (Rewe Zentralfinanz), ECR 2007, p I-2647.
See ECJ of 21.11.2002, C-436/00 (X and Y), ECR 2002, p. I-10829.
See European Commission, Communication from the Commission to the Council and the European Parliament: The Contribution of Taxation and Customs Policies to the Lisbon Strategy, COM(2005) 532 final, 25.10.2005, p. 6.
See European Commission, Company Taxation in the Internal Market, 2001.
See European Commission, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Community, Implementing the Lisbon Programme: Progress to date and next step towards a Common Consolidated Corporate Tax Base (CCCTB), COM(2006) 157 final, Brussels, 5.4.2006.
See Devereux, International Tax and Public Finance 2004, p. 83; Wissenschaftlicher Beirat beim Bundesministerium der Finanzen, Einheitliche Bemessungsgrundlage der Körperschaftsteuer in der Europäischen Union, Gutachten, Berlin, 2007, p. 28.
See Martens Weiner, Formulary Apportionment and Group Taxation in the European Union: Insights from the United States and Canada, European Commissions’ Taxation Papers, Working Paper No. 8, Brussels, 2005, pp. 10–15.
See Berry/Bradford/Hines, Tax Notes 88, 1992, p. 737.
See Mclure, Defining a Unitary Business: An Economist’s View, in: McLure (Ed.), The State Corporation Income Tax: Issues in Worldwide Unitary Combination, Stanford, pp. 94, 105; Oestreicher, Konzern-Gewinnabgrenzung, München 2000, p. 20; Jacobs, Internationale Unternehmensbesteuerung, 6th Ed., München 2007, pp. 588–592.
See Newlon, Transfer Pricing and Income Shifting in Integrating Economies, in: Cnossen (Ed.), Taxing Capital Income in the European Union: Issues and Options for Reform, Oxford, 2000, pp. 220–221.
See Jacobs,/Spengel/Schäfer, Intertax 2004, pp. 272–273.
See Li, Canadian Tax Journal 2002, p. 840.
In the meantime, the Commission also identifies a number of alternative options to achieve a CCCTB. The Commission distinguishes between (1) no-change, (2) common base without consolidation and (3) common consolidated base. See European Commission, Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, COM (2007) 223 final, 2.5.2007, p. 5. This is similar to the scenarios presented here.
The implementation issues are addressed in more detail by Spengel/Wendt, A Common Consolidated Tax Base for Multinational Companies in the European Union. Some Issues and Options, Oxford University Center for Business Taxation, WP 07/17.
See Oestreicher/Spengel, European Taxation 2007, pp. 437–451; Gammie/Giannini/Klemm/ Oestreicher/Parascandolo/Spengel, Achieving a Common Consolidated Corporate Tax Base in the EU, Centre for European Policy Studies (CEPS), Brussels 2005; see also the contribution of Wolfgang Schön in this volume.
See Hellerstein/McLure, International Tax and Public Finance 2004, p. 204.
See Agúndez-García, The Delination and Apportionment of an EU Consolidated Tax Base for Multi-Jurisdictional Corporate Income Taxation: A Review of Issues and Options, Taxation Papers, Brussels 2006, pp. 11–15.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG)-An overview of the main issues that emerged at the third meeting of the subgroup on group taxation (SG — 05 & 06 February 2007), Working Document, Brussels 2007b, p. 4.
See contribution of Wolfgang Schön in this volume; Schreiber, Steuer und Wirtschaft 2004, p. 232.
See European Commission, Summary Report of the Workshop on the Allocation Mechanism, Brussels 2004b, p. 5.
See Martens Weiner, European Taxation 2001, p. 383; Schreiber, Steuer und Wirtschaft 2004, p. 223.
See Hellerstein/McLure, International Tax and Public Finance 2004, p. 205.
See Agúndez-García, The Delination and Apportionment of an EU Consolidated Tax Base for Multi-Jurisdictional Corporate Income Taxation: A Review of Issues and Options, Taxation Papers, Brussels 2006, p. 13; Jacobs/Spengel/Schäfer, Intertax 2004, pp. 277–278; Martens Weiner, Company Tax Reform in the European Union. Guidance from the United States and Canada on Implementing Formulary Apportionment in the EU, New York 2006, p. 71.
See Hellerstein/McLure, International Tax and Public Finance 2004, pp. 203–206.
See Oestreicher, Konzern-Gewinnabgrenzung: Gewinnabgrenzung — Gewinnermittlung — Gewinnaufteilung, München 2000, pp. 136–139.
See Agúndez-García, The Delination and Apportionment of an EU Consolidated Tax Base for Multi-Jurisdictional Corporate Income Taxation: A Review of Issues and Options, Taxation Papers, Brussels 2006, p. 14.
See McLure, Defining a Unitary Business: An Economist’s View, McLure Jr., C. E. (Ed.), The State Corporation Income Tax: Issues in Worldwide Unitary Combination, Stanford 1984; Hellerstein, Allocation and Apportionment of Dividends and the delineation of the Unitary Business, in: Tax Notes, Special Report 1982. For a summary of test used to define a unitary business see Martens Weiner, Using the Experience in the U.S. States to Evaluate Issues in Implementing Formula Apportionment at the International Level, Office of Tax Analysis Paper 83, Washington, DC 1999, pp. 29–34.
See Hellerstein, Tax Notes 1993; Hellerstein/McLure, International Tax and Public Finance 2004: p. 205.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on group taxation (SG — 05 & 06 February 2007), Working Document, Brussels 2007b, p. 5.
See European Commission, Tax policy in the European Union — Priorities for the years ahead, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, COM(2001) 260 final, Brussels 2001, p. 17.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on group taxation (SG — 05 & 06 February 2007), Working Document, Brussels 2007, p. 5.
See European Commission, An Internal Market without company tax obstacles — achievements, ongoing initiatives and remaining challenges, Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, Brussels 2003.
See European Commission, The Application of International Accounting Standards (IAS) in 2005 and the Implications for the Introduction of a Consolidated Tax Base for Companies’ EUwide activities, Consultation Document, Brussels 2003, p. 21.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG)-Progress to date and future plans for the CCCTB, Working Document, Brussels 2006, p. 12.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on group taxation (SG — 05 & 06 February 2007), Working Document, Brussels 2007, p. 6.
See Jacobs, Spengel and Schäfer, Intertax 2004, p. 270.
See Martens Weiner, Formulary Apportionment and Group Taxation in the European Union: Insights from the United States and Canada, Taxation Papers, Brussels 2005, p. 66.
See Argúndez-Garzía, The Delination and Apportionment of an EU Consolidated Tax Base for Multi-Jurisdictional Corporate Income Taxation: A Review of Issues and Options, Taxation Papers, Brussels 2006, pp. 17–20.
See European Commission, Company Taxation in the Internal Market, Brussels 2001, pp. 482–486, 498.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on International aspects (SG4), Working Document, Brussels 2006, p. 3.
See Hellerstein/McLure, International Tax and Public Finance 2004, p. 207; Mintz, International Tax and Public Finance 2004, p. 228.
See European Commission, Implementing the Community Programme for improved growth and employment and the enhanced competitiveness of EU business: Further Progress during 2006 and next steps towards a proposal on the Common Consolidated Corporate Tax Base (CCCTB), Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, COM(2007) 223 final 2007, p. 9.
See European Commission, Company Taxation in the Internal Market, Brussels 2001, pp. 407–415, Argúndez-GarcÍa, The Delination and Apportionment of an EU Consolidated Tax Base for Multi-Jurisdictional Corporate Income Taxation: A Review of Issues and Options, Taxation Papers, Brussels 2006, pp. 39–87.
See Hellerstein/McLure, International Tax and Public Finance 2004, pp. 199–220; Martens Weiner, Formulary Apportionment and Group Taxation in the European Union: Insights from the United States and Canada, Taxation Papers, Brussels 2005.
See Lodin/ Gammie, Home State Taxation, Amsterdam 2001.
See Mintz, International Tax and Public Finance 2004, pp. 226; Sørensen, International Tax and Public Finance 2004, p. 102.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on group taxation (SG — 05 & 06 February 2007), Working Document, Brussels 2007, p. 2.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on group taxation (SG — 05 & 06 February 2007), Working Document, Brussels 2007, p. 3.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the fourth meeting of the subgroup on taxable income (SG3), Working Document, Brussels 2006, pp. 4–7.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on taxable income (SG3), Working Document, Brussels 2006, p. 5.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the third meeting of the subgroup on taxable income (SG3), Working Document, Brussels 2006, p. 6.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the fourth meeting of the subgroup on taxable income (SG3), Working Document, Brussels 2006, p. 6.
See European Commission, Common Consolidated Corporate Tax Base Working Group (CCCTB WG) — An overview of the main issues that emerged at the fourth meeting of the subgroup on taxable income (SG3), Working Document, Brussels 2006, p. 4.
See McLure, PQF 1981, pp. 395–413; Mintz, FA 1999, pp. 406–407.
See Martens Weiner, Formulary Apportionment and Group Taxation in the European Union: Insights from the United States and Canada, European Commissions’ Taxation Papers, Working Paper No. 8, Brussels 2005, pp. 38–50; Argúndez-GarzÍa, The Delination and Apportionment of an EU Consolidated Tax Base for Multi-Jurisdictional Corporate Income Taxation: A Review of Issues and Options, Taxation Papers, Brussels 2006, pp. 59-69.
See Gérard/Martens Weiner, Cross-border loss offset and formulary apportionment: How do they affect multijurisdictional firm investment spending and interjurisdictional tax competition?, CESifo Working Paper No. 1004, Munich, 2003.
See Sørensen, To harmonise or not to harmonise?, CESifo Forum 2002, p. 35; Ruding, ECTR 2005, pp. 2–3; Wissenschaftlicher Beirat beim Bundesministerium der Finanzen, Einheitliche Bemessungsgrundlage der Körperschaftsteuer in der Europäischen Union, Gutachten, Berlin 2007, pp. 72–75.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2008 Springer-Verlag Berlin Heidelberg
About this paper
Cite this paper
Spengel, C. (2008). Concept and Necessity of a Common Tax Base — an academic introduction. In: Schön, W., Schreiber, U., Spengel, C. (eds) A Common Consolidated Corporate Tax Base for Europe — Eine einheitliche Körperschaftsteuerbemessungsgrundlage für Europa. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-79484-4_1
Download citation
DOI: https://doi.org/10.1007/978-3-540-79484-4_1
Publisher Name: Springer, Berlin, Heidelberg
Print ISBN: 978-3-540-79483-7
Online ISBN: 978-3-540-79484-4
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)