Reverse Subsidiarity and EU Tax Law: Can Member States Be Left to Their Own Devices?

British Tax Review, Vol. 3, pp. 261-301, 2010

36 Pages Posted: 16 Sep 2010

See all articles by Christiana HJI Panayi

Christiana HJI Panayi

Queen Mary University of London, School of Law

Date Written: March 1, 2010

Abstract

This article examines cross-border loss relief for group companies in the context of European Union law and considers how this has affected Member States such as the UK. First, the failed and pending legislative initiatives for cross-border group relief are considered; namely, the Draft Directive on Cross-Border Loss Relief and the Common Consolidated Corporate Tax Base. The case law of the Court of Justice is then analysed in an attempt to assess whether some of the principles set out in these legislative initiatives found their way to Member State laws through the Court's jurisprudence. Following this, the judicial and legislative response to the Marks & Spencer judgment in the UK are critically assessed. It is questioned whether lack of Union competence has indeed stifled developments in this area. It is also questioned whether, at least in this context, developments generated through case law bring about a satisfactory result. The author concludes with thoughts as to the UK experience.

Keywords: EU law, UK tax law, group relief

JEL Classification: K34

Suggested Citation

HJI Panayi, Christiana, Reverse Subsidiarity and EU Tax Law: Can Member States Be Left to Their Own Devices? (March 1, 2010). British Tax Review, Vol. 3, pp. 261-301, 2010, Available at SSRN: https://ssrn.com/abstract=1676748

Christiana HJI Panayi (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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