Investment Funds, Tax Planning and State Aid
Maastricht University - Department of Tax Law
European Taxation, Vol. 46, No. 12, pp. 565-569, December 2006
This paper addresses the fiscal position of investment funds under the European Union's state aid rules. According to a recent Commission decision, these funds may qualify as beneficiaries of state aid more easily. As a result, a number of investment fund regimes in EU Member States seems to be at odds with the prohibition of state aid as put forward in the EC Treaty.
Apart from addressing special tax regimes for investment funds the author points out the particular role of tax advisors in bringing state aid risks to the attention of their clients. He also revisits the issue of regional fiscal sovereignty under state aid rules taking account of a recent decision of the European Court of Justice (the ECJ).
Number of Pages in PDF File: 14
Keywords: Tax incentives, state aid, EU, investment funds
JEL Classification: M47, H20
Date posted: November 29, 2006