2011/282/EU: Commission Decision of 12 January 2011 on the tax amortisation of fi... (32011D0282)
2011/282/EU: Commission Decision of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (notified under document C(2010) 9566) Text with EEA relevance
- COMMISSION DECISION
- of 12 January 2011
- on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain
- (notified under document C(2010) 9566)
- (Only the Spanish text is authentic)
- (Text with EEA relevance)
- (2011/282/EU)
- I.
- PROCEDURE
- II.
- DETAILED DESCRIPTION OF THE CONTESTED MEASURE
- III.
- GROUNDS FOR INITIATING THE PROCEDURE
- IV.
- THE FIRST PARTIAL NEGATIVE DECISION
- V.
- COMMENTS FROM THE SPANISH AUTHORITIES AND INTERESTED THIRD PARTIES
- A.
- Comments from the Spanish authorities and the 30 interested parties
- A.1.
- The contested measure does not constitute State aid
- A.1.1.
- The contested measure does not confer an economic advantage
- A.1.2.
- The contested measure does not favour certain undertakings or the production of certain goods
- A.1.3.
- The contested measure neither distorts competition nor affects Union trade
- A.2
- Compatibility
- A.3
- Legitimate expectation and legal certainty
- B.
- Comments from the two parties
- B.1.
- The contested measure constitutes State aid
- B.1.1.
- The contested measure confers an economic advantage
- B.1.2.
- The contested measure favours certain undertakings or the production of certain goods
- B.1.3.
- The contested measure distorts competition and affects EU trade
- B.1.4.
- The contested measure impacts state resources
- VI.
- REACTION FROM SPAIN TO THE COMMENTS FROM THIRD PARTIES
- VII.
- ASSESSMENT OF THE SCHEME
- A.
- Selectivity and advantage inherent in the measure
- A.1.
- Tax treatment of financial goodwill under the Spanish tax system with respect to non-EU acquisitions
- A.1.1.
- Reference system
- A.1.2.
- Existence of a derogation from the reference system
- A.1.3.
- Existence of an advantage
- A.1.4.
- Justification of the measure by the logic of the Spanish tax system
- A.2.
- Complementary reasoning: analysis of the contested measure from the point of view of a reference system based on the one suggested by the Spanish authorities
- B.
- Presence of state resources
- C.
- Distortion of competition and trade between Member States
- D.
- The Commission’s reaction to the comments received
- D.1.
- Reaction to the data extracted from the 2006 tax returns and to the comments about the judgment of the Court of Justice in Case C-501/00
- D.2.
- Reaction to the comments on Commission practice
- D.3.
- Reaction to the comments on Article 65(1)(a) TFEU
- E.
- Conclusion on the classification of the contested measure
- F.
- Compatibility
- G.
- Recovery
- VIII.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- ANNEX I
- LIST OF THE INTERESTED THIRD PARTIES THAT SUBMITTED COMMENTS ON THE OPENING DECISION AND HAVE NOT ASKED TO REMAIN ANONYMOUS
- ANNEX II
- SUMMARY OF THE KPMG REPORT PRESENTED BY THE SPANISH AUTHORITIES
- ANNEX III
- SUMMARY OF THE GARRIGUES REPORT PRESENTED BY THE SPANISH AUTHORITIES
- Legal and regulatory aspects
- Tax aspects
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