2011/276/EU: Commission Decision of 26 May 2010 concerning State aid in the form ... (32011D0276)
2011/276/EU: Commission Decision of 26 May 2010 concerning State aid in the form of a tax settlement agreement implemented by Belgium in favour of Umicore SA (formerly Union Minière SA) (State aid C 76/03 (ex NN 69/03)) (notified under document C(2010) 2538) Text with EEA relevance
- COMMISSION DECISION
- of 26 May 2010
- concerning State aid in the form of a tax settlement agreement implemented by Belgium in favour of Umicore SA (formerly Union Minière SA) (State aid C 76/03 (ex NN 69/03))
- (notified under document C(2010) 2538)
- (Only the French and Dutch texts are authentic)
- (Text with EEA relevance)
- (2011/276/EU)
- I.
- PROCEDURE
- II.
- DETAILED DESCRIPTION OF THE AID
- II.1.
- General context of the agreement of 21 December 2000 between the Special Tax Inspectorate and Umicore
- II.2.
- Tax arrangements applicable to intra-Community supplies and exports of goods
- 1.
- Taxation of supplies of goods
- 2.
- VAT liability
- 3.
- Exports
- 4.
- Intra-Community supplies
- 5.
- Taxation based on actual facts
- 6.
- Procedure
- 7.
- Settlement with the taxable person
- 8.
- Imposition of administrative fines
- 9.
- Proportionality of fines
- 10.
- Possible reduction or cancellation of fines by the authorities
- 11.
- Default interest
- 12.
- Refund
- 13.
- Possibility of deducting VAT from corporate tax
- 14.
- Possibility of deducting VAT fines from corporate tax
- 15.
- Powers of the Special Tax Inspectorate
- II.3.
- The beneficiary
- II.4.
- Checks made and adjustment notices sent by the Special Tax Inspectorate
- II.5.
- Basis of the settlement agreement of 21 December 2000
- III.
- GROUNDS FOR OPENING THE PROCEDURE
- IV.
- BELGIUM’S COMMENTS
- V.
- COMMENTS FROM INTERESTED PARTIES
- V.1.
- Umicore
- V.2.
- Anonymous third party
- VI.
- BELGIUM’S REACTION TO THE COMMENTS OF THE INTERESTED PARTIES
- VII.
- ADDITIONAL INFORMATION PROVIDED BY BELGIUM
- VIII.
- ASSESSMENT OF THE AID
- VIII.1.
- Preliminary remarks
- VIII.2.
- Existence of an advantage
- VIII.2.1.
- Regularity of the procedure
- VIII.2.2.
- Years 1995-96
- 1.
- Deliveries of goods to customers established in Italy
- 2.
- Deliveries of goods to customers established in Switzerland
- 3.
- Deliveries of goods to customers established in Italy and Spain
- 4.
- Consideration of the non-deductibility of the amount of the transaction
- 5.
- Interest on late payments
- 6.
- List of amounts owed for the period 1995-96
- VIII.2.3.
- Years 1997-98
- VIII.2.4.
- Conclusions concerning the existence of an economic advantage
- IX.
- CONCLUSION
- Article 1
- Article 2
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