Council Directive 2009/133/EC of 19 October 2009 ()
eira:ABBeira:Non-bindingInstrumentRequirement
dct:modified2023-08-09
dct:spatialEU
dct:identifierhttp://data.europa.eu/eli/dir/2009/133/oj
dct:titleCouncil Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States
dct:descriptionCouncil Directive 2009/133/EC is a European Union directive that sets out the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States. It aims to eliminate obstacles to cross-border reorganizations, such as double taxation, and to ensure that the internal market functions smoothly.
dct:publisherEUR-Lex
dct:sourcehttps://eur-lex.europa.eu/eli/dir/2009/133/oj
skos:exampleFor instance, if a company based in France merges with a company based in Germany, the directive ensures that the French company is not taxed by France on the difference between the real value of the assets and liabilities transferred and their value for tax purposes. Similarly, the German company will not be taxed by Germany on any income or capital gains deriving from the transfer of assets. Instead, the taxation of these items is deferred until they are realized, for example, through the sale of the assets.
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skos:noteThe directive provides that the Member State of the transferring company shall not tax the difference between the real value of the assets and liabilities transferred and their value for tax purposes. It also provides for the deferral of taxation of the income or capital gains deriving from the transfer of assets, the exchange of shares or the transfer of the registered office of an SE or SCE. The directive also includes provisions on the valuation of assets and liabilities, the treatment of losses, and the exchange of information between Member States.
eira:viewLV-Binding Power and Jurisdiction