EU Tax Law

Elective

The course EU Tax Law will enable students to develop an in-depth understanding of European Union (EU) tax law and policy in the global context. This course will provide a comprehensive overview of the key aspects necessary for understanding how EU law affects investors and other economically active persons and entities within the EU and from third countries; as well as demonstrating how the EU’s tax policies are influenced by and shape global tax developments.

The programme will include the study of:

•The primary law of the European Union and the effects it has on Member States’ direct taxation through the fundamental freedoms. This part will focus on landmark cases and several case studies which illustrate the impact of EU law on national tax systems, including exit taxation and anti-avoidance cases. Both the examples of the application of the freedoms within the territory of the EU/EEA and in third-country scenarios will be addressed. 

•The interaction between the international and European legal order in the tax context. The relationship between various types of legal instruments will be covered, including possible tensions between the Anti-Avoidance Directive and bilateral tax treaties and the application of the OECD’s Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting in the EU.

•EU fiscal state aid. This part will offer an overview of fundamental features of the EU fiscal state aid regime, its impact on tax rulings by EU Member States and an in-depth inquiry into the Apple case.

•The EU secondary legislation which facilitates cross-border capital flows (the Parent-Subsidiary Directive and the Interest and Royalties Directive), tackles abusive tax practices (the Anti-Avoidance Directive), stimulates administrative cooperation (the Directives on Administrative Cooperation in Tax Matters) and introduces an obligation on Member States to arrive at a resolution of all disputes that originate in bilateral tax treaties (Directive on Tax Dispute Resolution) will be discussed.

•Non-binding measures (the so-called “soft law”), including those aimed at tackling “harmful tax competition” and the promotion of good tax governance in third countries through the “black” and “grey” lists of non-cooperative jurisdictions. 

•Current issues in EU tax law and ongoing policy work, including the proposed harmonisation of corporate tax base and the introduction of formulary apportionment (Directive on Common Consolidated Corporate Tax Base), and the initiative on the taxation of the digitalised economy.

The course is taught by Dr Anzhela Cédelle, Oxford University Centre for Business Taxation and others.