Anti‑abuz vs. Abuz: Poate decide fiscul în locul contribuabilului distribuirea de dividende?
Anti‑abuz vs. Abuz: Poate decide fiscul în locul contribuabilului distribuirea de dividende?
Author(s): Cosmin Flavius Costaş, Radu Călin BudaSubject(s): Public Law, Law on Economics, Fiscal Politics / Budgeting, Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: companies; profits; distribution of profits; undistributed profits; dividends; obligation to distribute dividends; merger; tax consequences; abuse of law; general anti-abuse rule; requalification;
Summary/Abstract: Following decisions taken in a recent tax audit, the authors comment on the application of the Romanian General Anti-Abuse Rule contained in article 11 par. (1) of the Tax Code. The matter concerned was that of the company’s profit not distributed to old shareholders and conserved as such in the company’s books. Following a merger, tax inspectors considered that profit should have been distributed as dividends and taxed the amounts as such. This study intends to explain why the arguments of the tax authority are not valid and there was no abuse of law in question.
Journal: Cluj Tax Forum
- Issue Year: V/2022
- Issue No: 5
- Page Range: 323-333
- Page Count: 12
- Language: Romanian
- Content File-PDF