Keywords
Summary

Keywords

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Tax provisions - Harmonization of laws - Indirect taxes on the raising of capital - Waiver by a parent company of a claim against its subsidiary - Subjection to capital duty - Permissible

(Council Directive 69/335, Art. 4(2)(b) )

Summary

Where a parent company clears off a liability of a subsidiary by waiving all or part of a claim against the subsidiary, capital duty may be levied under Article 4(2)(b) of Directive 69/335 concerning indirect taxes on the raising of capital.

Owing to the taking over of all or part of the subsidiary' s losses, such a waiver represents the provision of a service which increases the assets of that company and may increase the value of its shares by helping to strengthen its economic potential.