Examples of using Deutsche shell in English and their translations into Hungarian
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DEUTSCHE SHELL gives the following.
Is there an advantage which offsets the disadvantage suffered by Deutsche Shell in this case?
In 1974, Deutsche Shell set up a branch in Italy.
On 17 July 1992,the monies realised on the sale of the shares to Edison were transferred to Deutsche Shell.
DEUTSCHE SHELL result of such operations would be deductible.
Therefore the disadvantage suffered by Deutsche Shell is attributable to the decisions of the German authorities.
Freedom of establishment- Tax legislation- Taxation of companies- Deduction of losses:judgment of 28 February 2008(Deutsche Shell, C-293/06).
The Finanzamt argues that that the description of the facts given by Deutsche Shell is largely fictive, as is the currency loss itself.
Deutsche Shell then sold the shares acquired through that transfer to an independent Italian company(Edison Gas SpA.:‘Edison').
According to the facts as stated bythe referring court, the claimant before that court, Deutsche Shell GmbH(‘Deutsche Shell'), is a company which has its seat and principal place of business in Germany.
Thus Deutsche Shell takes as its model for comparison a German parent company with an establishment in Germany, which operates in more than one currency.
Germany and the Netherlands submit that the coherence of the Germanfiscal system might be compromised if Deutsche Shell were permitted to take a currency loss into account when calculating its global profits for taxation in Germany.
On 14 August 2003 Deutsche Shell brought an action before the Finanzgericht Hamburg against the dismissal of its objection by the Finanzamt.
Deutsche Shell regarded the negative difference of DEM 122 698 502 resulting from the comparison between the amount of DEM 111 868 677 and the‘the startup capital' as a‘currency loss'.
As a consequence of exercising its right to freedom of establishment, Deutsche Shell has suffered a loss which cannot be taken into account in the valuation of its global profits for the purposes of tax assessment.
As Deutsche Shell had achieved an overall profit for 1992 through its Italian branch, even when the currency loss is taken into account, no deductible loss under Paragraph 2a(3) of the EStG ever arose.
If the currency loss had to betaken into consideration as operating expenditure in Germany, Deutsche Shell would enjoy a double tax advantage, since the positive result of its permanent establishment is exempt from tax in Germany under the Convention and the currency loss cannot be taken into account for the basis of assessment in Italy.
Deutsche Shell and the Commission confine themselves to the first question, adding only that if the answer to the first question is yes, then an affirmative answer should also be given to the second question.
On 28 February 1992 Deutsche Shell transferred the assets of the branch to a wholly-owned subsidiary(Sierra Gas SrL.:‘Sierra') and closed down the branch.
Deutsche Shell argues that there is nothing‘fictive' about a situation in which, due to the devaluation of the ITL against the DEM, a sum by way of startup capital denominated in ITL halves in value, when converted back into DEM.
On 28 February 1992, Deutsche Shell transferred the assets of its permanent establishment to an Italian subsidiary, Sierra Gas Srl, a transaction for which it had to reveal its hidden reserves.
DEUTSCHE SHELL by applying its own tax law and thereby calculate the income attributable to a permanent establishment, it is unacceptable for a Member State to exclude from the basis of assessment of the principal establishment currency losses which, by their nature, can never be suffered by the permanent establishment.
Before the Finanzgericht Hamburg, Deutsche Shell submitted that the fact that it was unable to deduct the‘currency loss' for corporation tax purposes is incompatible with the freedom of establishment.
DEUTSCHE SHELL tax powers with respect to the results of a permanent establishment which belongs to a company established in the territory of that State in order to justify the refusal to deduct expenditure incurred by that company which, by its nature, cannot be taken into account in the Member State where that establishment is situated.
Both the Commission and Deutsche Shell emphasise that, were the exchange rate losses instead an exchange rate profit, failing to include that element in the tax computation would make the resulting financial gain‘argent blanc'.
DEUTSCHE SHELL profits and to exclude that loss, on the basis of the exemption under Articles 3(1), 3(3) and 11.1(c) of the… Convention… from the basis of assessment for German tax, even though the currency loss cannot form part of the establishment's profits to be assessed for purposes of taxation in Italy and thus cannot be taken into account in either the State of origin or in the State in which the establishment is situate?
As far as concerns the specific argument alleging that Deutsche Shell is likely to benefit from a double advantage from the currency loss, it must be observed that a Member State which has waived its tax powers by concluding a double taxation convention such as that applicable in the main proceedings cannot rely on the lack of.
Case C-293/06: Deutsche Shell GmbH v Finanzamt für Großunternehmen in Hamburg(Freedom of establishment- Taxation of companies- Monetary effects upon the repatriation of startup capital granted by a company established in one Member State to its permanent establishment in another Member State)(Reference for a preliminary ruling from the Finanzgericht Hamburg).
However, as both Deutsche Shell and the Commission have highlighted in their observations, Italy operated in ITL in 1992 and all computations for tax purposes would, accordingly, have been carried out solely in ITL.
They also state that Deutsche Shell and the permanent establishment formed a single economic entity and that, on the group balance sheet, there were always economic fluctuations related to changes in the exchange rate.