Examples of using Restructuring operations in English and their translations into Slovak
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Restructuring operations.
Why can the Commission not apply the same economic and social criteria to restructuring operations?
This means that restructuring operations of the kind mentioned in Article 4(b) are no longer subject to capital duty.
This Directive introduces a common system of taxation for cross-border restructuring operations.
This possibility no longer exists, as restructuring operations are not among the transactions that may be subject to capital duty.
Primary issuance of shares and bonds,units of collective investment funds and certain restructuring operations will not be taxed.
The restructuring operations defined by Article 4 comprise two types of mergers:(a) mergers effected by contribution of assets, and(b) mergers effected by exchange of shares.
The issuance of shares and units in collective investment funds and restructuring operations are now also excluded from the scope.
(b) for projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits.
The raising of capital(i.e. primary issuance of shares and bonds, units of collective investment funds)and certain restructuring operations will not be taxed.
Article 5(1)(e) is new and sets out specifically that the restructuring operations mentioned in Article 4 are not subject to indirect tax.
Article 5(1)(e) therefore constitutes a substantive amendment, which affects the MemberStates that currently charge capital duty on the restructuring operations in question.
On the one hand, restructuring operations previously covered by ex-Article 7(1)(b), now Article 4(a), have been exempted from capital duty, since the 1985 amendment.
This is a substantive amendment that affects all MemberStates which currently charge indirect taxes on restructuring operations not involving an increase in capital.
Certain restructuring operations, which used to be covered by ex-Article 4(1), are now defined separately in Article 4, and the introductory part of Article 3 therefore constitutes a substantive amendment.
Nor will it apply to the traditional investment banking activities in the context of the raising of capital orto financial transactions carried out as part restructuring operations.
Such an increase is no longer required under the definition of restructuring operations in Article 4,so the Directive will apply to such restructuring operations regardless of whether they result in an increase in capital or not.
My second message, which is also a very definite request to the Commission, is that I should like to see the Commission taking much clearer action andbeing much less compromising in future when it comes to restructuring operations.
According to this Article the Directive regulates the levyingof indirect taxes in respect of contributions of capital for capital companies, restructuring operations involving capital companies, and the issue of certain securities and debentures.
The territorial framework in which restructuring operations and processes for anticipating them take place, through coordination between outside stakeholders and companies, and in which guidance and support mechanisms are put into practice, especially for SMEs; and.
I still have doubts about certain aspects, such as the explicit reference to new legislation on resource efficiency,the creation of task forces at national level to manage restructuring operations, and especially enhanced cooperation on the European patent.
Some of the restructuring operations now referred to in Article 4, namely mergers not involving an increase in capital, did previously fall outside the scope of the Directive, and Member States were therefore free to charge indirect taxes on those restructuring operations.
On the other hand, Member States that charged capital duty as at1 July 1984(or their date of accession) on the restructuring operations covered by ex-Article 7(1)(bb), now Article 4(b), at the ordinary rate have had the possibility to continue to do so under ex-Article 7(1).
Furthermore, this Communication also states that restructuring operations are often essential to the survival and development of enterprises, although it is necessary to accompany these changes in such a way as to ensure that their effects on employment and working conditions are as short-lived and limited as possible.
The restructuring operation described in Article 4(b) corresponds in principle to the one described in ex-Article 7(1)(bb),that is restructuring operations where a capital company acquires shares representing at least 75% of the issued share capital of another capital company.
In a nutshell, these concern deficiencies in existing EU tax legislation and its implementation in some Member States, the general lack of cross-border loss-offset for subsidiaries,tax problems with cross-border restructuring operations, the application of double taxation treaties and transfer pricing issues.
The restructuring operation described in Article 4(a) corresponds in principle to the one described in ex-Article 7(1)(b),that is restructuring operations where capital companies transfer all their assets and liabilities, or parts of their business to other capital companies.
That is why we insisted on tabling and voting on some amendments which aim to reinforce the right of information and consultation of workers' representatives in all cases, including the right of veto,particularly where there are restructuring operations and attempts to relocate companies, especially transnational companies, in which workers' rights are not respected.
Any restructuring operation, in particular one of major size which generates a significant impact, should be based on a dialogue with the stakeholders.
Any proposed restructuring operation should be fully explained to employees' representatives who should be given such information about the proposed restructuring as to enable them to undertake an in-depth assessment and to prepare for consultations, where appropriate.