<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>This contribution serves to provide a fully-fledged analysis of the compatibility of the Spanish windfall tax on credit institutions with EU law (EU monetary and banking policy, EU Fundamental Freedoms, and state aid) and international law (investment law and double tax treaties). Our analysis reveals that the design of the Spanish tax captures windfall profits that are large and easy to detect due to inflation and high interest rates. Although the tax is compatible with EU law, it compromises the area of bilateral investment treaties and bilateral tax treaties.</p>
</abstract>

This contribution serves to provide a fully-fledged analysis of the compatibility of the Spanish windfall tax on credit institutions with EU law (EU monetary and banking policy, EU Fundamental Freedoms, and state aid) and international law (investment law and double tax treaties). Our analysis reveals that the design of the Spanish tax captures windfall profits that are large and easy to detect due to inflation and high interest rates. Although the tax is compatible with EU law, it compromises the area of bilateral investment treaties and bilateral tax treaties.

The Compatibility of the Spanish Windfall Levy on Credit Institutions with EU Law and International Economic Law (Investment Law and Tax Treaties)<xref ref-type="fn" rid="j_ntaxj-2023-0010_fn_001"><sup>1</sup></xref>

Nordic Tax Journal

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Compatibility of the Spanish Windfall Levy on Credit Institutions with EU Law and International Economic Law (Investment Law and Tax Treaties)

This contribution serves to provide a fully-fledged analysis of the compatibility of the Spanish windfall tax on credit institutions with EU law (EU monetary...

The Compatibility of the Spanish Windfall Levy on Credit Institutions with EU Law and International Economic Law (Investment Law and Tax Treaties)¹

Article Category: Article

Publié en ligne: 22 avr. 2024

Pages: -

Reçu: 26 juin 2023

Accepté: 15 févr. 2024

DOI: https://doi.org/10.2478/ntaxj-2023-0010

Mots clés
Windfall Tax, Banks and Credit Institutions, Discrimination, State Aid, EU Monetary Policy, Banking Supervision, Bilateral Investment Treaties, Bilateral Tax Treaties

© 2023 R. García Antón et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Compatibility of the Spanish Windfall Levy on Credit Institutions with EU Law and International Economic Law (Investment Law and Tax Treaties)1

Article Category: Article

Publié en ligne: 22 avr. 2024

Pages: -

Reçu: 26 juin 2023

Accepté: 15 févr. 2024

DOI: https://doi.org/10.2478/ntaxj-2023-0010

Mots clésWindfall Tax, Banks and Credit Institutions, Discrimination, State Aid, EU Monetary Policy, Banking Supervision, Bilateral Investment Treaties, Bilateral Tax Treaties

© 2023 R. García Antón et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Compatibility of the Spanish Windfall Levy on Credit Institutions with EU Law and International Economic Law (Investment Law and Tax Treaties)¹

Mots clés
Windfall Tax, Banks and Credit Institutions, Discrimination, State Aid, EU Monetary Policy, Banking Supervision, Bilateral Investment Treaties, Bilateral Tax Treaties