<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

Data publikacji: 22 kwi 2024

Zakres stron: -

Otrzymano: 26 cze 2023

Przyjęty: 15 lut 2024

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

Słowa kluczowe
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

Data publikacji: 22 kwi 2024

Zakres stron: -

Otrzymano: 26 cze 2023

Przyjęty: 15 lut 2024

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

Słowa kluczoweWindfall 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

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