The Compatibility of the Spanish Windfall Levy on Credit Institutions with EU Law and International Economic Law (Investment Law and Tax Treaties)<sup>1</sup>-Reference-Cited by-同舟云学术

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

Published:2024-04-22 Issue:0 Volume:0 Page:
ISSN:2246-1809
Container-title:Nordic Tax Journal
language:en
Short-container-title:

Author:

Antón Ricardo García¹,Nový Zdeněk²,Seara David Báez³

Affiliation:

1. Assistant Professor of International and European Tax Law at Fiscal Institute Tilburg, Tilburg School of Economics and Management, Tilburg University , Tilburg , Netherlands

2. Assistant Professor in International and EU Law at the Faculty of Law of Masaryk University , Brno , Czechia

3. Principal Legal Counsel, European Central Bank, Frankfurt, Germany and Visiting Lecturer, Catholic University of Lille , Lille , France

Abstract

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.

Publisher

Walter de Gruyter GmbH

Link

https://www.sciendo.com/pdf/10.2478/ntaxj-2023-0010

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