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Tax implications of environmental disasters and pollution

Ingenaaid Engels 2015 9789041156112
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There is little doubt that tax authorities can provide significant relief when disasters occur, yet there is generally nothing approaching consensus on what kinds of tax measures are most effective. In most cases the public policy response remains an ad hoc mix of subsidies, insurance schemes, and tax relief, with the latter component least defined. This book, however – the first on this key topic of growing importance – bears witness to the potential for a global tax framework that can be seen as emerging in international law.

Drawing primarily on CJEU case law and the European Commission’s approach, twelve well known experts on international tax discuss the various experiences of several Member States (Germany, Spain, Italy, Austria, France, Portugal, Hungary, and the Nordic Countries).

The contributors analyse measures of public finance and ‘compensatory’ taxation taken in recent years for geographical areas struck by disasters, whether naturally caused or due to human error or environmental pollution. The focus is on EU commitments and policies, with particular regard to the effects of the so-called prohibition of State aid laid down by Article 107 TFEU. Also included is a comparative analysis of the relevant Japanese tax regime that has developed in the wake of the exceptional challenge of the Fukushima nuclear disaster.

For each national tax system covered, the book examines such issues and topics as the following:

- public finance interventions;
- compulsory insurance mechanisms as either complements or alternatives to tax relief;
- recovery measures vs. development measures;
- justifications required for tax development measures in order to obtain authorization by the
European Commission;
- specific advice on tax measures granted to subjects willing to invest in areas struck by disaster;
- and regulations specific to marine accidents in international waters.


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INTRODUCTION Public Finance, State Aid and Tax Relief for Areas Struck by Natural Disasters and Pollution Lorenzo del Federico

CHAPTER 1 European Fiscal and Tax Policies for Damaged Areas: The European Legal Framework of Reference Pasquale Pistone & Edoardo Traversa

CHAPTER 2 The Austrian and German Systems Werner Haslehner

CHAPTER 3 The Spanish System Carlos María López Espadafor

CHAPTER 4 The Italian System Livia Salvini & Sarah Supino

CHAPTER 5 The Nordic Countries’ Systems Björn Westberg & Cristina Trenta

CHAPTER 6 The Portuguese System Guilherme Oliveira Martins & Raquel Franco

CHAPTER 7 The French System Stéphane Buffa

CHAPTER 8 The Hungarian System Borbála Kolozs

CHAPTER 9 The Japanese Experience: Fukushima beyond Disaster – Tax and Public Finance Assistance Yasuyuki Kawabata

CHAPTER 10 Tax Issues of Cross-Border Disasters and Marine Accidents in International Waters Pernille Wegener Jessen & Pietro Mastellone

CONCLUSION Points of Convergence, Critical Remarks and Future Prospects Massimo Basilavecchia

APPENDIX Table A.1 – Definition of ‘Disaster’ in EU Member States

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        Tax implications of environmental disasters and pollution