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The EC’s guidance on state aid

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The European Commission has published a final draft of its Communication on the application of TFEU art 107 on the notion of state aid. Specific tax issues considered include tax rulings, settlements, amnesties, depreciation, collective investment vehicles and excise duties. The guidance sets out the EC’s view that, among other things: the arm’s length principle forms part of the Commission’s assessment of tax measures under art 107, regardless of whether that principle is part of the national legal system; tax settlements may well involve state aid; and, state aid impacts much more broadly on the tax system than just in relation to transfer pricing rulings

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