ARTICLE
31 March 2011

Hungary Opts Out Of EU Competitiveness Pact

CC
CMS Cameron McKenna Nabarro Olswang

Contributor

CMS is a Future Facing firm with 79 offices in over 40 countries and more than 5,000 lawyers globally. Combining local market insight with a global perspective, CMS provides business-focused advice to help clients navigate change confidently. The firm's expertise and innovative approach anticipate challenges and develop solutions. CMS is committed to diversity, inclusivity, and corporate social responsibility, fostering a supportive culture. The firm addresses key client concerns like efficiency and regulatory challenges through services like Law-Now, offering real-time eAlerts, mobile access, an extensive legal archive, specialist zones, and global events.

Hungary is to opt out of the proposed EU competitiveness pact because of its opposition to the proposed adoption of a common consolidated corporate tax base.
Hungary Antitrust/Competition Law

Hungary is to opt out of the proposed EU competitiveness pact because of its opposition to the proposed adoption of a common consolidated corporate tax base.

Euro-zone leaders agreed the competitiveness pact to increase market confidence as they seek to end the euro debt crisis. EU member states outside the euro-zone, such as Hungary, are allowed to opt out of the pact. The common consolidated corporate tax base is an important, but controversial part of this pact.

In addition to unifying the rules of calculating the corporate income tax base, the proposed Directive on the common consolidated corporate tax base would allow cross-border consolidation of profits and losses and eliminate the need to apply transfer pricing legislation for intra-group transactions within the EU. Corporate tax rates would remain in the competence of each Member State and thus rest unharmonised.

Hungary's Prime Minister has said that, from a strategic point of view, he did not support the proposal for member states to adopt a common consolidated corporate tax base.

However, he expressed support for the other main objectives of the pact, as they are consistent with Hungary's recently announced budgetary reforms. These are: enhancing competitiveness, boosting employment, improving the sustainability of public finances and strengthening financial stability.

The Ministry of National Economics has said that the pact does not fit into Hungary's corporate tax policy. According to its calculations, the proposed common consolidated corporate tax base would cause a drop in Hungary's corporate income tax revenues, end the tax system's flexibility and jeopardise revenues from the local business tax.

Even Brussels estimates that this step would reduce Hungary's GDP by 0.2-0.9 percentage points. This seems largely due to the proposed apportionment formula for distributing the consolidated tax base among the countries in which the corporate group has its subsidiaries. This does not seem to favour CEE countries, due to its heavy reliance on sales revenues and salary-related expenses.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 29/03/2010.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More