COMMISSION DECISION
of 26 May 2010
concerning State aid in the form of a tax settlement agreement implemented by Belgium in favour of Umicore SA (formerly Union Minière SA) (State aid C 76/03 (ex NN 69/03))
(notified under document C(2010) 2538)
(Only the French and Dutch texts are authentic)
(Text with EEA relevance)
(2011/276/EU)
I.
PROCEDURE
II.
DETAILED DESCRIPTION OF THE AID
II.1.
General context of the agreement of 21 December 2000 between the Special Tax Inspectorate and Umicore
II.2.
Tax arrangements applicable to intra-Community supplies and exports of goods
1.
Taxation of supplies of goods
2.
VAT liability
3.
Exports
4.
Intra-Community supplies
5.
Taxation based on actual facts
6.
Procedure
7.
Settlement with the taxable person
8.
Imposition of administrative fines
9.
Proportionality of fines
10.
Possible reduction or cancellation of fines by the authorities
11.
Default interest
12.
Refund
13.
Possibility of deducting VAT from corporate tax
14.
Possibility of deducting VAT fines from corporate tax
15.
Powers of the Special Tax Inspectorate
II.3.
The beneficiary
II.4.
Checks made and adjustment notices sent by the Special Tax Inspectorate
II.5.
Basis of the settlement agreement of 21 December 2000
III.
GROUNDS FOR OPENING THE PROCEDURE
IV.
BELGIUM’S COMMENTS
V.
COMMENTS FROM INTERESTED PARTIES
V.1.
Umicore
V.2.
Anonymous third party
VI.
BELGIUM’S REACTION TO THE COMMENTS OF THE INTERESTED PARTIES
VII.
ADDITIONAL INFORMATION PROVIDED BY BELGIUM
VIII.
ASSESSMENT OF THE AID
VIII.1.
Preliminary remarks
VIII.2.
Existence of an advantage
VIII.2.1.
Regularity of the procedure
VIII.2.2.
Years 1995-96
1.
Deliveries of goods to customers established in Italy
2.
Deliveries of goods to customers established in Switzerland
3.
Deliveries of goods to customers established in Italy and Spain
4.
Consideration of the non-deductibility of the amount of the transaction
5.
Interest on late payments
6.
List of amounts owed for the period 1995-96
(BEF) |
|||
DESCRIPTION |
AMOUNTS OWED |
||
|
|
||
Administrative fine |
33 238 698 |
||
|
|
||
VAT owed |
312 608 393 |
||
Administrative fine (10 %) |
31 260 839 |
||
|
|
||
VAT owed |
63 216 555 |
||
Administrative fine (10 %) |
6 321 655 |
||
Sub-total |
BEF 446 646 140 |
||
|
141 310 180 |
||
Total owed in principle (VAT + interest) |
BEF 587 956 320 |
||
|
|
||
– negative impact of non-deductibility |
– 179 417 754 |
||
+ positive impact of deferred payment |
+8 612 052 |
||
TOTAL |
BEF 417 150 618 |