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Case C-207/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Commissione tributaria regionale di Milano — Italy) — 3D I srl v Agenzia delle Entrate — Ufficio di Cremona (Taxation — Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Articles 2, 4 and 9 — Transfer of assets — Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets — Deferral of taxation — Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company)
ECLI:EU:UNKNOWN:62011CA0207
62011CA0207
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16.2.2013
Official Journal of the European Union
C 46/4
(Case C-207/11) (<span class="super">1</span>)
(Taxation - Directive 90/434/EEC - Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States - Articles 2, 4 and 9 - Transfer of assets - Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets - Deferral of taxation - Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company)
2013/C 46/07
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: 3D I srl
Respondent: Agenzia delle Entrate — Ufficio di Cremona
Re:
Request for a preliminary ruling — Commissione tributaria regionale di Milano — Interpretation of Articles 2, 4 and 8(1) and (2) of Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (OJ 1990 L 225, p. 1) — Transfer of assets — National legislation providing for the taxation of the capital gains arising from a transfer of assets and for the capital gain to correspond to the difference between the initial cost of acquiring the assets in exchange for the shares or holdings transferred and their current market value — Exemption where the transferring company carries over in its own balance sheet a special reserve fund equivalent to the capital gains arising upon the transfer
Operative part of the judgment
Articles 2, 4 and 9 of Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States must be interpreted as not precluding, in a situation such as the one at issue in the main proceedings, the consequence of a transfer of assets being the taxation of the transferring company on the capital gain arising from that transfer, unless the transferring company carries over in its own balance sheet an appropriate reserve fund equivalent to the capital gain arising upon that transfer.
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Language of the case: Italian.
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(<span class="super">1</span>) OJ C 211, 16.7.2011.