Latest news with #TFEU
Local Spain
11 hours ago
- Business
- Local Spain
EU slams Spain for taxing non-residents on theoretical property earnings
The European Commission has said that it is "discriminatory" for Spain to tax non-resident foreigners on the value of their Spanish homes even if they don't earn income letting them out. According to Brussels, the non-resident tax rule violates the fundamental principles of the European Union, including the freedom of movement of workers and capital. The commission has demanded that the Spanish authorities modify their non-resident income tax (IRNR), specifically when it comes to real estate income. Spanish law states that non-fiscal residents have to pay tax of up to 2 percent of the cadastral value of their Spanish homes, even if they make any rental income from them. This 2 percent of the cadastral value would be 1.1 percent if the cadastral value has been revised within the last 10 years. The Spanish Treasury is essentially just charging non-residents a tax for theoretical income, even if they are not making any money from renting out their second home while not using it. However, this rule also affects Spanish residents who have a second home in Spain. For example, a Spanish fiscal resident who has their habitual residence in Barcelona but has a second home in Málaga would pay the aforementioned tax on the latter, even if they didn't make any money from it while not using it. Therefore, some commentators in Spain have said that the tax is not prejudicial at all for non-tax residents. An unfair tax for everyone perhaps, but not discriminatory towards non-residents or foreigners per se. The reason why Brussels may consider it discriminatory for non-residents with second homes in Spain is perhaps the fact that these people presumably pay any income tax derived from letting it out any of the properties they own in their own country of fiscal residence. There's also the fact that in most cases their Spanish home will be their habitual residence during the periods they spend in Spain, and in many cases their one and only Spanish property. The EU believes Hacienda's non-resident tax on theoretical earnings is incompatible with the Treaty on the Functioning of the European Union (TFEU) and the Agreement on the European Economic Area (EEA). Specifically, the Commission invokes Articles 45 and 63 of the TFEU, which guarantees the free movement of workers and capital. It also cites Articles 28 and 40 of the EEA Agreement, which provide similar guarantees for countries in the extended economic area that are not part of the EU, such as Norway, Iceland, and Liechtenstein. They argue that this tax could discourage non-EU citizens from investing or temporarily moving to Spain and creates a barrier to the freedom of movement. The Commission has urged Spanish authorities to correct the situation within a maximum of two months. If the EU find the response does not solve the problem though, they may consider starting further proceedings at the European Court of Justice. Whatever happens, it certainly indicates what could happen to the Spanish government's plans to introduce a 100 percent property tax on home buyers who reside outside of the EU, a proposed measure to help alleviate the current housing crisis. The so-called 'supertax' suggested by Spain's ruling Socialist party was officially presented in a draft proposal in the Congress in May. The text confirmed that the 100 percent would be applied to the taxable base or value of the property itself, not on the property transfer tax. This would effectively double the price of the property for these buyers. The document specified that it would be a 'State Complementary Tax on the Transfer of Real Estate to Non-Residents of the European Union'. This suggests that EU residency determines this extra property tax, rather than EU citizenship. Incredibly, if a Spanish citizen who lives in the UK wanted to buy a holiday home in Spain, they would be charged this 100 percent tax. In any case, this headline-grabbing 100 percent property tax would have to get approval in the Spanish Parliament, where Sánchez's PSOE have a weakened position, and there's every likelihood that Brussels could once again have the last word.
Gulf Insider
29-05-2025
- Politics
- Gulf Insider
Wilders Threatens Collapse Of Dutch Coalition If Asylum Freeze Is Not Implemented Within Weeks
Dutch right-wing leader Geert Wilders has issued a stark ultimatum to the country's ruling coalition, threatening to withdraw support from the government within weeks if it does not impose a strict asylum freeze. 'Otherwise we will get out,' the Party for Freedom (PVV) leader declared at a press conference on Monday, during which he presented a hardline 10-point plan aimed at radically curbing migration and dismantling existing asylum policies. Wilders' proposals include closing the borders to all asylum seekers, deploying the military to enforce border controls, halting family reunification for recognized refugees, and deporting tens of thousands of Syrians with temporary protection status. He also called for the closure of asylum seekers' centers, the fast repeal of the Dispersion Act, which distributes asylum seekers across municipalities, and the withdrawal of housing priority for status holders. 'Our patience has run out now,' said Wilders, claiming his party has been 'very reasonable and very patient' over the past year while waiting for tougher migration policies. He invoked Article 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to act unilaterally on matters of internal security, to justify a total border closure for asylum seekers. 'My limit, and the limit of a lot of Dutch people, has been reached,' he told journalists, as cited by TPO. 'Holland must become Holland again. The PVV will wait no longer.' One of the more radical proposals is the forced return of around 60,000 Syrians to what Wilders claims are now 'safe' areas of Syria following the fall of deposed former Syrian president Bashar al-Assad. 'The EU and the U.S. recently lifted the sanctions on Syria. So, it's time to go back!' he said. The plan further demands the immediate deportation of asylum seekers and dual nationals convicted of violent or sexual crimes. For dual citizens, Wilders proposes stripping them of Dutch nationality and removing them from the country, even if this means unilaterally exiting the European Convention on Nationality. He also criticized Dutch police leadership and local authorities for what he sees as a failure to maintain order during public unrest. Citing riots in Scheveningen and pro-Palestinian demonstrations, Wilders demanded tougher police intervention and said mayors who stand in the way should be suspended. 'If a mayor fails to let the police do their job, and when necessary use violence, they should pack their bags,' he said. Click here to read more…
Business Insider
27-05-2025
- Business
- Business Insider
Casino regulations in Europe: A comprehensive overview
The European casino industry operates within a complex regulatory framework that varies significantly across member states. Unlike other sectors, there is no unified EU legislation governing gambling services, leaving each country autonomous in organizing their gambling systems as long as they comply with the Treaty on the Functioning of the European Union (TFEU). The Fragmented Regulatory Landscape Most EU countries allow at least some games of chance to be offered online, though the scope varies considerably. Some countries permit all forms of gambling, while others restrict offerings to specific types such as sports betting, poker, or casino games. This diversity creates both opportunities and challenges for operators and players navigating the European market. The regulatory approaches generally fall into three categories: fully liberalized markets with competitive licensing systems, state monopolies, and hybrid models. Countries like the United Kingdom, Malta, and Sweden have established comprehensive licensing frameworks that allow multiple operators to compete. Conversely, Finland operates a state monopoly system, though this is set to change in 2027 when the country will transition to a partial licensing system. Key Regulatory Bodies and Frameworks Several prominent regulatory authorities oversee casino operations across Europe. The UK Gambling Commission remains one of the most influential, despite Brexit, setting high standards for consumer protection and responsible gambling. Malta Gaming Authority has become a popular licensing jurisdiction for online operators seeking to serve the broader European market. For players seeking comprehensive information about regulated casinos and current market conditions, resources like provide valuable insights and comparisons of licensed operators across different European jurisdictions. Spain's gambling market stands out as a well-regulated environment governed by the Dirección General de Ordenación del Juego (DGOJ), offering clear licensing processes and a stable operational framework. The country maintains a 20% gross gaming revenue tax, which remains manageable for established operators while ensuring proper regulatory oversight. Licensing Requirements and Standards European casino licensing involves rigorous application processes designed to ensure only credible and responsible operators enter the market. Licensing processes tend to be stringent, reflecting an overriding commitment to a well-regulated and transparent gambling environment within the continent. Operators must demonstrate several key capabilities: Technical infrastructure capable of supporting fair and secure gaming Robust player protection measures including age verification and responsible gambling tools Adequate capitalization and financial stability Anti-money laundering compliance systems Customer support and dispute resolution procedures Age verification is a universal requirement, with most EU countries setting the legal gambling age at 18, though exceptions exist such as Greece requiring players to be 23 and Estonia setting the minimum age at 21. Consumer Protection and Responsible Gambling Player protection forms the cornerstone of European casino regulation. Regulatory authorities mandate various safeguards including deposit limits, session time restrictions, and self-exclusion options. Recent regulatory changes in countries like Sweden have introduced strict bonus restrictions and enhanced monitoring requirements for operators to identify and intervene when gambling habits become problematic. The emphasis on responsible gambling has intensified, with regulators requiring operators to: Monitor player behavior for signs of problem gambling Provide clear information about odds and risks Offer effective self-exclusion tools Restrict marketing to vulnerable populations Implement cooling-off periods for concerned players Taxation and Economic Impact Europe's online gambling market is projected to reach $76.7 billion by 2033, growing at a 6.3% compound annual growth rate from $43 billion in 2025, with the UK, Germany, and Italy leading the way. This growth represents significant tax revenue potential for governments. Tax rates vary substantially across jurisdictions. France plans to implement one of Europe's highest tax rates at 55.6% for online casino operations, while other countries maintain more moderate levels. Hungary applies different tax structures for various gambling types, with online sports betting taxed at 15% and casino operations subject to sliding scale taxation based on annual gross gaming revenue. Advertising and Marketing Restrictions European regulators have implemented increasingly strict advertising controls. Many jurisdictions now prohibit: Sweden's recent regulations have banned bonus offers entirely, while Malta has introduced transparency requirements for promotional materials. These restrictions aim to reduce gambling-related harm while maintaining market competitiveness. Emerging Trends and Future Developments The European casino regulatory landscape continues evolving rapidly. France is expected to launch regulated online casino services in 2025, ending its position as one of only two EU countries (along with Cyprus) to completely ban online casino gaming. Technology integration presents both opportunities and challenges for regulators. Artificial intelligence and blockchain technologies offer new possibilities for ensuring fair play and preventing fraud, while also requiring updated regulatory frameworks to address their implementation. Cross-border enforcement remains a significant challenge, with regulators implementing website blocking measures and payment restrictions to prevent unlicensed operators from serving their markets. Compliance Challenges for Operators Operating across multiple European jurisdictions requires sophisticated compliance programs. Operators must navigate: Varying licensing requirements and renewal processes Different technical standards and game approval procedures Distinct advertising and promotional restrictions Multiple tax regimes and reporting obligations Diverse responsible gambling requirements The complexity has led to increased licensing costs and stricter criteria, effectively thinning the competitive field while raising operational standards. What's next for European casino regulation? The European casino regulatory environment will likely continue fragmenting in the short term, with individual countries pursuing distinct approaches based on their specific social and economic priorities. However, pressure for greater harmonization may increase as cross-border issues become more complex and the industry continues growing. While there will be no single EU-wide gambling law in 2025, the European Commission and Court of Justice continue developing oversight principles that member states must align with. This suggests a gradual movement toward greater regulatory coordination, even without full harmonization. Success in the European casino market requires operators to maintain flexibility, invest in robust compliance systems, and stay current with rapidly evolving regulatory requirements across multiple jurisdictions. For players, this regulatory evolution ultimately aims to provide safer, more transparent gaming experiences while preserving the entertainment value that makes casino gaming popular across Europe.
Wales Online
13-05-2025
- Business
- Wales Online
Popular holiday hotspot facing fines after 12-year delay
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info Cyprus could face hefty fines from the European Union for not shutting down two landfill sites that have been contaminating water and posing a public health risk. The EU pinpointed the dumps at Kotsiatis and Vati as rule-breakers back in 2013, and despite promises to close and rehabilitate the sites, they remain operational. The EU expressed its concerns, stating: "In 2013, the court ruled that the landfill of Vati in Limassol and the landfill of Kotsiati in Nicosia did not comply with the landfill directive". On April 28, 2017, Cyprus received a formal notice under Article 260 TFEU, following the court's judgment, according to the statement. "Although no waste has been sent to these landfills for more than six years, they have still not been rehabilitated and closed as required by the landfill directive," the Commission pointed out. Moreover, the Commission highlighted that Cyprus has repeatedly delayed the implementation schedule for the judgment, leaving the landfills as ongoing threats to human health and the environment. The statement concluded with a warning that the case would be referred "back to the Court of Justice of the European Union, requesting the imposition of financial sanctions." Despite this stern warning from the Commission, Theodoros Mesimeris, head of the Cypriot Environment Department, remains optimistic that Cyprus can dodge the fines. "For the first time, we have in place a holistic plan for handling all waste streams and for deterring illegal waste-disposal practices," stated Mesimeris. He announced the strategy will include enhancing the management processes at Kotsiatis and for 71 other landfill sites in Nicosia by 2026. Additionally, Mesimeris noted the Vati site and another 47 sites in Limassol are set for a thorough makeover with completion anticipated by 2029.
Yahoo
11-04-2025
- Politics
- Yahoo
‘Exhausted' Germany could use emergency EU powers to block asylum seekers
Germany is 'exhausted' by mass migration and may need to use emergency EU powers to turn away asylum seekers, an ally of Friedrich Merz has said. Günter Krings, an MP and policy negotiator for the incoming chancellor's Christian Democrats [CDU] party, said the new government could invoke Article 72 of the bloc's main treaty to 'generally' reject asylum seekers at Germany's land borders. The emergency clause, from the Treaty on the Functioning of the European Union [TFEU], allows EU members to suspend certain rules such as asylum procedures if they pose a threat to 'internal security' and the 'maintenance of law order'. Mr Krings, who negotiated migration policy in the coalition talks, told The Telegraph: 'More than four million asylum seekers and war refugees came to Germany in the last decade, our capacities to integrate so many people into our society are exhausted, our public order and internal security severely affected.' The MP pointed out that Olaf Scholz, the outgoing chancellor, set a precedent for using Article 72 on security grounds when he reintroduced passport checks at all German land borders last year. 'It can also be used to generally reject asylum seekers without a proper visa,' Mr Krings said. Mr Merz vowed to chart a 'new course' on migration this week as he announced a coalition government with the centre-Left Social Democrats, following his election victory in February. Mass rejections of asylum seekers at land borders was a key campaign pledge for Mr Merz, who is under intense political pressure from Alternative for Germany [AfD], the hard-Right party that came second in the federal elections. The coalition deal announced this week states that Germany will reject asylum seekers at its borders 'in coordination with EU neighbours', and launch a 'repatriation offensive' of illegal migrants. Another key policy is abolishing a Scholz government reform that allowed foreigners to acquire German citizenship in just three years, rather than five. As several neighbouring countries have already ruled out cooperating on border rejections, CDU officials expect they may need to take stronger measures, such as invoking Article Article 72 to scrap EU asylum rules would be controversial, and experts are divided on whether it is even German government would have to supply proof that it was dealing with a national emergency, which may be difficult as recent figures show a 30 per cent drop in asylum applications. In another potential legal hurdle, EU law states that asylum seekers should be allowed to enter a country before their claim can be Mr Krings, who worked as a lawyer before entering politics, said this argument overlooks the fact that asylum seekers crossing into Germany have already been granted refuge in a safe EU country, such as Austria or Poland. 'It clearly follows from EU law that any asylum procedure must be started in the country in which an asylum seeker is currently located,' he said. 'So if he is in Austria for example, Austria must either carry out the asylum procedure itself or transfer the asylum seeker to the country where he first entered European soil. 'It would be absurd to assume that the responsibility for his asylum case should miraculously switch to Germany, once this person just shows up at the German border.'Mr Krings added that 'as long as an asylum seeker has not legally crossed our border', they cannot be considered part of the German legal or social security system. 'Therefore a unilateral rejection at our borders is lawful and fair,' he CDU's current priority is striking deals on a 'smoother and more effective' security regime with neighbouring countries to support border rejections, he said. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
