| Abstract [eng] |
Being a result of the rapid development of economical and juridical relations holding companies play an increasing role in the EU as well as globally. Although the regulation of direct taxes is left for the competence of member countries, most important holding companies’ taxation - related questions are harmonized within the EU. There is a special directive regulating important mergers, acquisition, alienation of property and exchange of shares operations. Moreover, there is a special directive for regulation of the common taxation system applicable for parent and subsidiary companies, which helps to prevent double taxation of dividends, as well as directive which harmonizes taxation of interests and royalties in the EU. First part of the thesis is dedicated for the universal analysis of the conception of holding. It is therefore being examined in general, juridical and economic terms. The analysis made shows that the conception of holding is not yet definite, therefore it is relevant to estimate only one core lineament of holding companies, namely controlling the shares of other companies. The accomplished analysis in the second part of the thesis shows how main principles of the EU directives are transferred to the specific provisions of Lithuanian legal acts. Although Lithuania seeks to apply the directives properly, remarkable foreign investors’ discrimination nuances and other inaccuracies are still present. Third part of the thesis explores questions regarding the establishment of international holding companies in the EU analyzing conditions determining the choice of country of residence for the holding company. Further on, the examples of Luxembourg and Holland are chosen to portray countries having deep holding taxation traditions. Cyprus is chosen as an interesting example of a new EU country being successful in attracting investments and transferring EU directives into their national law properly. Analysis of the examples shows that different EU countries are not equally attractive for the establishment of the holding companies due to their taxation systems. |
