Entrepreneurial, Corporate and Asset Emigration in Exit Taxation in the ATAD

This chapter analyses the provisions in the Anti-Tax Avoidance Directive (ATAD) that deal with exit taxation. First, in section 13.2., the author will demonstrate that the matter of exit taxation is a longstanding endeavour of the European Commission. There will be a brief overview of exit taxation in section 13.3. to help illustrate the main mechanics of the provisions. In section 13.4., the question as to whether there is a link between the exit taxation provisions and the OECD/G20 project to fight the phenomenon of base erosion and profit shifting (BEPS) will be addressed. In section 13.5., an overview will be given of the jurisprudence of the Court of Justice of the European Union (ECJ) on the matter of exit taxation. A more detailed description of the exit taxation provisions as formulated in the ATAD will be given in section 13.6., followed by some conclusions in section 13.7.