The EU Directive against Tax Avoidance (ATAD-1) (original) (raw)
2017, Contemporary issues in Tax Research
The Anti Tax Avoidance Directive (ATAD-1) is perhaps the most important goal achieved so far by the European Union in the struggle against international avoidance and evasion: it makes the most of the findings and recommendations OECD summarized in the BEPS action plan. The goal of this paper is to compare the solutions adopted by the EU in the directive with the domestic provisions already in force in some member States, including Italy and the UK. The methodology chosen is comparative in its nature. Qualified anti-avoidance provisions (such as GAARs and DPT) already in force on a national scale have be tested in order to see whether they are compatible with the new European guidelines and rules. The first findings allow the interpreter to draw different conclusions depending on the national rules tested. While for some of them, such as the DPT (Diverted Profits Tax) the consistency with OECD recommendations and EU law is uncertain, others (such as most of the National GAARs) appear to be already compliant with the new European standards. In this later case however, the influence of EU law will be arguably essential in terms of interpretation of the rule, widening or narrowing its scope, together with the need to counterbalance the power of the Tax administration with the protection of the fundamental rights of the taxpayer that some Administrations are reluctant to grant while making use of GAARs. The conclusions stress also the innovative double standard approach of the EU legislator that made use of different provisions (more or less aggressive towards the taxpayer) depending on whether the tax structure is European or involves also third Countries.
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Corporate Income Tax Avoidance in the European Arena - Evidence and Remedies
2015
According to the OECD, 4% to 10% of the global corporate income tax revenue, i.e. USD 100 to 240 billion annually, is lost due to corporate income tax avoidance (OECD, 2015). Although the existence of the issue is well-accepted by the tax policy makers of the developed world, it is extremely difficult to agree on an international tax policy standard which could reduce the vulnerability of the sovereign tax regimes. In this article, we summarize the historical background of corporate income tax avoidance, and provide evidence of its existence in the EU member states. In addition, we also examine a new international income tax model proposed by the European Commission and analyse the expected effects of the proposal onthe risk associated with tax avoidance in Europe.
Corporate Income Tax Avoidance in the European Arena
Theory, Methodology, Practice, 2015
According to the OECD, 4% to 10% of the global corporate income tax revenue, i.e. USD 100 to 240 billion annually, is lost due to corporate income tax avoidance (OECD, 2015). Although the existence of the issue is well-accepted by the tax policy makers of the developed world, it is extremely difficult to agree on an international tax policy standard which could reduce the vulnerability of the sovereign tax regimes. In this article, we summarize the historical background of corporate income tax avoidance, and provide evidence of its existence in the EU member states. In addition, we also examine a new international income tax model proposed by the European Commission and analyse the expected effects of the proposal onthe risk associated with tax avoidance in Europe.
The General Anti-avoidance Rule: its Expanding Role in International Taxation
Revista Direito Tributário Internacional Atual, 2017
Este artigo discute a função das normas gerais antielisivas e suas principais justificativas do ponto de vista do direito internacional tributário. Analisa se uma norma geral antielisiva poderia ser classificada como um princípio geral de direito internacional considerando também os desenvolvimentos recentes de organizações internacionais, incluindo alguns tribunais nacionais e internacionais, bem como o trabalho da Organização para a Cooperação e Desenvolvimento Econômico (OCDE)/Erosão de Base e Transferência de Lucros (BEPS). Debate também qual tipo de norma geral ou normas especificas seriam mais apropriadas como instrumento para controlar a elisão fiscal e suas consequências.
Comparative Governance Working Paper No. 3, 2018
This contribution discusses the possibility of tax cooperation from a European perspective. Research on tax cooperation focuses on the resistance of powerful states or the failed efforts of the OECD and emphasizes the unlikelihood of cooperation in tax matters. Important developments from the EU tend to be overlooked. This paper closes this gap by providing a detailed account of EU corporate tax policy and reconstructing the evolution of this policy field over a period of 15 years. The study is based on a chronological review of EU corporate tax provisions since 2003 and a quantitative content analysis of 936 documents from the Commission and the Council. It shows that EU corporate tax policy has undergone a significant change, which is characterized by an intensification of the regulatory efforts against corporate tax avoidance and the identification of new problems and solutions along the ideas of fairness and transparency. Contrary to conventional scholarship, those findings suggest that tax cooperation is becoming feasible within the EU, at least in the field of corporate taxation.
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