The European Anti-Avoidance Package (original) (raw)
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The EU Directive against Tax Avoidance (ATAD-1)
Contemporary issues in Tax Research, 2017
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.
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.
a. Parent-Subsidiary Directive ___________________________________________________ 6 b. Interest and royalties directive ________________________________________________ 7 c. Directive on Administrative Cooperation (DAC) ___________________________________ 9 d. Public Country-by-Country Reporting (CBCR) ____________________________________ 10 3. Some of the problems observed in EU Member States _________________________11 4. Proposals _____________________________________________________________13 a. Some positive results of the PANA Committee___________________________________ 14 b. Policy recommendations moving forward ______________________________________ 15 1 Tax justice advisor for GUE/NGL in the European Parliament.
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.
International Tax Avoidance - The Tension between Protecting the Tax Base and Certainty of Law
In the context of cross border investment, the growing problem of tax avoidance and the use of double tax treaties deserves much greater examination. The problem is growing because business is increasingly international, while the need for tax revenue remains, after the recent financial crisis, essential to governments trying to deal with fragile economies and fiscal deficits. This paper evaluates the approach taken by selected countries to cross-border tax avoidance in an attempt to indentify the key principles behind a country's attempts to deal with international tax avoidance.
Combating Tax Avoidance: EU and GreeK Measures for Fair Corporate Taxation
Tax avoidance refers to the practice of aggressive tax planning aimed at artificially reducing tax liabilities by exploiting weaknesses in national and international tax systems. Unlike tax evasion, which is a direct violation of tax laws, tax avoidance involves the strategic use of legal loopholes to minimize tax burdens, ultimately depriving the state of resources and benefiting the taxpayer. While the European Union allows tax competition among its member states, recent initiatives have been introduced to combat the negative social impacts of tax avoidance. These include measures for information exchange among EU countries and rapid responses to VAT fraud, as well as the adoption of a code of conduct to promote fair corporate taxation. In Greece, a general anti-avoidance rule has been introduced through Article 38 of the Tax Procedure Code, targeting artificial arrangements that undermine domestic tax law. The regulation defines criteria for identifying tax avoidance and outlines the consequences of such practices, including the reassessment of taxes owed. The Greek legal framework and EU law address the issue of tax avoidance, balancing the protection of fundamental economic freedoms with the need to ensure fair taxation and prevent the erosion of tax bases across member states.
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.