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EUROPEAN COMMISSION TIGHTENS KEY EU CORPORATE TAX RULES

Published by Gbaf News

Posted on January 1, 2014

3 min read

· Last updated: January 4, 2014

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European Commission Proposes Corporate Tax Amendments

The European Commission (EC) has proposed amendments to key EU corporate tax legislation to close corporate tax avoidance loopholes and introduce a common anti-abuse rule.

Charles Savva

Charles Savva

Closing Loopholes in Parent-Subsidiary Directive

The proposal will close loopholes in the Parent-Subsidiary Directive, originally conceived to prevent double taxation of same-group companies based in different countries, by updating the anti-abuse provision in the directive and ensuring that it is tightened up so that specific tax planning arrangements cannot benefit from tax exemptions.

Implementation Deadline for Member States

Member states are expected to implement the amended directive by 31 December 2014.

Commissioner Highlights Business Impact of Tax Policy

Algirdas Šemeta, the European Commissioner for Taxation and Customs Union, Audit and Anti-Fraud, said that EU tax policy is focused on creating a better business environment in the EU. He further stated, “This means breaking down tax barriers and tackling cross-border problems such as double taxation. But when our rules are abused to avoid paying any tax at all, then we need to adjust them. The proposal will ensure greater revenues for national budgets and fairer competition for our businesses.”

Making changes on the EU’s Parent Subsidiary Directive will ensure it works in the way intended, namely to prevent companies from incurring extra costs from operating in more than one EU Member State by paying double-taxation, and will help clarify the rules for companies as well as help governments collect the taxes.

The European Commission (EC) has proposed amendments to key EU corporate tax legislation to close corporate tax avoidance loopholes and introduce a common anti-abuse rule.

Charles Savva

Charles Savva

The proposal will close loopholes in the Parent-Subsidiary Directive, originally conceived to prevent double taxation of same-group companies based in different countries, by updating the anti-abuse provision in the directive and ensuring that it is tightened up so that specific tax planning arrangements cannot benefit from tax exemptions.

Member states are expected to implement the amended directive by 31 December 2014.

Algirdas Šemeta, the European Commissioner for Taxation and Customs Union, Audit and Anti-Fraud, said that EU tax policy is focused on creating a better business environment in the EU. He further stated, “This means breaking down tax barriers and tackling cross-border problems such as double taxation. But when our rules are abused to avoid paying any tax at all, then we need to adjust them. The proposal will ensure greater revenues for national budgets and fairer competition for our businesses.”

Making changes on the EU’s Parent Subsidiary Directive will ensure it works in the way intended, namely to prevent companies from incurring extra costs from operating in more than one EU Member State by paying double-taxation, and will help clarify the rules for companies as well as help governments collect the taxes.

Key Takeaways

  • The European Commission proposed tightening the Parent‑Subsidiary Directive to curb tax avoidance by adding a common anti‑abuse rule.
  • The amendments target loopholes such as hybrid loan mismatches and artificial arrangements lacking economic substance.
  • Member states were expected to implement the revised directive by late 2015 following Council adoption in January 2015.

References

Frequently Asked Questions

What is the Parent‑Subsidiary Directive?
It’s an EU law that exempts profit distributions between related companies in different member states from withholding tax and prevents double taxation.
What changes has the Commission proposed?
It proposed adding a general anti‑abuse rule and measures to prevent hybrid loan arrangements from enabling double non‑taxation.
When were member states required to implement the changes?
Following adoption by the Council in January 2015, member states had until 31 December 2015 to transpose the anti‑abuse provisions into national law.
Who announced the proposal?
Algirdas Šemeta, then European Commissioner for Taxation and Customs Union, highlighted the need to close tax planning loopholes.

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