The Council of the European Union has acted on BEPS Action 2 after adopting a directive to clamp down on the use of hybrid mismatch arrangements and halt

26 Aug 2020 Anghileri, a Contributing Editor at MNE Tax, previously worked as a policy advisor to the Swiss government on BEPS issues. Davide can be

WHAT ABOUT CYPRUS RESPONSE? So far, Cyprus has taken limited actions to respond to the challenges on implementing the EU and OECD proposals/action in this area. EU Parent / Subsidiary Directive At EU level, the Anti-Tax Avoidance Package (ATAP) was presented in January 20169. It ensures a coordinated implementation of BEPS measures in the EU but does not cover 6 Code of Conduct on the implementation of the EU Arbitration Convention, COM 2009 472, Par- 7.2 b) 7 See OECD (2013), Action Plan on Base Erosion and Profit Shifting. OECD BEPS and EU Anti-Tax Avoidance Directive Implications for Captive Insurers Richard Cutcher of Captive Review reported in the latest edition that EY is building a working group to lobby the OECD and ensure those writing the upcoming transfer pricing paper are fully educated on what captive insurance companies are about. 5.

Eu beps directive

The Draft Directive proposes anti-tax avoidance rules in six Directive (EU) 2016/1164 — preventing tax avoidance by companies The directive lays down anti-tax-avoidance rules in 4 specific fields to combat BEPS:. Also, the EU Directive on the mandatory exchange of information of Here we talk about base erosion and profit shifting (BEPS) and its specifics, such as 26 Aug 2020 Anghileri, a Contributing Editor at MNE Tax, previously worked as a policy advisor to the Swiss government on BEPS issues. Davide can be of the OECD/G20 Project on Base Erosion and Profit Shifting as well as the EU Proposal for the Anti-Tax Avoidance Directive – An Interim Nordic Assessment Following the publication of the final reports of the BEPS project in October Non-public OECD Country-by-Country-reporting (EU directive on exchange of EU anti-BEPS: Council Directive on Rules Against Corporate Tax Avoidance ( ATAD). Published 02.11.2020. State of play: 19 July 2016 published in the Official this Directive represented a milestone in the efforts to tackle base erosion and profit shifting (BEPS) within the EU. • ATAD I introduced five sets of rules of 22 Jun 2018 Since the Directive will enter into force, I also proposed the creation of an European Supervisory Board for Taxation.

När EU i början av 2016 presenterade sitt Anti-Tax Avoidance. I så måtto har det OECD-ledda BEPS-projektet ( och i viss mån fortfarande) varit det mest

European Union European Commission Issues First Report on Implementation of ATAD The European Commission on 20 August 2020 issued its first report to the European Council and the European Parliament on the implementation of the EU Anti-Tax Avoidance Directive (ATAD 1 and 2). Based on the OECD’s BEPS recommendations, the EU Anti-Tax Avoidance Package (ATAP) aims to ensure that member states take a co-ordinated stance both in the implementation of the BEPS project and against tax avoidance.

Seminarium ”EU:s direktiv till skydd för visselblåsare” den 27 maj 2019. TAAR, SAAR och andra bokstavskombinationer för skatteflyktsregler – vaghet i kölvattnet av BEPS den 19 september 2016. Seminarium EC Directives, 22 maj 2006.

Having sound and sustainable substance a must both for BEPS and the GAAR of Parent Subsidiary directive. for OECD BEPS recommendations. The EU Anti-Tax Avoidance (ATA) Directive specifically includes measures addressing Actions 2 on hybrid mismatches, 3 on controlled foreign companies (CFC) and 4 on interest deductibility.

The only potential problem I see is that the OECD PPT rule is broader (no artificiality required) compared to the GAARs in Anti-Tax Avoidance Directive and the Parent–Subsidiary Directive. Keywords: GAAR, abuse, tax avoidance, BEPS, principal purpose test, legal certainty 1 Introduction 2018-06-22 · EU countries including the Netherlands need to have the legislation to implement the Directive by 31/12/2019 and the automatic exchange will take place by 1/07/2020. I argued that the Netherlands as other EU countries will have some challenges mainly due to the broader concepts of the mandatory disclosure (e.g. what to report, when to report, and also how to deal with professional privilege).
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The Commission is rapidly making good on President Juncker's promise of delivering a comprehensive agenda to tackle corporate tax avoidance, ensuring a fairer Single Market and promoting jobs, growth and investment in Europe.

On 20 June 2016 the Council adopted the Directive (EU) 2016/1164 laying down rules against tax avoidance practices that directly affect the functioning of the internal market.
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av O Palme — However, this fact is almost always overlooked in the current EU and by the OECD's recent base erosion and profit-shifting (BEPS) measures, the a Council Directive laying down rules relating to the corporate taxation of a

It has been widely adopted by countries (and by the EU). The article scrutinizes the recently adopted Directive 2016/1164/EU (also known as the Anti-Tax Avoidance Directive) in the light of Base Erosion and Profit Shifting (BEPS) Actions 2, 3 and 4. After a brief overview of the general policy objectives of the Directive, the analysis is focused on the measures of the Directive that refer explicitly to the content of these actions, namely the Hence in theory a Dutch Holding company may pass the test for one EU country while another EU country will not allow the benefits according to the same PS Directive.

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On 20 June 2016 the Council adopted the Directive (EU) 2016/1164 laying down rules against tax avoidance practices that directly affect the functioning of the internal market.

The EU's Anti Tax Avoidance Directive follows several of the BEPS Project recommendations, dealing with "hybrid" mismatches between individual country tax treatments of entities and financing instruments, controlled foreign companies, and base erosion through interest expenses. It also imposes a common general anti-avoidance rule (GAAR). On 20 June 2016 the Council adopted the Directive (EU) 2016/1164 laying down rules against tax avoidance practices that directly affect the functioning of the internal market. They are laid down in Council Directive 2017/1852 of 10 October 2017 and bring a significant improvement to resolving tax disputes, as they ensure that businesses and citizens can resolve disputes related to the interpretation and application of tax treaties more swiftly and effectively.

av O Palme — However, this fact is almost always overlooked in the current EU and by the OECD's recent base erosion and profit-shifting (BEPS) measures, the a Council Directive laying down rules relating to the corporate taxation of a

as BEPS). The BEPS action plan has 15 actions, covering eleme2015 - nts used in corporate tax avoidance practices and aggressive tax-planning schemes.

In the EU the European Commission will publish in early 2016 an EU anti-BEPS proposal which will implement important aspects of the OECD BEPS package.