2018-05-01

Project (BEPS) and the European Commission CRD IV Directive seek to tackle facilitating tax abuse, which the EU Directive on country-by-country reporting is

2 These measures are to be phased in over the period from 2019 to 2022, and the EU and OECD are now both discussing further On 28 January 2016, the European Commission presented its Anti Tax Avoidance Package, one of the core pillars of which is a Draft EU Anti Tax Avoidance Directive or "Anti-BEPS" Directive. The Draft Directive proposes anti-tax avoidance rules in six specific areas, which are intended to be implemented by each EU Member State. This article provides an overview of the proposed provisions and EU Council adopts directive on automatic exchange of tax rulings, reaches conclusions on BEPS December 8, 2015 Council of the European Union , Europe , European Commission , European Council , Featured News , Liechtenstein , San Marino , Switzerland , Transfer Pricing The European Parliament's legislative train schedule monitors the progress of legislative files identified in the 10 priorities of the European Commission 2019-02-12 2016-04-28 2017-01-05 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. Ireland’s Minister for Finance commented that the interest limitation rules in the ATA Directive “are deferred until 2024 for countries, like Ireland, that already have strong targeted rules.” 4 Ireland has sought to defer introduction of the ATA Directive interest limitation rule, which is aligned with the best practice recommendations in Action 4 of the OECD BEPS project. 2015-12-17 (now part of an EU Directive), may thus be particularly important for Real Estate funds, with extra, perhaps unforecasted, tax costs eating into net returns to investors. Furthermore, to the extent a fund vehicle provides internal debt, the BEPS measures concerning “ hybrid mismatches CCCTB proposal of certain provisions on the international anti-BEPS aspects with the aim to achieve a swift, consistent and coordinated implementation of OECD-BEPS recommendations in the EU. At the WPTQ meeting of 9 July 2015, most delegations supported the prospect for such a split and suggested that the "anti-BEPS directive" that 2021-01-01 EU Member States Responses on BEPS Initiatives.

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 EU member states unanimously agreed to adopt this directive, and it will be gradually implemented in 2019 through 2022. The Purpose Test Rule in OECD BEPS Action 6 (Tax Treaty Abuse) versus the EU Principle of Legal Certainty and the EU Abuse of Law Case Law Dennis Weber* Abstract The OECD BEPS Action 6 report contains a principal pur-pose test rule (PPT rule) for the purpose of combating abuse of tax treaties.

A substantive economic connection between entities claiming benefits has become increasingly important as a threshold to secure tax treaty and European Union (EU) directive benefits.

The Directive broadly reflects the objectives of Action 12 (Mandatory Disclosure Rules) of the Organisation for Economic Co-operation and Development's (OECD) Base Erosion and Profit Shifting (BEPS) project. The Directive introduces mandatory disclosure rules across the EU, but it goes beyond the OECD recommendations by introducing automatic OECD anti-BEPS recommendations not covered in the EU anti-BEPS directive will be left to the member states to implement. On December 11 2015, the draft text of the EU Anti-BEPS Directive discussed at the December ECOFIN meeting was made available to the public.

om ändring av direktiv 2013/34/EU vad gäller offentliggörande av Särskilt genom åtgärd 13 i BEPS införs en landsspecifik rapportering för

The Law transposes EU Council Directive 2016/881 of 25 The EU Directive around the Automatic Exchange of Information regarding Tax Rulings issued on October 6th, 2015 is an example of an EU implementation of BEPS. Currently EU member states share little information with each other on tax rulings and advance pricing agreements, however, in the wake of BEPS (and LuxLeaks) this has been changing.

Following the OECDs final proposals on permanent establishments (PE), there is a growing need for multinational groups to assess where their PE risks might Mar 28, 2019 European countries face many issues that the BEPS project was intended to The project was named Anti Tax Avoidance Directive (ATAD).
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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 For a broader analysis on the BEPS interest limitation rule and its compatibility with EU law, see: Ana Paula Dourado, The EU Anti Tax Aeoidance Package: Jul 10, 2018 The latest amendment to the EU directive on administrative co-operation (“DAC”), adopted on 25 May 2018, requires Member States to 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 Furthermore, to the extent a fund vehicle provides internal debt, the BEPS measures concerning. “hybrid mismatches” (again now mandated by an EU Directive), Jul 21, 2020 The directive also harmonizes specific anti-avoidance mechanisms in order Keywords: EU tax Law; abuse of rights; BEPS; tax harmonization. May 2, 2019 Since the beginning of the OECD BEPS project, there has been both as regards to the impact of the EU anti-tax avoidance directives ("ATAD I Aug 21, 2017 With BEPS measures being implemented in the BEPS directives into more than 2,000 tax further strengthened by Council Directive (EU). is (or should be) sensitive to BEPS, it adds another layer of rules and regulations that need to DebevoiseWhat You Need to Know About Structuring Your Fund in the BEPS Era DebevoiseAnalysis - BEPS Action 6 and Private Equity Jun 1, 2016 Read "The EU Anti Tax Avoidance Package: Moving Ahead of BEPS?, Intertax" on DeepDyve, the largest online rental service for scholarly Sep 30, 2016 OECD BEPS Action Plan: moving from talk to action in the European EU ATA Directive and EU Code of Conduct — inbound profit transfers. Jun 28, 2017 Next to the OECD, also the European Commission would like a statement in the overall discussion on tax avoidance and aggressive tax planning.

In addition, the EU provisions will also ensure that the reported information on cross-border arrangements is automatically exchanged between Member States. The focus of this thesis is the EU Directive on mandatory disclosure rules on intermediaries that make available potentially aggressive cross-border tax arrangements.
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The EU has also adopted legally binding anti-tax avoidance measures targeting hybrid mismatches (BEPS Action 2), interest deductions (BEPS Action 4), and controlled foreign companies (BEPS Action 3) and has added EU-specific rules on exit taxation and general anti-abuse. 2 These measures are to be phased in over the period from 2019 to 2022, and the EU and OECD are now both discussing further

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 The first BEPS related action at EU level was to include a general anti-avoidance rule and a provision against hybrid mismatches in the EU Parent Subsidiary Directive. The proposed new Directive may be a first step towards a Common Consolidated Corporate Tax Base (CCCTB).

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A substantive economic connection between entities claiming benefits has become increasingly important as a threshold to secure tax treaty and European Union (EU) directive benefits. EU: Holding companies and access to EU directives and tax treaty benefits post-BEPS in light of recent court decisions | EY - Global

The European Union (EU) introduced the Anti-Tax Avoidance Directive (EU) 2016/1164 on 12 July 2016. The Anti-Tax Avoidance The EU Council has agreed the terms of the Anti Tax Avoidance Directive, designed in part to ensure consistent implementation of BEPS measures across the Oct 9, 2019 The European Commission's anti-tax avoidance directive (ATAD), the OECD proposals, that would together lead to an "anti-BEPS Directive. It is linked with the OECD/G20 BEPS (base erosion and profit shifting) action plan . The proposal covers six legally binding anti-abuse measures, which all 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 Jan 3, 2020 The Luxembourg law implementing the hybrid mismatch measures in ATAD 2 ( 2017/952 EU Anti-Tax Avoidance Directive) into domestic law The latest information on the OECD's Base Erosion and Profit Shifting (BEPS) actions and recommendations and the EU's Anti-Tax Avoidance Directive (ATAD) . 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 For a broader analysis on the BEPS interest limitation rule and its compatibility with EU law, see: Ana Paula Dourado, The EU Anti Tax Aeoidance Package: Jul 10, 2018 The latest amendment to the EU directive on administrative co-operation (“DAC”), adopted on 25 May 2018, requires Member States to 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 Furthermore, to the extent a fund vehicle provides internal debt, the BEPS measures concerning.