BETA

Activities of Jürgen KLUTE related to 2013/0400(CNS)

Shadow reports (1)

REPORT on the proposal for a Council directive amending Directive 2011/96/EU on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States PDF (211 KB) DOC (329 KB)
2016/11/22
Committee: ECON
Dossiers: 2013/0400(CNS)
Documents: PDF(211 KB) DOC(329 KB)

Amendments (10)

Amendment 12 #
Draft legislative resolution
Paragraph 2 a (new)
2a. Considers the principle of physical presence, the separate entity approach and the Arm's Length Principle not to be appropriate for a fair and just taxation of enterprises with economic activities in more than one country, therefore calls on the Council to prepare the introduction of a unitary taxation with formula based apportionment of taxes in order to prevent tax evasion in the Union by taking advantage of mismatching tax regimes of the Member States;
2014/02/28
Committee: ECON
Amendment 13 #
Draft legislative resolution
Paragraph 2 b (new)
2b. Is concerned about the aggressive tax planning of transnational corporations including companies with headquarters in Member States; many of these companies are evading a fair taxation not only in Member States but also in countries with weaker economies which, due to these tax losses, cannot afford to fight poverty or to pay for public services; therefore asks the Commission and the Member States to contribute to the effort done by the OECD on international taxation and the prevention of tax evasion; especially asks the Commission and the Member States to contribute to a swift introduction of a global system of unitary taxation and other suitable measures to prevent tax evasion inside the Union and globally;
2014/02/28
Committee: ECON
Amendment 14 #
Draft legislative resolution
Paragraph 2 c (new)
2c. Asks the Commission to provide a report on how a unitary taxation of corporations providing business in more than one Member State can be introduced in the Union;
2014/02/28
Committee: ECON
Amendment 15 #
Draft legislative resolution
Paragraph 2 d (new)
2d. Is aware of the fact that a huge part of tax evasion in the Union is a result of skilfully exploiting the mismatches of taxation in different Member States and their respective Double Tax Treaties for example regarding the treatment of permanent establishments; therefore asks the Member States to find a common approach to taxation of companies providing business in more than one Member State; in particular asks the Member States to coordinate their respective double tax treaties in order to tackle tax evasion and avoidance;
2014/02/28
Committee: ECON
Amendment 16 #
Draft legislative resolution
Paragraph 2 e (new)
2e. Asks the Member States to consider the taxation of companies with economic activities in more than one Member State on Union level; the revenues of such taxation could partly contribute to the strengthening of Union own funds, however a higher proportion should be apportioned between the Member States;
2014/02/28
Committee: ECON
Amendment 20 #
Proposal for a directive
Article 1 – point 2
Directive 2011/96/EU
Article 1 a – paragraph 2 – subparagraph 2
In determining whether an arrangement or series of arrangements is artificial, Member States shall ascertain, in particular but not exclusively, whether they involve one or more of the following situations:
2014/02/28
Committee: ECON
Amendment 21 #
Proposal for a directive
Article 1 – point 2
Directive 2011/96/EU
Article 1 a – paragraph 2 – point e a (new)
(ea) the ratio between economic characteristics like payroll, number of employees, sales promotion on the one hand and turnover or profit on the other in one Member State is disproportionate to the respective ratio in one or several other Member States of enterprises which are part of a corporation with economic activity in more than one Member State.
2014/02/28
Committee: ECON
Amendment 23 #
Proposal for a directive
Article 1 – point 3
Directive 2011/96/EU
Article 4 – paragraph 1 – point a
(a) refrain from taxing such profits to the extent that such profits are not deductible by the subsidiary of the parent company; ordeleted
2014/02/28
Committee: ECON
Amendment 25 #
Proposal for a directive
Article 1 – point 3 a (new)
Directive 2011/96/EU
Article 4 – paragraph 1 – point b
(b) tax such profit3a. In Article 4(1), point (b) is replaced by the following: "(b) tax such profits at a statutory corporate tax rate not lower than 90 % of the average statutory corporate tax rate applicable in the Member States while authorising the parent company and the permanent establishment to deduct from the amount of tax due that fraction of the corporation tax related to those profits and paid by the subsidiary and any lower-tier subsidiary, subject to the condition that at each tier a company and its lower-tier subsidiary fall within the definitions laid down in Article 2 and meet the requirements provided for in Article 3, up to the limit of the amount of the corresponding tax due."
2014/02/28
Committee: ECON
Amendment 28 #
Proposal for a directive
Article 1 – point 3 b (new)
Directive 2011/96/EU
Article 5
Profits which a subsidiary distributes to its parent company shall be exempt from withholding tax.3b. Article 5 shall be deleted Article 5
2014/02/28
Committee: ECON