Activities of Marco VALLI related to 2015/0068(CNS)
Plenary speeches (1)
Mandatory automatic exchange of information in the field of taxation (A8-0306/2015 - Markus Ferber) IT
Amendments (8)
Amendment 30 #
Proposal for a directive
Recital 1
Recital 1
(1) The challenge posed by cross-border tax avoidance, aggressive tax planning and harmful tax competition has increased considerably and has become a major focus of concern within the Union and at global level. Tax base erosion is considerably reducing national tax revenues, which hinders Member States in applying growth- friendly tax policies and causes distortions of competition to the detriment of undertakings – particularly SMEs – which pay the correct amounts of tax, and serious imbalances on the internal market. In particular, rulings concerning tax-driven structures lead to a low level of taxation of artificially high amounts of income in the country giving the advance ruling and may leave artificially low amounts of income to be taxed in any other countries involved. An increase in transparency is therefore urgently required. The tools and mechanisms established by Council Directive 2011/16/EU13 need to be enhanced in order to achieve this. __________________ 13 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64 of 11.3.2011, p. 1).
Amendment 41 #
Proposal for a directive
Recital 5
Recital 5
(5) The possibility that the provision of information may be refused where it would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy shouldmust not apply to provisions of mandatory automatic exchange of information on advance cross- border rulings and advance pricing arrangements in order not to reduce the effectiveness of these exchanges. The limited nature of the information that is required to be shared with all Member States should ensures sufficient protection of those commercial interests.
Amendment 46 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to reap the benefits of the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements, the information should be communicated promptly, immediately after they are issued and . A lack of transparency withe reforegard to the rulings issued regsularts intervals for disalignments between two or more tax systems which affect other communication of the informuntries that have links with the taxpayers to whom they are addressed. Taxpayers are effectively permitted to take advantage of situations should be establisheduch as double deductions and double non-taxation, which bring about huge reductions in, or even avoidance of, the tax due; such practices should be declared illegal.
Amendment 66 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to enhance the efficient use of resources, facilitate the exchange of information and avoid the need for Member States each to make similar developments to their systems to store information, specific provision should be made for the establishment of a central directory accessible to all Member States and the Commission where Member States would upload and store information instead of exchanging it by email. Furthermore, this directory should be public and possible for the public to access free of charge, on-line or on request, with a view to transparency and maintenance of competition, while preserving the right balance between the public interest and the interests of companies. The practical arrangements necessary for the establishment of such a directory should be adopted by the Commission in accordance with the procedure referred to in Article 26(2) of Directive 2011/16/EU.
Amendment 70 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) It is desirable that the Member States should ask their competent authorities to allocate human resources from the existing staff establishment to gather and analyse this information.
Amendment 76 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) It is desirable, precisely for the purpose of attaining the aims of this directive, that the Commission should analyse the role of banks in connection with advance rulings or advance pricing agreements. Thus it could make an ad hoc proposal for monitoring and transparency of banking transactions and possible penalties, such as withdrawal of a licence in the event of recurrent non-compliance and fraud.
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2
Article 8a – paragraph 2
2. The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States as well as to the European Commission on advance cross-border rulings and advance pricing arrangements issued within a period beginning twenty- five years before the entry into force but still valid on the date of entry into force of this Directive;
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point b
Article 8a – paragraph 5 – point b
b) the content of the advance cross-border ruling or advance pricing arrangement, including the legal basis for the decision, as well as a description of the relevant business activities or transactions or series of transactions;