37 Amendments of Marco ZANNI related to 2015/2010(INL)
Amendment 10 #
Motion for a resolution
Recital B
Recital B
B. whereas the revelations showed that tax advisors and banks have helped multinational companies to obtain at least 548 tax rulings in Luxembourg between 2002 and 2010; whereas those secret deals feature complex financial structures designed to create substantial tax reductions; whereas the tax rulings provide written assurance that multinational companies’ tax-saving plans would be viewed favourably by Luxembourg authorities;
Amendment 14 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Luxembourg authorities have never contested or challenged this type of tax agreement; whereas for many years Jean-Claude Juncker, the current President of the Commission, was in charge of the Grand Duchy;
Amendment 16 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, at the hearing before the TAXE Committee on 17 September, the President of the European Commission Jean-Claude Juncker denied any personal involvement in the LuxLeaks case, questioning also the real extent thereof and preferring to speak of EuLeaks;
Amendment 21 #
Motion for a resolution
Recital E
Recital E
E. whereas the investigations carried out under the TAXE Committee, despite the lack of collaboration by the Member States and Commission, revealed that the practice of tax rulings does not exclusively take place in Luxembourg but is common across the Union; whereas the practice of tax rulings can be used legitimately to provide legal certainty for business, but is nevertheless open to potential abuse; whereas regard is had to the report from the Organisation for Economic Cooperation and Development (OECD) published on 12 February 2013 entitled ‘Addressing Base Erosion and Profit Shifting’ proposed new international standards to combat base erosion and profit shifting (BEPS); whereas regard is also had to the Communiqué issued following the Meeting of Finance Ministers and Central Bank Governors of the G20 which took place on [to be inserted];
Amendment 36 #
Motion for a resolution
Recital G
Recital G
G. whereas aggressive tax planning consists in taking advantage of the technicalities of a tax system, or of mismatches between two or more tax systems or legal loopholes, for the purpose of reducing tax liability; whereas aggressive tax planning schemes often result in the use of a combination of international tax mismatches, very favourable specific national tax rules and the use of tax havens; whereas, unlike aggressive tax planning, tax fraud and tax evasion constitute above all an illegal activity of evading tax liabilities;
Amendment 55 #
Motion for a resolution
Recital N
Recital N
N. whereas the Union has been a pioneershould play a fundamental role in the global fight against aggressive tax planning, notably in promoting progress at OECD level on the BEPS project ; whereas the Union should continue to play a pioneering role as the BEPS project develops;
Amendment 61 #
Motion for a resolution
Recital O
Recital O
O. whereas the power to legislate on corporate taxation is currently vested in the Member States, while European coordination will be necessary to create a level playing field and avoid fiscal dumping measures that favour large multinationals to the detriment of European small and medium-sized enterprises;
Amendment 70 #
Motion for a resolution
Recital P
Recital P
P. whereas the lack of coordinated tax policies in the Union leads to significant cost and administrative burden for citizens and businesses operating cross-border within the Union, and results in unintended non-taxation or facilitates aggressive tax planning;
Amendment 104 #
Motion for a resolution
Recital T – point iv
Recital T – point iv
iv) whereas there is evidence that Member States do not communicate sufficiently between themselvesand transparently between themselves and with the public about the possible impact that their tax arrangements with certain companies might have on tax collection in other Member States; whereas national tax authorities should automatically exchange all tax rulings without delay after they have been issued; whereas tax rulings signed up to by tax authorities should be subject to greaterfull and total transparency, providing that confidential information and business sensitive information is preservedmaking them accessible free of charge to the public online or on request;
Amendment 132 #
Motion for a resolution
Recital U – point i
Recital U – point i
i) whereas a mandatory Union-wide Common Consolidated Corporate Tax Base (CCCTB) would be a major step towards solving those problems associated with aggressive tax planning within the Union; whereas the ultimate goal should remain a full, mandatory CCCTB with possible exemptions for small- and medium-sized enterprises and companies with no cross-border activity; whereas until a full CCCTB is in place, the Commission is considering temporary measures to counteract profit shifting opportunities; whereas it is necessary to ensure that those measures, including the offsetting of cross-border losses, do not increase the risk of BEPSmust therefore remain a full, mandatory CCCTB;
Amendment 146 #
Motion for a resolution
Recital U – point ii
Recital U – point ii
(ii) whereas despite the work of the Code of Conduct Group on harmful corporate taxation, has hitherto been virtually useless, as aggressive tax planning measures continue to exist throughout the Union; whereas therefore the functioning of the Group needs to be improvtotally changed and made more effective and transparent;
Amendment 159 #
Motion for a resolution
Recital U – point vi
Recital U – point vi
(vi) whereas for automatic exchange of information in general and on tax rulings in particular to be effective, a common European Tax Identification Number regime isand a common European business register are required;
Amendment 187 #
Motion for a resolution
Recital V – point iii a (new)
Recital V – point iii a (new)
(iiia) whereas banks and advisors have played a role in facilitating operations with ‘tax havens’ and stringent rules therefore need to be introduced, providing for harsh penalties and, in the most serious cases, withdrawal of licences;
Amendment 208 #
Motion for a resolution
Recital X
Recital X
X. whereas the Commission should therefore also consider how it will address those wider issues, including difficulties in the collection of VAT (which in some Member States constitutes a major source of national income), VAT-avoidance practices and the negative consequences of some tax amnesties or non-transparent 'tax forgiveness' schemes; whereas any such new measures should involve consideration of the balance of costs and benefits.
Amendment 226 #
Motion for a resolution
Annex – title 1 – subtitle 1 – introductory part
Annex – title 1 – subtitle 1 – introductory part
The European Parliament calls once again on the European Commission to bring forward a legislative proposal by June 2016 to introduce public, transparent and easily accessible country-by-country reporting (CBC-R) for multinational companies in all sectors.
Amendment 239 #
Motion for a resolution
Annex – title 1 – subtitle 2 – introductory part
Annex – title 1 – subtitle 2 – introductory part
The European Parliament calls on the European Commission to bring forward a proposal as soon as possible on a voluntary European ‘Fair Tax Payer’ label, as a ‘soft measure’ promoting a standard for companies wishing to indicate they are fully tax compliant.
Amendment 245 #
Motion for a resolution
Annex – title 1 – subtitle 3 – introductory part
Annex – title 1 – subtitle 3 – introductory part
The European Parliament calls on the European Commission to bring forward a proposal as soon as possible on a new mechanism whereby Member States are compelled to inform other Member States (initially via the Code of Conduct Group)without delay if they intend to introduce a new allowance, relief, exception, incentive or similar measure that could have a material impact on the effective tax rate in the Member State or on the tax base of another Member State.
Amendment 249 #
Motion for a resolution
Annex – title 1 – subtitle 3 – indent 1
Annex – title 1 – subtitle 3 – indent 1
These notifications by Member States shall contain spillover analyses of the material impact of the new tax measures on other Member States and developing countries, to support the action of the Code of Conduct Group in identifying harmful tax practices.
Amendment 254 #
Motion for a resolution
Annex – title 1 – subtitle 3 – indent 2
Annex – title 1 – subtitle 3 – indent 2
These new tax measures should also be assessed by the European Commission, included in the European Semester process, and recommendations should be made for follow-up.
Amendment 264 #
Motion for a resolution
Annex – title 1 – subtitle 4 – title
Annex – title 1 – subtitle 4 – title
Recommendation A4. Automatic exchange of information on tax rulings to be extended to all tax rulings and to a certain extent made public
Amendment 267 #
Motion for a resolution
Annex – title 1 – subtitle 4 – indent 1
Annex – title 1 – subtitle 4 – indent 1
Extending the scope of the automatic exchange of information beyond cross- border tax rulings to include all tax rulings in the corporate tax area.
Amendment 268 #
Motion for a resolution
Annex – title 1 – subtitle 4 – indent 2 – introductory part
Annex – title 1 – subtitle 4 – indent 2 – introductory part
Significantly increasing the transparency of tax rulings at the EU level, with due consideration given to business confidentiality and trade secrets and taking into account the current best practices applicable in some Member States via one of the following methodmaking the information public and easily accessible and comprehensible to citizens:
Amendment 278 #
Motion for a resolution
Annex – title 1 – subtitle 4 – indent 2 - point 2
Annex – title 1 – subtitle 4 – indent 2 - point 2
requiring Member States or the Commission to publish a summary of the main important (anonymised) tax rulings that have been agreed in the previous year.
Amendment 293 #
Motion for a resolution
Annex – title 1 – subtitle 6 – indent 3
Annex – title 1 – subtitle 6 – indent 3
Use the agreed methodology and necessary data in order to produce and publish, biannualregularly, an estimate of the direct and indirect corporate tax gaps and the way such gaps affect the competitiveness of the companies themselves, in all Member States and across the Union.
Amendment 301 #
Motion for a resolution
Annex – title 1 – subtitle 7 – indent 1
Annex – title 1 – subtitle 7 – indent 1
Protect whistleblowers who act in the public interest only (and not also for money or any other personal agenda) in order to expose misconduct, wrongdoing, fraud or illegal activity in relation to corporate taxation in any Member State in the European Union. Such whistleblowers should be protected if they report suspected misconduct, wrongdoing, fraud or illegal activity to their relevant competent authority, and should also be protected if, in cases of persistently unaddressed illegal activity in relation to corporate taxation that could affect the public interest, they report their concerns to the public as a whole;
Amendment 327 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 1
Annex – title 2 – subtitle 1 – paragraph 1
As a first step, by June 2016, a mandatory Common Consolidated Corporate Tax Base (CCCTB) in the Union, with an exemption for small- and medium-sized enterprises and companies with no cross- border activity, in order to have only one set of rules for companies operating in several Member States to calculate their taxable profits.
Amendment 335 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 2
Annex – title 2 – subtitle 1 – paragraph 2
Amendment 341 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 3
Annex – title 2 – subtitle 1 – paragraph 3
Amendment 369 #
Motion for a resolution
Annex – title 2 – subtitle 6 – title
Annex – title 2 – subtitle 6 – title
Recommendation B6. The introduction of a common European Tax Identification Number and a common European business register
Amendment 370 #
Motion for a resolution
Annex – title 3 – subtitle 1
Annex – title 3 – subtitle 1
Amendment 381 #
Motion for a resolution
Annex – title 3 – subtitle 2 – title
Annex – title 3 – subtitle 2 – title
Recommendation C2. Create a common and cogent definition of ‘tax havens’
Amendment 383 #
Motion for a resolution
Annex – title 3 – subtitle 2 – introductory part
Annex – title 3 – subtitle 2 – introductory part
The European Parliament calls on the European Commission to bring forward a proposal to establish, in cooperation with the OECD and the UN among others, cogent criteria to define ‘tax havens’.
Amendment 390 #
Motion for a resolution
Annex – title 3 – subtitle 3 – indent 1 – point 2 a (new)
Annex – title 3 – subtitle 3 – indent 1 – point 2 a (new)
Harsh penalties and, in the most serious cases, withdrawal of licences for those banks which play an active role, including through their branches, in operations with tax havens.
Amendment 421 #
Motion for a resolution
Annex – title 4 – subtitle 1 – indent 1 a (new)
Annex – title 4 – subtitle 1 – indent 1 a (new)
Direct collection of VAT through public payment systems to be used at the moment of the transaction;
Amendment 422 #
Motion for a resolution
Annex – title 4 – subtitle 1 – indent 1 b (new)
Annex – title 4 – subtitle 1 – indent 1 b (new)
Alternative sources of corporate taxation, moving from taxation on gross profits to taxation on real revenues and on the cost of labour paid in a given country; that would act as a strong deterrent against aggressive and/or fraudulent fiscal practices, as it would be more difficult to move real revenues and the costs borne in another location;
Amendment 423 #
Motion for a resolution
Annex – title 4 – subtitle 1 – indent 3
Annex – title 4 – subtitle 1 – indent 3
Amendment 427 #
Motion for a resolution
Annex – title 4 – subtitle 1 – indent 4
Annex – title 4 – subtitle 1 – indent 4
Proposing a minimumhigh level of transparency foras regards ‘tax forgiveness’ schemes run by national governments;