11 Amendments of Marco ZANNI related to 2016/0011(CNS)
Amendment 106 #
Proposal for a directive
Recital 15
Recital 15
(15) The Commission should evaluate the implementation of this Directive three years after its entry into force and report to the European Parliament and the Council thereon. Member States should communicate to the Commission all information necessary for this evaluation,
Amendment 122 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Exceeding borrowing costs shall be deductible in the tax year in which they are incurred only up to 310 percent of the taxpayer's earnings before interest, tax, depreciation and amortisation (EBITDA) or up to an amount of EUR 1 000 000, whichever is higher. The EBITDA shall be calculated by adding back to taxable income the tax-adjusted amounts for net interest expenses and other costs equivalent to interest as well as the tax-adjusted amounts for depreciation and amortisation.
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Borrowing costs which cannot be deducted in the current tax year under paragraph 2 shall be deductible up to the 310 percent of the EBITDA in subsequent tax years in the same way as the borrowing costs for those years.
Amendment 143 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 173 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Ban on setting up ad hoc companies Companies established in Member States shall be prohibited from setting up‘letterbox’ and/or front companies to which they transfer income or assets with a view to ensuring favourable tax treatment, as that favourable treatment would constitute tax abuse, which is banned under Article 7 of this Directive.
Amendment 175 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 176 #
Proposal for a directive
Article 5 c (new)
Article 5 c (new)
Article 5c Common Consolidated Corporate Tax Base (CCCTB) The Commission shall take steps as quickly as possible to establish a Common Consolidated Corporate Tax Base (CCCTB) at European Union level, through: - the application throughout the European Union of the same rules for calculating taxable profits subject to corporation tax; - the consolidation of the profits of the members of the group.
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall not exempt a taxpayer from tax on foreign income which the taxpayer received as a profit distribution from an entity in a third country or in another Member State as proceeds from the disposal of shares held in an entity in a third country or in another Member State or as income from a permanent establishment situated in a third country or in another Member State where the entity or the permanent establishment is subject, in the entity’s country of residence or the country in which the permanent establishment is situated, to a tax on profits at a statutoryn effective corporate tax rate lower than 40 percent of the statutory taxof 25%. That rate tshat would have been charged under the applicable corporate tax system in the Member State of the taxpayer. In those circumstances, the taxpayer shall be subject to tax on the foreign income with a deduction of the tax paid in the third country from its tax liability in its state of residence for tax purposes. The deduction shall not exceed the amount of tax, as computed before the deduction, which is attributable to the income that may be taxedll be calculated on the basis of the profits before the implementation of operations introduced by the countries in question to reduce the tax base subject to the rate.
Amendment 206 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) under the general regime in the country of the entity, profits are subject to an effective corporate tax rate lower than 40 percent of the effective tax rate that would have been charged under the applicable corporate tax system in the Member State of the taxpayer;of 25%. That rate shall be calculated on the basis of the profits before the implementation of operations introduced by the countries in question to reduce the tax base subject to the rate.
Amendment 232 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall evaluate the implementation of this Directive three years after its entry into force and report to the European Parliament and the Council thereon.
Amendment 233 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. In order to guarantee full transparency and the correct implementation of this Directive, exchanges of information on tax matters shall be automatic, mandatory and public.