Activities of Cora van NIEUWENHUIZEN related to 2016/0010(CNS)
Shadow reports (1)
REPORT on the proposal for a Council directive amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation PDF (621 KB) DOC (346 KB)
Amendments (9)
Amendment 7 #
Proposal for a directive
Recital 1
Recital 1
(1) In recent years, the challenge posed by tax fraud, tax avoidance and tax evasion has increased considerably and has become a major focus of concern within the Union and at global level. The automatic exchange of information constitutes an important tool in this regard and the Commission in its Communication of 6 December 2012 containing an Action plan to strengthen the fight against tax fraud and tax evasion highlighted the need to promote vigorously the automatic exchange of information as the future European and international standard for transparency and exchange of information in tax matters. The European Council in its conclusions of 22 May 2013 requested the extension of automatic information exchange at Union and global levels with a view to combatting tax fraud, tax evasion and aggressive tax planning.
Amendment 14 #
Proposal for a directive
Recital 2
Recital 2
(2) As Multi National Enterprise (MNE) Groups are active in different countries, they have the possibility of engaging in aggressive tax planning practices that are not available for domestic companies. When MNEs do so, purely domestic companies, normusually small and medium- sized enterprises (SMEs) may be particularly affected as their tax burden is higher than that of MNE Groups. That in turn causes distortion of competition to the detriment of SMEs. On the other hand, all Member States may suffer revenue losses and there is the risk of unfair competition to attract MNE Groups by offering them further tax benefits. There is therefore a problem for the properSuch a race to the bottom hampers the proper functioning of the Internal Market. According to Article 3 of the Treaty on the Functioning of the European Union (TFEU), it is the Commission's role to establish the competition rules necessary for the functioning of the Iinternal Mmarket.
Amendment 25 #
Proposal for a directive
Recital 4
Recital 4
(4) Increased transparency towards tax authorities could have the effect of giving MNE Groups an incentive to abandon certain practices and pay their fair share of tax in the country where profits are madevalue is added. Enhancing transparency for MNE Groups, without hampering Union competitiveness, is therefore an essential part of tackling base erosion and profit shifting.
Amendment 44 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to properly monitor the country-by-country reporting obligation and ensure that the internal market is not distorted, Member States should communicate the country-by-country report to the Commission on a confidential basis. The Commission should take all appropriate measures to protect that sensitive information.
Amendment 51 #
Proposal for a directive
Recital 11
Recital 11
(11) As regards exchange of information between Member States, Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC already provides for the mandatory automatic exchange of information in a number of fields. Its scope should be enlarged to provide for the mandatory automatic exchange of country- by-country reports between Member States, and with the Commission, on a confidential basis.
Amendment 58 #
Proposal for a directive
Recital 12
Recital 12
(12) The mandatory automatic exchange of country-by-country reports between Member States should in each case include the communication of a defined set of basic information thatwhich should be based on uniform definitions and which would be accessible to those Member States in which, on the basis of the information in the country-by- country report, one or more entities of the MNE Group are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment of an MNE Group.
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The Commission shall, on the basis of the information received, report on an annual basis to the European Parliament and to the Council on the outcome and output of the reporting procedure.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3 b (new)
Article 23 – paragraph 3 b (new)
3b. In the event that the Commission's impact assessment on the consequences of public disclosure of country-by-country information determines that there are no negative consequences for MNE Groups, the Commission shall promptly propose legislation to make the information publicly available.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2011/16/EU
Article 27 a (new)
Article 27 a (new)
(7a) The following Article is inserted: “Article 27a Review The Commission shall review the effectiveness of this Directive within three years after its entry into force.”