43 Amendments of Barbara KAPPEL related to 2018/2121(INI)
Amendment 31 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that current international and national tax rules were mostly conceived in the early 20th century; asserts that there is an urgent need for reform of thse rules, so that international, EU and national tax systems are fit for the newhould be updated in light of the current economic, social and technologic challenges of the 21st centuryal context; notes the broad understanding that current tax systems are not equipped to keep up withadapted to these developments and ensure that all market participants pay fair taxetax burdens are distributed fairly among economic agents;
Amendment 54 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that during its current term the Commission has put forward 22 legislative proposals aimed at closing some of the loopholes, improving the fight against financial crimes and aggressive tax planning, and enhancing tax collection efficiency and tax fairness; calls for the swift adoption of initiatives that have not yet been finalised and for careful monitoring of the implementation to ensure efficiency and proper enforcement, in ord; calls on the Commission to adhere to keep pace withthe principle of subsidiarity and not to infringe on the soversatility of tax fraud, tax evasion and aggressive tax planningeignty and exclusive competences of member states in the field of taxation;
Amendment 120 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 127 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s assessment and inclusion of ATP indicators in its 2018 European Semester country reports; calls for such assessment to become a regular feature in order to ensure a level playing field in the EU internal market, as well as the greater stability of public revenue in the long run;
Amendment 147 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses that the initiatives of the Commission and the member states should be aimed at making tax collection more efficient and cost-effective, and not to maximize revenue from the taxpayers to the state;
Amendment 165 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 203 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that some countries have recently adopted unilateral countermeasures against harmful tax practices (such as the UK’s Diverted Profits Tax and the Global Intangible Low- Taxed Income (GILTI) provisions of the US tax reform) to ensure that the foreign income of MNEs is duly taxed at a minimum effective tax rate in the parent’s country of residence; calls for an EU assessment of these measurencourages other member states to explore similar possibilities;
Amendment 211 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that they prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a);
Amendment 226 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for aWarns that clearly definition ofng a permanent establishment so that companies cannot artificially avoid having a taxablmight infringe on the pfresence in a Member State in which they have economic activityedom of establishment;
Amendment 232 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls its concerns relating to the use of transfer prices in ATP and consequently recalls the need for adequate action and improvement of the transfer pricing framework to address the issue; stresses the need to ensure that they reflect the economic reality, provide certainty, clarity and fairness for Member States and for companies operating within the Union, and reduce the risk of misuse of the rules for profit-shifting purposes, taking into account the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administration 2010;
Amendment 257 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. WelcomesTakes note of the fact that DAC6 sets out the hallmarks of reportable cross- border arrangements that intermediaries must report to tax authorities to allow them to be assessed by the latter; welcomes the fact that these features of ATP schemes can be updated if new arrangements or practices emerge;
Amendment 258 #
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 261 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to issue a proposal aimed at repealing patent boxes, and calls on Member States to favour non-harmful and, if appropriate, direct support for R&D; reiterates, in the meantime, its call to ensure that current patent boxes establish a genuine link to economic activity, such as expenditure tests, and that they do not distort competition; welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal;
Amendment 273 #
Motion for a resolution
Subheading 2.2.2
Subheading 2.2.2
Amendment 278 #
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 312 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. WelcomesTakes note of the digital tax package adopted by the Commission on 21 March 2018; calls on the Council to swiftly adopt these proposals, taking into account Parliament’s opinion on them;
Amendment 325 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Understands that the so-called interim solution is not optimal; believes that it will help speed up the search for a better solution at global level, while levelling the playing field in local markets to some extentrges for a swift solution at OECD level;
Amendment 344 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Reiterates its call for a broader scope in relation to the exchange of tax rulings and broader access by the Commission; calls on the Commission to swiftly release its first assessment of DAC3 in this regard, looking in particular at the number of rulings exchanged and the number of occasions on which national tax administrations accessed information held by another Member State; asks that the assessment also consider the impact of disclosing key information related to tax rulings (the number of rulings, the names of beneficiaries, the effective tax rate deriving from each ruling);
Amendment 358 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Welcomes the automatic exchange of financial account information based on the global standard which has been developed by the OECD with Andorra, Liechtenstein, Monaco, San Marino and Switzerland; calls on the Commission and the Member States to upgrade the Treaty provisions so as to match the DAC as amended;
Amendment 393 #
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses that the proposal for public CBCR was submitted to the co-legislators just after the Panama papers scandal on 12 April 2016, and that Parliament adopted its position on it on 4 July 2017; recalls that the latter called for an enlargement of the scope of reporting and protection of commercially sensitive information; deplores the lack of progress and cooperation from the Council since 2016; urges for progress to be made in the Council so that it enters into negotiations with Parliament;
Amendment 412 #
Motion for a resolution
Paragraph 47
Paragraph 47
Amendment 416 #
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Calls on the Commission to assess possible measures to discourage Member States from granting such State aid in the form of selective tax advantages;
Amendment 421 #
Motion for a resolution
Paragraph 49
Paragraph 49
Amendment 457 #
Motion for a resolution
Paragraph 54
Paragraph 54
Amendment 477 #
Motion for a resolution
Paragraph 57
Paragraph 57
Amendment 485 #
Motion for a resolution
Paragraph 58
Paragraph 58
Amendment 516 #
Motion for a resolution
Paragraph 65
Paragraph 65
65. Welcomes, therefore,Takes note of the Commission’s VAT action plan of 6 April 2016 to reform the VAT framework and the 13 legislative proposals adopted by the Commission since December 2016 that address the shift towards the definitive VAT regime, remove VAT obstacles to e- commerce, review the VAT regime for SMEs, modernise the VAT rates policy and tackle the VAT tax gap;
Amendment 522 #
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 544 #
Motion for a resolution
Paragraph 71
Paragraph 71
71. Welcomes the opening of infringement procedures by the Commission on 8 March 2018 against Cyprus, Greece and Malta to ensure that they stop offering unlawful favourable tax treatment for private yachts, which could distorts competition in the maritime sector;
Amendment 558 #
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 590 #
Motion for a resolution
Paragraph 83
Paragraph 83
Amendment 599 #
Motion for a resolution
Paragraph 84
Paragraph 84
84. DeploresExpresses concern about the fact that some Member States have created tax regimes allowing non-nationals to obtain income tax benefits, hereby undermining other Member States’ tax base and fostering harmful policies which discriminate against their own citizens;
Amendment 626 #
Motion for a resolution
Paragraph 87
Paragraph 87
87. Stresses that CBI and RBI schemes carry significant risks, including a devaluation of EU citizenship and the potential for corruption, money laundering and tax evasion; reiterates its concern that citizenship or residence could be granted through these schemes without proper or indeed any customer due diligence (CDD) having been carried out; notes that several formal investigations into corruption and money laundering have been launched at national and EU level directly related to CBI and RBI schemes; underlines that, at the same time, the economic sustainability and viability of the investments provided through these schemes remain uncertain;
Amendment 647 #
Motion for a resolution
Paragraph 89
Paragraph 89
89. Worries that there is very little transparency in relation to the number and origin of applicants, the numbers of individuals granted citizenship or residency by these schemes and the amount invested through these schemes; appreciates the fact that some Member States make explicit the name and nationalities of the individuals who are granted citizenship or residency under these schemes; calls on the other Member States to be equally transparent in this field;
Amendment 655 #
Motion for a resolution
Paragraph 91
Paragraph 91
91. Concludes that the potential economic benefits of CBI and RBI schemes do not offset the serious money laundering and tax evasion risks they present; calls on Member States to phase out all existing CBI or RBI schemes as soon as possible; stresses that, in the meantime,stresses that Member States should properly ensure that enhanced CDD on applicants for citizenship or residence through these schemes is duly carried out, as required by AMLD5; calls on the Commission to monitor rigorously and continuously the proper implementation and application of CDD within the framework of CBI and RBI schemes until they are repealed in each Member State;
Amendment 672 #
Motion for a resolution
Paragraph 93
Paragraph 93
93. Urges the Commission to finalise its study on CBI and RBI schemes in the Union; urges the Commission to examine whether, and, if so, which of these schemes posed a threat to EU legislation;
Amendment 688 #
Motion for a resolution
Paragraph 96
Paragraph 96
Amendment 739 #
Motion for a resolution
Paragraph 109
Paragraph 109
109. Deplores the fact that a large number of Member States have failed to fully or partially transpose AMLD4 into their domestic legislation within the set deadline, and that for this reason, infringement procedures have had to be opened by the Commission against them, including referrals before the Court of Justice of the European Union67 ; calls on these Member States to swiftly remedy this situation; reminds Member States of their legal obligation to respect the deadline of 10 January 2020 for the transposition of AMLD5 into their domestic legislation; _________________ 67 On 19 July 2018, the Commission referred Greece and Romania to the Court of Justice of the European Union for failing to transpose the fourth Anti-Money Laundering Directive into their national law. Ireland had transposed only a very limited part of the rules and was also referred to the Court of Justice.
Amendment 767 #
Motion for a resolution
Paragraph 113
Paragraph 113
113. Notes that during the mandate of the TAX3 Committee alone, three deplorregrettable cases of money laundering through EU banks have been disclosed: ING Bank N.V. recently admitted serious shortcomings in the application of AML/CTF provisions and agreed to pay EUR 775 million in a settlement with the Netherlands’ Public Prosecution Service68 ; ABLV Bank in Latvia went into voluntary liquidation after the United States Financial Crimes Enforcement Network (FinCEN) decided to propose a ban on ABLV from having a correspondence account in the United States due to money laundering concerns69 , and Danske Bank admitted, after an investigation into 15 000 customers and around 9.5 million transactions linked to its Estonian branch had taken place, that major deficiencies in the bank’s governance and control systems had made it possible to use its Estonian branch for suspicious transactions70 ; _________________ 68 Netherlands’ Public Prosecution Service, September 4 2018: https://www.om.nl/actueel/nieuwsberichten /@103952/ing-pays-775-million/ 69 European Parliament, Directorate- General for Internal Policies, Economic Governance Support Unit, in-depth analysis entitled ‘Money laundering - Recent cases from a EU banking supervisory perspective’, April 2018, PE 614.496. 70 Bruun & Hjejle: Report on the Non- Resident Portfolio at Danske Bank’s Estonian Branch, Copenhagen, 19 September 2018.
Amendment 822 #
Motion for a resolution
Paragraph 125
Paragraph 125
125. WelcomesTakes note of the Commission communication of 12 September 2018 on strengthening the Union framework for prudential and anti-money laundering supervision for financial institutions (COM(20189)0645) and the proposal it contains on the ESAs’ review to strengthen supervisory convergence;
Amendment 897 #
Motion for a resolution
Paragraph 138
Paragraph 138
138. Underlines the positive potential of new distributed ledger technologies, such as blockchain technology; notes at the same time the increasing abuse of new payment and transfer methods based on these technologies to launder criminal proceeds or to commit other financial crimes; acknowledges the need to monitor technological developments to ensure that legislation addresses in an effective manner the abuse of new technologies and anonymity, which facilitatesfor the possible purpose of criminal activity;
Amendment 988 #
Motion for a resolution
Paragraph 154
Paragraph 154
Amendment 1067 #
Motion for a resolution
Paragraph 167
Paragraph 167
167. Recalls the need for fair treatment of developing countries when negotiating tax treaties, taking into account their particular situation and ensuring a fair allocation of tax rights according to genuine economic activity and value creation; calls, in this regard, for adherence to the UN model tax convention and for transparency around treaty negotiations to be ensured;