Activities of Sander LOONES related to 2016/0107(COD)
Plenary speeches (1)
Disclosure of income tax information by certain undertakings and branches (debate) NL
Amendments (10)
Amendment 52 #
Proposal for a directive
Recital 4
Recital 4
(4) Calling for a globally fair and modern international tax system in November 2015, the G20 endorsed the OECD ‘Action Plan on Base Erosion and Profit Shifting’ (BEPS) which aimed at providing governments with clear international solutions to address the gaps and mismatches in existing rules which allow corporate profits to shift to locations of no or low taxation, where no real value creation may take place. In particular, BEPS Action 13 introduces a country-by- country reporting by certain multinational undertakings to national tax authorities on a confidential basis. The globally-agreed standard thus rejected public disclosure of this sensitive commercial information that would allow foreign companies to draw conclusions on trade secrets and the potential of market exploitations of their competitors. On 27 January 2016, the Commission adopted the ‘Anti-Tax Avoidance Package’, going beyond the OECD BEPS framework. One of the objectives of that package is to transpose into Union law, the BEPS Action 13 by amending Council Directive 2011/16/EU20. __________________ 20 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, 11.3.2011, p. 1).
Amendment 56 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In a globalised world, it is sensible to reach agreements on tackling tax evasion internationally. This should first and foremost be done through the OECD and the G20. A common international tax framework is a more desirable outcome than EU specific measures which may put the European business community at a competitive disadvantage at the time when the Commission is trying to boost investment in the EU through the Capital Markets Union (CMU) and the Fund for Strategic Investments (EFSI).
Amendment 65 #
Proposal for a directive
Recital 5
Recital 5
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Member States shall require ultimate parent undertakings governed by their national laws and having a consolidated net turnover exceeding EUR 750 000 000 as reflected in their consolidated financial statements as well as undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding EUR 750 000 000 as reflected in their consolidated financial statements to draw up and publish a report on income tax information on an annual basisas regards the last financial year.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2 a (new)
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2 a (new)
Member States shall not apply the rules set out in this paragraph where such undertakings operate only within the territory of one single Member State and in no other tax jurisdiction.
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 1
Member States shall require the medium- sized and large subsidiary undertakings referred to in Article 3(3) and (4) which are governed by their national laws and controlled by an ultimate parent undertaking which has a consolidated net turnover exceeding EUR 750 000 000 and which is not governed by the law of a Member State, to publish the report on income tax information of that ultimate parent undertaking on an annual basisf the last financial year to the extent that the information is available to the subsidiary undertaking.
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 1
Member States shall require branches which are opened in their territories by an undertaking which is not governed by the law of a Member State to publish on an annual basis the report on income tax information of the ultimate parent undertaking referred to in point (a) of paragraph 5 of this Article to the extent that the information is available.
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 a (new)
Chapter 10 a – Article 48 c – paragraph 3 a (new)
3a. Member States may allow information required to be disclosed under paragraphs 2 and 3 of this Article to be omitted when its nature is such that it would be seriously prejudicial to the commercial position of the undertakings to which it relates. Any such omission shall be disclosed in the report.
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 g
Chapter 10 a – Article 48 g
Amendment 271 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Publications Office - set the date = onetwo years after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.