BETA

Activities of Andżelika Anna MOŻDŻANOWSKA related to 2022/0413(CNS)

Shadow reports (1)

REPORT on the proposal for a Council directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation
2023/07/07
Committee: ECON
Dossiers: 2022/0413(CNS)
Documents: PDF(306 KB) DOC(136 KB)
Authors: [{'name': 'Rasmus ANDRESEN', 'mepid': 197448}]

Amendments (9)

Amendment 99 #
Proposal for a directive
Recital 29
(29) The Tax Identification Number (‘TIN’) is essentiauseful for Member States to match information received with data present in national databases. It increases Member States’ capability of identifying the relevant taxpayers and correctly assessing the related taxes. Therefore, it is important that Member States may require that the TIN is indicated – provided that the scope of this indicator in the tax law of the country concerned does not go beyond tax matters – in the context of exchanges related to financial accounts, advance cross-border rulings and advance pricing agreements, country-by-country reports, reportable cross-border arrangements, and information on sellers on digital platforms.
2023/04/28
Committee: ECON
Amendment 106 #
Proposal for a directive
Recital 36
(36) In order to enhance the efficient use of resources, facilitate the exchange of information and avoid the need for each Member States to make similar changes to their systems for storing information, a central directory should be established, accessible to all Member States and only for statistical purposes to the Commission, to which Member States would upload and store reported information, instead of exchanging that information by secured email. The practical arrangements necessary for the establishment of such central directory should be adopted by the Commission.deleted
2023/04/28
Committee: ECON
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a – point ii
Directive 2011/16/EU
Article 8 – paragraph 1 – subparagraph 1 a (new)
For taxable periods starting on or after 1 January 2026, Member States shall include the TIN of residents issued by the Member State of residence in the communication of the information referred to in the first subparagraph, on condition that the TIN in the tax law system concerned does not contain information which goes beyond tax purposes.
2023/04/28
Committee: ECON
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 2
2. The competent authority of a Member State where the reporting referred to in paragraph 1 of this Article takes place shall, by means of automatic exchange, and within the time limit laid down in paragraph 5 of this Article, communicate the information specified in paragraph 3 of this Article to competent authorities of all other Member Stateso the competent authorities of all other Member States the information concerning their residents specified in paragraph 3 of this Article in accordance with the practical arrangements adopted pursuant to Article 21.
2023/04/28
Committee: ECON
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Directive 2011/16/EU
Article 16 – paragraph 7
7. The competent authority of each Member State shall put in place an effective mechanism to ensure the assessment of data acquired through the reporting or the exchange of information under Articles 8 to 8ad within the scope of this Directive.’;deleted
2023/04/28
Committee: ECON
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2011/16/EU
Article 21 – paragraph 5a
(a) the following paragraph 5a is inserted: ‘ 5a The Commission, acting on behalf of Member States, shall by 31 December 2025, develop and provide with technical and logistical support a secure Member State central directory on administrative cooperation in the field of taxation where information to be communicated in the framework of Article 8ad(2) and (3) shall be recorded in order to satisfy the automatic exchange provided for in those paragraphs. The competent authorities of all Member States shall have access to the information recorded in that directory. The Commission shall also have access to the information recorded in that directory for the purposes of complying with its obligations under this Directive, however with the limitations set out in Article 8a(8), Article 8ab(17) and Article 8ad(8). The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2). Until that secure central directory is operational, the automatic exchange provided for in Article 8a(1) and (2), Article 8ab(13), (14) and (16) and Article 8ad (2), (3) and (8) shall be carried out in accordance with paragraph 1 of this Article and the applicable practical arrangements. ’deleted
2023/04/28
Committee: ECON
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2011/16/EU
Article 21 – paragraph 8
8. The Commission, acting on behalf of Member States, shall develop and provide Member States with a tool allowing an electronic and automated verification of the correctness of the TIN provided by a reporting entity or a taxpayer for the purpose of automatic exchange of information. Such verification shall not be possible where the identifier in question – in accordance with the applicable tax law of the country concerned – contains information which goes beyond tax purposes;
2023/04/28
Committee: ECON
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2011/16/EU
Article 22 – paragraph 4
4. Member States shall ensure that a reporting entity is allowed to obtain confirmation by electronic means of the validity of the TIN information of any taxpayer subject to the exchange of information under Articles 8 to 8ad. The confirmation of TIN information can only be requested for the purpose of validation of the correctness of data referred to in Article 8(1), Article 8(3a), Article 8a (6), Article 8aa(3), Article 8ab(14), Article 8ac(2) and Article 8ad(3), point (c) and solely in the case where the TIN in the tax law system concerned does not contain information which goes beyond tax purposes.
2023/04/28
Committee: ECON
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2011/16/EU
Article 27 – paragraph 2
2. Member States shall monitor and assess in relation to their jurisdiction, the effectiveness of administrative cooperation in accordance with this Directive in combatting tax evasion and tax avoidance and shall communicate the results of their assessment to the Commission once a year.’ The Commission shall develop a set of criteria to be taken into account in such assessments and applied using a form for this reporting.
2023/04/28
Committee: ECON