15 Amendments of Luis GARICANO related to 2021/2074(INI)
Amendment 5 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 18 May 2021 on Business taxation for the 21st century,
Amendment 17 #
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to European Parliament’s report on the implementation of the EU requirements for exchange of tax information: progress, lessons learnt and obstacles to overcome (2020/2046(INI)),
Amendment 19 #
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to the Commission’s action plan for fair and simple taxation supporting the recovery strategy (COM(2020) 312 final),
Amendment 25 #
Motion for a resolution
Recital A
Recital A
A. whereas the issue of harmful tax practices is debated in the report of its Committee on Economic and Monetary Affairs of 21 July 2021 onEuropean Parliament in its resolution of 7 October 2021 put forward proposals to reforming the EU policy on harmful tax practices, (including the reform of the Code of Conduct Group) on Business Taxation;
Amendment 33 #
Motion for a resolution
Recital B
Recital B
B. whereas although tax policy largely remains a Member State responsibility, the single market requires a minimum degree of coordinharmonization in setting tax policy1 ; _________________ 1 As laid down in Articles 110-118 TFEU.
Amendment 39 #
Motion for a resolution
Recital C
Recital C
C. whereas tax policy fragmentation creates various obstacles for companies and citizens in the single market, including legal uncertainty, red tape, the risk of double taxation and difficulties claiming tax refunds; whereas these obstacles discourage cross-border economic activity in theand can distort the EU single market; whereas policy fragmentation also creates risks for tax authorities such as double non- taxation and arbitrage possibilities (such as tax planning);
Amendment 70 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that Member States are free to decide on their own economic policies which can lead to policy fragmentation in the field of taxation and an un-level playing field within the Union and in particular their own tax policies; recalls, however, that Member States must exercise this competence consistently with Union law thereby allowing for fair competition and avoiding any distortion of the EU single market;
Amendment 90 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that tax base harmonisation such as the common corporate tax base or the ‘Business in Europe: Framework for Income Taxation’ could reduce the cost of tax compliance for SMEs that operate in more than one Member StateWelcomes the Commission’s Communication on Business taxation for the 21st century stating that “the lack of a common corporate tax system in the Single Market acts as a drag on competitiveness (...) and that it creates a competitive disadvantage compared to third country markets”; stresses that tax base harmonisation such as the common corporate tax base or the ‘Business in Europe: Framework for Income Taxation’ could reduce the cost of tax compliance for SMEs that operate in more than one Member State; looks forward to the European Commission’s proposal on BEFIT expected in 2023 and calls on Member States to swiftly agree on an ambitious proposal for a single EU corporate tax rulebook providing for a fairer allocation of taxing rights between Member States;
Amendment 108 #
Motion for a resolution
Subheading 3
Subheading 3
Amendment 110 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotHighlights that the fragmentation of national tax policies can have a distortive effect on the EU single market and be harmful for the EU economy; welcomes that the EU has developed coordination mechanisms such as peer review procedures within the Code of Conduct Group (CoC) and country-specific recommendations in the context of the European Semester; points out that the Commission has recommended to six Member States that they curb aggressive tax planning as part of the 2020 country- specific recommendationsbelieves that both these mechanisms need to be reformed; underlines that within the CoC Member States re-examine, amend or abolish their existing tax measures that constitute harmful tax competition, as well as refrain from introducing new ones in the future ; welcomes in this regard the European Parliament’s position from October 2021 calling for the reform of the criteria, the scope and governance of the CoC to ensure fair taxation within the European Union; points out that the Commission has recommended to six Member States that they curb aggressive tax planning as part of the 2020 country- specific recommendations (CSRs), recalls that the Recovery and Resilience Facility and CSRs, including those related to taxation, are intricately linked, as set out in the regulation on establishing a Recovery and Resilience Facility;
Amendment 114 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reminds that since 2011 the Directive on Administrative Cooperation (DAC) lays down the rules for cooperation between Member States’ tax authorities with the aim of ensuring the proper functioning of the single market; welcomes that since 2011 the scope of the Directive has been continuously widened to new domains in order to curb tax fraud and tax avoidance; welcomes the European Parliament’s implementation report adopted in September 2021 identifying shortcomings in the effective implementation of DAC by Member States and highlighting the need to strengthen the exchange of information between national tax authorities;
Amendment 124 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, in order to maximise the impact, the ideal level for tax policy coordination is on the international stage through the G20/OECD; notes that EU tax proposals based on internationalhowever recognizes that international negotiations in the field of taxation often face difficulties to reach a consensus and agreements have historically been more likely to be adopted by the Council therefore slow to address the shortcomings of the international tax system; recommends in this case that the European Union should lead by example to address these shortcomings without prejudice to ongoing international negotiations;
Amendment 136 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that in areas of high importance for the functioning of the single market, such as taxation, and the capital markets union, more harmonisation is warranted either through better Member State coordination or EU action;
Amendment 137 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that Member States still use various criteria to determine tax residence status, creating a risk of double taxation or double non-taxation; recalls in this regard the July 2020 Commission’s action plan announcing a Commission’s legislative proposal in 2022/2023 clarifying where taxpayers active cross- borders in the EU are to be considered residents for tax purposes; looks forward to this Commission’s proposal which should aim at ensuring a more consistent determination of tax residence within the Single Market;
Amendment 146 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the historic agreement reached within the OECD/G20 Inclusive Framework on the reform of the international tax system based on the two- pillar solution with the aim to ensure a fairer distribution of profits and taxing rights among countries with respect to the largest and most profitable multinational companies, and that Multinational Enterprises (MNEs) be subject to a minimum 15% tax rate; calls on the Commission, as soon as the OECD has developed its model rules, to publish the legislative proposals to implement the international agreement into EU law; calls on the Council to swiftly adopt such proposals to have it effective in 2023;