18 Amendments of Aurore LALUCQ related to 2023/0187(CNS)
Amendment 21 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) the financial sector has demonstrated inadequacy in upholding its responsibility as intermediaries between clients and national tax administrations, notably by assisting clients in securing tax refunds for amounts not genuinely paid, thereby defrauding EU member states of billions of euros.
Amendment 44 #
Proposal for a directive
Recital 14
Recital 14
(14) Any processing of personal data carried out within the framework of this Directive should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council31 . Financial intermediaries and Member States may process personal data under this Directive solely with the objective of serving a general public interest, namely for the purposes of combating tax fraud, tax evasion and tax avoidance, safeguarding tax revenues and promoting fair taxation, which strengthen opportunities for social, political and economic inclusion in Member States. Only entities participating in the WHT relief procedures under this Directive will have access to this data. Only the minimal amount of personal information required to identify underreporting, non-reporting, tax fraud, or abuse would be sent. Lastly, personal information will only be retained for as long as required for this purpose. To allow the effective pursuit of this objective, it is necessary to restrict certain rights of individuals provided by the aforementioned Regulation, especially the right to be notified on the processing of their data and the scope thereof as well as the right to consent on certain types of data processing. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and The rights of the data subjects shall be restored as soon as the conditions the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1)at supported the restriction cease to exist.
Amendment 56 #
Proposal for a directive
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
Amendment 63 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission shall adopt implementing acts laying down standard computerised forms in machine-readable format, including the linguistic arrangements, and technical protocols, including security standards, for the issuance of an eTRC. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18.
Amendment 69 #
Proposal for a directive
Article 5 – paragraph 4 – point d a (new)
Article 5 – paragraph 4 – point d a (new)
(d a) Information on the fees charged for the provision of services under this Directive.
Amendment 82 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State that removes a certified financial intermediary from its national register shall inform without delay all other Member States that maintain a national register according to Article 5, indicating the reasons for such removal.
Amendment 83 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Member States shall update their national registers to reflect the status of financial intermediaries no longer holding certification. In cases where the removal as a certified financial intermediary results from a decision by a Member State, the specific reasons for such action shall be clearly indicated in the register.
Amendment 103 #
Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(a a) the risks associated with the misuse by the registered owners of an eTRC issued by Member States or third countries which offer residence and citizenship by investment schemes;
Amendment 108 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. By [2 years from the date of entry into force of this Directive], the Commission shall adopt recommendations for the fulfilment of the requirements laid down in paragraph 2.
Amendment 127 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Monitoring and exchange in information 1. To ensure the integrety of the internal market the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) shall regularly monotor the risk for cum-cum, cum-ex and similar schemes in the EU. 2. Member States shall introduce enhanced cooperation and mutual assistance between national competent authorities, tax authorities and other law enforcement bodies, such as the European Public Prosecutor’s Office (EPPO) to detect and prosecute withholding tax reclaim schemes.
Amendment 129 #
Proposal for a directive
Article 19 – title
Article 19 – title
Evaluation and revison
Amendment 135 #
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1 b. a) the establishment of a common and standardised withholding tax framework in the EU that reduces complexity for investors, stems the practice of treaty shopping and ensures that all dividends, interest, capital gains, royalty payments, professional service payments and relevant contract payments generated in the EU are taxed at a minimum effective tax rate;
Amendment 136 #
Proposal for a directive
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
1 c. b) an EU-wide withholding border tax to ensure that all payments generated within the Union are taxed at least once before leaving it;
Amendment 137 #
Proposal for a directive
Article 19 – paragraph 1 d (new)
Article 19 – paragraph 1 d (new)
1 d. c) the enhancement of coordinated defensive measures against countries listed as non-cooperative jurisdictions for tax purposes, including withholding taxation, given the discretionary application by individual Member States of defensive measures;
Amendment 138 #
Proposal for a directive
Article 19 – paragraph 1 e (new)
Article 19 – paragraph 1 e (new)
1 e. d) further measures required at EU level within the field of withholding taxes to combat tax fraud, tax evasion and tax avoidance, including subjecting capital gains upon disposal of shares and security lending fees to taxation equivalent to dividend to deter and mitigate dividend arbitrage;
Amendment 139 #
Proposal for a directive
Article 19 – paragraph 1 f (new)
Article 19 – paragraph 1 f (new)
1 f. e) The implementation of a relief at source system as the default procedural option applicable to all Member States;
Amendment 140 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall communicate to the Commission relevant information for the evaluation of the Directive in improving withholding tax relief procedures to reduce double taxation as well as combat tax abusereferred to in paragraphs 1 and 1a, in accordance with paragraph 3.
Amendment 147 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall restrict data subject’s rights under Articles 15 to 19 of Regulation (EU) 2016/679 of the European Parliament and of the Council45 only to the extent and only as long as it is strictly necessary for their competent authorities to mitigate the risk of tax fraud, evasion or avoidance in Member States, in particular by verifying that the correct withholding tax rate is applied for the registered owner, or by verifying that the registered owner obtains the relief if so entitled in a timely manner. The rights of the data subjects shall be restored as soon as the conditions that supported the restriction cease to exist. _________________ 45 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).