[ParlTrack]

Reports (1)

2016/11/22
Committee: ECON
Dossiers: 2008/0215(CNS)
Documents: PDF(371 KB) DOC(579 KB)

Amendments (4)

Proposal for a directive – amending act
Article 1 – point 5 a (new)

Directive 2003/48/EC
Article 10 – paragraph 2

(5a) Article 10(2) is replaced by the following: "The transitional period shall end a) either at the end of the first full tax year after 1 July 2014; b) or at the end of the first full tax year following the later of the dates given below, provided that this is earlier than the date mentioned in point a): — the date of entry into force of the latest agreement between the European Community, following a unanimous decision of the Council, and the Swiss Confederation, the Principality of Liechtenstein, the Republic of San Marino, the Principality of Monaco and the Principality of Andorra, providing for the exchange of information upon request as defined in the OECD Model Agreement on Exchange of Information on Tax Matters released on 18 April 2002 (hereinafter the "OECD Model Agreement") with respect to interest payments, as defined in this Directive, made by paying agents established within their respective territories to beneficial owners resident in the territory to which the Directive applies, in addition to the simultaneous application by those same countries of a withholding tax on such payments at the rate defined for the corresponding periods referred to in Article 11(1), — the date on which the Council agrees by unanimity that the United States of America is committed to exchange of information upon request as defined in the OECD Model Agreement with respect to interest payments, as defined in this directive, made by paying agents established within its territory to beneficial owners resident in the territory to which the Directive applies.

2009/02/19
Committee: ECON

Benoît HAMON

Proposal for a directive – amending act
Article 1 – point 11

Directive 2003/48/EC
Article 18 b – paragraph 3 a (new)

3a. The Commission, assisted by the Committee, shall assess, every two year from 1 January 2010 onwards, the performance of the procedures, documents and formats referred to in Article 18a and, acting in accordance with the procedure in Article 18b(2), shall adopt the measures required to improve these.

2009/02/19
Committee: ECON

Benoît HAMON

Proposal for a directive – amending act
Annex – point 2

Directive 2003/48/EC
Annex I

ANNEX I List of legal forms of entities and legal arrangements to which Article 2(3) applies because of the presence within the territory of specific countries or jurisdictions of their place of effective management 1. Entities and legal arrangements whose place of effective management is in a country or jurisdiction outside the territorial scope of the Directive as defined in Article 7 and which is different from those listed in Article 17(2): Antigua and Barbuda International business company Bahamas Trust Foundation International business company Bahrain Financial trust Barbados Trust Belize Trust International business company Bermuda Trust Brunei Trust International business company International trust International Limited Partnership Cook Islands Trust International trust International company International partnership Costa Rica Trust Djibouti Exempt company (Foreign) trust Dominica Trust International business company Fiji Trust French Polynesia Société (Company) Société de personnes (Partnership) Société en participation (Joint venture) (Foreign) trust Guam Company Sole proprietorship Partnership (Foreign) trust Guatemala Trust Fundación (Foundation) Hong Kong Trust Kiribati Trust Labuan (Malaysia) Offshore company Malaysian offshore bank, Offshore limited partnership Offshore trust Lebanon Companies benefiting from the Offshore company regime Macao Trust Fundação (Foundation) Maldives All the companies, partnership and Foreign trust Northern Marianas Islands Foreign sales corporation Offshore banking corporation (Foreign) trust Marshall Islands Trust Mauritius Trust Global business company cat. 1 and 2 Micronesia Company Partnership (Foreign) trust Nauru Trusts/nominee company Company Partnership Sole proprietorship Foreign will Foreign estate Other form of business negotiated with the Government New Caledonia Société (Company) Société civile (Civil company) Société de personnes (Partnership) Joint venture Estate of deceased person (Foreign) trust Niue Trust International business company Panama Fideicomiso (Trust) Fundación de interés privado (Foundation) Palau Company Partnership Sole proprietorship Representative office Credit union (financial cooperative) Cooperative (Foreign) trust Philippines Trust Puerto Rico Estate Trust International banking entity Saint Kitts and Nevis Trust Foundation Exempt company Saint Lucia Trust Saint Vincent and the Grenadine Trust Samoa Trust International trust International company Offshore bank Offshore insurance company International partnership Limited partnership Seychelles Trust International business company Singapore Trust Solomon Islands Company Partnership Trust South Africa Trust Tonga Trust Tuvalu Trust Provident fund United Arab Emirates Trust US Virgin Islands Trust Exempt company Uruguay Trust Vanuatu Trust Exempt company International company 2. Entities and legal arrangements whose place of effective management is in a country or jurisdiction listed in Article 17(2), to which Article 2(3) applies pending the adoption by the country or jurisdiction concerned of provisions equivalent to those of Article 4(2): Andorra Trust Anguilla Trust Aruba Stichting (Foundation) Companies benefiting from the offshore company regime British Virgin Islands Trust International business company Cayman Islands Trust Exempt company Guernsey Trust Zero tax company Isle of Man Trust Jersey Trust Liechtenstein Anstalt (Trust) Stiftung (Foundation) Monaco Trust Fondation (Foundation) Montserrat Trust Netherlands Antilles Trust Stichting (Foundation) San Marino Trust Fondazione (Foundation) Switzerland Trust Foundation Turks and Caicos Exempted company Limited partnership Trust "ANNEX I 1. The legal forms of entities and legal arrangements to which Article 2(3) applies shall include the following: − Limited liability companies whether limited by shares, guarantee or some other mechanism; − Limited liability corporations whether limited by shares, guarantee or some other mechanism; − International companies or corporations; − International business companies or corporations; − Exempt companies or corporations; − Protected cell companies or corporations; − Incorporated cell companies or corporations; − International banks, including corporations of similar name; − Offshore banks, including corporations of similar name; − Insurance companies or corporations; − Reinsurance companies or corporations; − Co-operatives; − Credit unions; − Partnerships of all forms including (without limitation) general partnerships, limited partnerships, limited liability partnerships, international partnerships and international business partnerships; − Joint ventures; − Trusts; − Settlements; − Foundations; − Estates of deceased persons; − Funds of all forms; − Branches of any of the entities and arrangements listed here; − Representative offices of any of the entities and arrangements listed here; − Permanent establishments of any of the entities and arrangements listed here; − Multiform Foundation, however described. 2. The specific countries or jurisdictions outside the territorial scope of the Directive as defined in Article 7 and which is different from those listed in Article 17(2) in which Article 2(3) shall apply with regard to the legal forms of entities and legal arrangements referred to in Part 1 of this Annex if their place of effective management is located therein includes: − Anjouan − Antigua and Barbuda − The Bahamas − Bahrain − Barbados − Belize − Bermuda − Brunei − Cook Islands − Costa Rica − Djibouti − Dominica − Dubai − Fiji − French Polynesia − Ghana − Grenada − Guam − Guatemala − Hong Kong − Kiribati − Labuan (Malaysia) − Lebanon − Liberia − Macao − Macedonia − Maldives − Montenegro − Northern Marianas Islands − Marshall Islands − Mauritius − Micronesia − Nauru − New Caledonia − Niue − Panama − Palau − Philippines − Puerto Rico − Saint Kitts and Nevis − Saint Lucia − Saint Vincent and the Grenadines − Samoa − Sao Tome e Principe − Seychelles − Singapore − Solomon Islands − Somalia − South Africa − Tonga − Tuvalu − United Arab Emirates − US Virgin Islands − Uruguay − Vanuatu 3. The specific countries or jurisdictions listed in Article 17(2) in which Article 2(3) shall apply pending the adoption by the country or jurisdiction concerned of provisions equivalent to those of Article 4(2) with regard to the legal forms of entities and legal arrangements referred to in Part 1 of this Annex if their place of effective management is located therein includes: − Andorra − Anguilla − Aruba − British Virgin Islands − Cayman Islands − Guernsey, Alderney or Sark − Isle of Man − Jersey − Liechtenstein − Monaco − Montserrat − Netherlands Antilles − San Marino − Switzerland − Turks and Caicos 4. Any of the legal forms of entities and legal arrangements referred to in Part 1 of this Annex shall be covered by Article 2(3) if their place of effective management is located in any of the specific countries or jurisdictions referred to in Parts 2 and 3 of this Annex subject to the following: a) a country or jurisdiction referred to in Parts 2 and 3 can make an application to the Committee referred to in Article 18b to have any of the legal forms of entities and legal arrangements referred to in Part 1 removed from consideration for their country or jurisdiction on the grounds that the legal forms of entities and legal arrangements referred to could not have their place of effective management located therein or on the ground that appropriate taxation of interest income paid to these legal persons or arrangements is in fact ensured; b) The Committee shall publish its decision with reasons stated within 3 months of such application being made and the legal forms of entities and legal arrangements noted as being removed from the scope of Part 1 for the country or jurisdiction that has made such application for a notified period, not to exceed two years, which period may be extended on application from the country or jurisdiction submitted not more than six months prior to its date of expiry.

2009/02/19
Committee: ECON

Benoît HAMON

Proposal for a directive – amending act
Annex – point 2

Directive 2003/48/EC
Annex III

ANNEX III List of ‘paying agents on receipt’ under Article 4(2) INTRODUCTORY NOTE Trusts and similar legal arrangements are listed for those Member States that do not have a domestic fiscal regime for the taxation of income received on behalf of such legal arrangements by the person who primarily holds legal title and primarily manages its property and income, and is resident on their territory. This list refers to trusts and similar legal arrangements whose place of effective management of their movable assets is in these countries (residence of the main trustee or other administrator responsible for movable assets), irrespective of the laws under which these trusts and similar legal arrangements have been set up. List of entities and Countries Comments arrangements Belgium - Société de droit commun / See Articles 46, 47 and 48 of maatschap (Civil law or the Belgian Company Code. commercial company without any legal status) These ‘companies’ (the - Société momentanée / name of which is given in tijdelijke French and Dutch) do not handelsvennootschap have legal status, and from (Company without any the point of view of taxation, legal status whose purpose a look-through approach is is to deal with one or applicable. several specific commercial operations) - Société interne / stille handelsvennootschap (Company without any legal status through which one or more persons has (have) an interest in operations that one or more other persons manage(s) on their behalf) - ‘Trust’ or other similar legal arrangement Bulgaria - Drujestvo sys specialna Entity exempt from investicionna cel (Special- corporate income tax . purpose investment company) -Investicionno drujestvo (Investment company, not Trusts are allowed for public covered by Article 6) offering in Bulgaria and are exempt from corporate - ‘Trust’ or other similar income tax. legal arrangement Czech Republic - Veřejná obchodní společnost (ver. obch. spol. or V.O.S.) (Partnership) - Sdruženi (Association) - Družstvo (Cooperative) - Evropské hospodářské zájmové sdružení (EHZS) (European Economic Interest Grouping (EEIG )) - ‘Trust’ or other similar legal arrangement Denmark - Interessentskaber (General partnership) - Kommanditselskaber (Limited partnership) - Partnerselskaber (Partner company) - Europæisk økonomisk firmagrupper (EØFG) (European Economic Interest Grouping (EEIG)) - ‘Trust’ or other similar legal arrangement Germany - Gesellschaft bürgerlichen Rechts (Civil law company) - Kommanditgesellschaft — KG, offene Handelsgesellschaft — OHG (Commercial partnership) - Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping (EEIG)) Estonia - Täisühing- TÜ (General General and limited partnership) partnerships are taxed as - Usaldusühing-UÜ (Limited separate taxable entities, any partnership) distributions by which are deemed to be dividends - ‘Trust’ or other similar (subject to distribution tax) legal arrangement Ireland - Partnership and investment Irish resident trustee taxable club on income arising to the trust. - European economic interest grouping (EEIG) Greece - Omorrythmos Eteria (OE) Partnerships are subject to (General partnership) corporate income tax. However, up to 50% of the profits of partnerships is - Eterorythmos Eteria (EE) taxed in the hands of the (Limited partnership) individual partners at their personal tax rate - ‘Trust’ or other similar legal arrangement Spain Entities subject to the system for taxing attribution of profits: - Sociedad civil con o sin personalidad jurídica (Civil law partnership with or without legal personality), - Agrupación europea de interés económico (AEIE) (European Economic Interest Grouping (EEIG)), - Herencias yacentes (Estate of a deceased person), - Comunidad de bienes (Joint ownership). - Other entities without legal personality that constitute a separate economic unit or a separate group of assets (Article 35(4) of the Ley General Tributaria). - ‘Trust’ or other similar legal arrangement France - Société en participation (Joint venture company) - Société ou association de fait (De facto company) - Indivision (Joint ownership) - ‘Trust’ or other similar legal arrangement Italy - Società semplice (Civil law The category of entities partnership and assimilated treated as ‘società semplici’ entity) includes: ‘società di fatto’ (irregular or ‘de facto’ partnerships), which do not have commercial activities as their purpose, and ‘associazioni’ (associations) - Non-commercial entity organised by artists or without legal personality professional persons for the practice of their art or profession in associative - ‘Trust’ or other similar forms with no legal legal arrangement personality The category of non- commercial entities without legal personality is wide, and may include various types of organisations: associations, syndicates, committees, non-profit organisations and others Cyprus - Syneterismos (Partnership) - syndesmos or somatio (Association) - Synergatikes (Cooperative) Trusts created under Cypriot - ‘Trust’ or other similar jurisdiction are considered legal arrangement transparent entities under national law. - Ekswxwria Eteria (Offshore company) Latvia - Pilnsabiedrība (General partnership) - Komandītsabiedrība (Limited partnership) - Eiropas Ekonomisko interešu grupām (EEIG) (European Economic Interest Grouping (EEIG) - Biedrības un nodibinājumi (Association and foundation); - Lauksaimniecības kooperatīvi (Agriculture cooperative) - ‘Trust’ or other similar legal arrangement Lithuania - Europos ekonominių Interests and capital gains on interesų grup÷s (European shares or bonds derived by Economic Interest associations are exempt from corporate income tax. Grouping (EEIG)) - Asociacija (Association) - ‘Trust’ or other similar legal arrangement Luxembourg - Société en nom collectif (General partnership) - Société en commandite simple (Limited partnership) - ‘Trust’ or other similar legal arrangement Hungary - ‘Trust’ or other similar Hungary recognises trusts as legal arrangement ‘entities’ under national rules Malta - Soëjetà in akomonditia Partnerships ‘en (Partnership ‘en commandite’ the capital of commandite’), the capital of which is divided into shares which is not divided into are subject to general CIT. shares - Arrangement in participation (Association ‘en participation’) - Investment club - Soëjetà Kooperattiva (Cooperative society) The Netherlands - Vennootschap onder firma General partnerships, closed (General partnership) partnerships and EEIGs are transparent for tax purposes. - Commanditaire vennootschap (Closed limited partnership) - Europese economische samenwerkingsverbanden (EESV) (European Economic Interest Grouping (EEIG)) - Vereniging (Association) Verenigingen (associations) - Stichting (Foundation) and stichtingen - ‘Trust’ or other similar (foundations) are tax exempt legal arrangement unless they carry on a trade or business. Austria - Personengesellschaft Partnership is considered (Partnership) transparent, even if viewed as an entity for the purpose - Offene of profit computation. Personengesellschaft (General commercial partnership) - Kommanditgesellschaft, KG (Limited partnership) - Gesellschaft nach bürgerlichem Recht, GesBR (Civil law partnership) - Offene Erwerbsgeselllschaft (OEG) (Professional general partnership) - Kommandit- Erwerbsgesellschaft Treated like a normal (Professional limited ‘partnership’. partnership) - Stille Gesellschaft (Silent Taxed as a company, interest partnership) income taxed at a reduced - Einzelfirma (Sole rate of 12.5% partnership) - Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping (EEIG)) - Privatstiftung (Private foundation) - ‘Trust’ or other similar legal arrangement Poland - Spólka jawna (Sp. j.) (General partnership) - Spólka komandytowa (Sp. k.) (Limited partnership) - Spólka komandytowo- akcyjna (S.K.A.) (Limited joint-stock partnership) - Spólka partnerska (Sp. p.) (Professional partnership) - Europejskie ugrupowanie interesów gospodarczych (EUIG) (European Economic Interest Grouping (EEIG)) - ‘Trust’ or other similar legal arrangement Portugal - Sociedade civil (Civil law Civil law partnerships not partnership) which is not incorporated in a incorporated in a commercial form, commercial form incorporated firms engaged in listed professional activities, ACE (type of incorporated joint venture), EEIGs and companies holding assets which are either controlled by a family group or fully owned by five members or less are fiscally transparent. Other incorporated - Incorporated firms engaged partnerships are treated as in listed professional companies and taxed under activities in which all the general IRC rules. partners are individuals qualified in the same profession - Agrupamento de Interesse Económico (AIE) (domestic economic interest grouping ) - Agrupamento Europeu de Interesse Económico (AEIE) (European Economic Interest Offshore companies Grouping (EEIG)) operating in free-trade zones in Madeira or in Azores - Sociedada gestora de island of Santa Maria are participacoes sociais exempted from CIT and (SGPS) (Holding WHT on dividends, interest, companies which are either royalties and similar controlled by a family payments made to the group or fully owned by foreign parent. five members or less) The only trusts admitted - Herança jacente (namely under Portuguese law are estate of a deceased those set up under foreign person) law by legal persons in the International Business - Unincorporated association Centre of Madeira and trust assets constitute an - Offshore company autonomous part of the operating in free-trade patrimony of the legal zones in Madeira or in person acting as trustee. Azores island of Santa Maria - ‘Trust’ or other similar legal arrangement Romania - Association (partnership) - Cooperative (Cooperative) - ‘Trust’ or other similar legal arrangement Slovenia - Samostojni podjetnik (Proprietorship) - ‘Trust’ or other similar legal arrangement Slovak Republic - Verejná obchodná spoločnosť (General partnership) - Európske združenie The taxable base is first hospodárskych záujmov computed for the limited (European Economic partnership as a whole and interest grouping (EEIG)) then allocated to the general partners and limited - Komanditná spoločnosť partners. The profit shares (Limited partnership) re received by the general income attributed to a partners of a limited general partner partnership are taxed at the level of general partners. The remainder income of the limited partners is taxed initially at partnership level according to the rules for companies. - Združenie (Association) - Entities that are not set up for the purpose of conducting business: chambers of professionals, voluntary civic associations, Nadácia (foundations) Tax-exempt income includes income derived from - ‘Trust’ or other similar activities that are the legal arrangement purpose of the establishment of the organisation, except income subject to the WHT regime. Finland - yksityisliike (Unregistered firm) - avoin yhtiö / öppet bolag (Partnership) - kommandiittiyhtiö / kommanditbolag (Limited partnership) - kuolinpesä / dödsbo (Estate of a deceased person) - eurooppalaisesta taloudellisesta etuyhtymästä (ETEY) / europeiska ekonomiska intressegrupperingar (European Economic interest grouping (EEIG)) - ‘Trust’ or other similar legal arrangement Sweden - handelsbolag (General partnership) - kommanditbolag (Limited partnership) - enkelt bolag (Simple partnership) - ‘Trust’ or other similar legal arrangement United Kingdom - General partnership General partnerships, limited partnerships; limited liability - Limited partnership partnerships and EEIGs are transparent for tax purposes. - Limited liability partnership - EEIG - Investment club (where members are entitled to a specific share of assets) ANNEX III List of ‘paying agents on receipt’ under Article 4(2) INTRODUCTORY NOTE Trusts and similar legal arrangements are listed for those Member States that do not have a domestic fiscal regime for the taxation of income received on behalf of such legal arrangements by the person who primarily holds legal title and primarily manages its property and income, and is resident on their territory. This list refers to trusts and similar legal arrangements whose place of effective management of their movable assets is in these countries (residence of the main trustee or other administrator responsible for movable assets), irrespective of the laws under which these trusts and similar legal arrangements have been set up. List of entities and Countries Comments arrangements Belgium - Société de droit commun / See Articles 46, 47 and 48 of maatschap (Civil law or the Belgian Company Code. commercial company without any legal status) These ‘companies’ (the - Société momentanée / name of which is given in tijdelijke French and Dutch) do not handelsvennootschap have legal status, and from (Company without any the point of view of taxation, legal status whose purpose a look-through approach is is to deal with one or applicable. several specific commercial operations) - Société interne / stille handelsvennootschap (Company without any legal status through which one or more persons has (have) an interest in operations that one or more other persons manage(s) on their behalf) ‘Trust’, foundation or other similar legal arrangement Bulgaria - Drujestvo sys specialna Entity exempt from investicionna cel (Special- corporate income tax purpose investment company) -Investicionno drujestvo (Investment company, not Trusts are allowed for public covered by Article 6) offering in Bulgaria and are exempt from corporate ‘Trust’, foundation or other income tax similar legal arrangement Czech Republic - Veřejná obchodní společnost (ver. obch. spol. or V.O.S.) (Partnership) - Sdruženi (Association) - Družstvo (Cooperative) - Evropské hospodářské zájmové sdružení (EHZS) (European Economic Interest Grouping (EEIG )) - ‘Trust’, foundation or other similar legal arrangement Denmark - Interessentskaber (General partnership) - Kommanditselskaber (Limited partnership) - Partnerselskaber (Partner company) - Europæisk økonomisk firmagrupper (EØFG) (European Economic Interest Grouping (EEIG)) - ‘Trust’, foundation or other similar legal arrangement Germany - Gesellschaft bürgerlichen Rechts (Civil law company) - Kommanditgesellschaft — KG, offene Handelsgesellschaft — OHG (Commercial partnership) - Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping (EEIG)) - ‘Trust’, foundation or other similar legal arrangement Estonia - Täisühing- TÜ (General General and limited partnership) partnerships are taxed as - Usaldusühing-UÜ (Limited separate taxable entities, any partnership) distributions by which are deemed to be dividends - ‘Trust’, foundation or (subject to distribution tax). other similar legal arrangement Ireland - Partnership and investment Irish resident trustee taxable club on income arising to the trust. European economic interest grouping (EEIG) - ‘General partnership’ - ‘Limited partnership’ - ‘Investment partnership’ - ‘Non-resident limited liability company’ - ‘Irish common contractual fund’ - ‘Trust’, foundation or other similar legal arrangement Greece Partnerships are subject to - Omorrythmos Eteria (OE) corporate income tax. (General partnership) However, up to 50% of the profits of partnerships is taxed in the hands of the - Eterorythmos Eteria (EE) individual partners at their (Limited partnership) personal tax rate. - ‘Trust’, foundation or other similar legal arrangement Spain Entities subject to the system for taxing attribution of profits: - Sociedad civil con o sin personalidad jurídica (Civil law partnership with or without legal personality), - Agrupación europea de interés económico (AEIE) (European Economic Interest Grouping (EEIG)), - Herencias yacentes (Estate of a deceased person), - Comunidad de bienes (Joint ownership). - Other entities without legal personality that constitute a separate economic unit or a separate group of assets (Article 35(4) of the Ley General Tributaria). - ‘Trust’, foundation or other similar legal arrangement France - Société en participation (Joint venture company) - Société ou association de fait (De facto company) - Indivision (Joint ownership) - ‘Trust’, foundation or other similar legal arrangement Italy - Società semplice (Civil law The category of entities partnership and assimilated treated as ‘società semplici’ entity) includes: ‘società di fatto’ (irregular or ‘de facto’ partnerships), which do not have commercial activities as their purpose, and ‘associazioni’ (associations) - Non-commercial entity organised by artists or without legal personality professional persons for the practice of their art or profession in associative - ‘Trust’, foundation or forms with no legal other similar legal personality. arrangement The category of non- commercial entities without legal personality is wide, and may include various types of organisations: associations, syndicates, committees, non-profit organisations and others. Cyprus - Syneterismos (Partnership) - syndesmos or somatio (Association) - Synergatikes (Cooperative) - ‘Trust’, foundation or Trusts created under Cypriot other similar legal jurisdiction are considered arrangement transparent entities under national law. - Ekswxwria Eteria (Offshore company) Latvia - Pilnsabiedrība (General partnership) - Komandītsabiedrība (Limited partnership) - Eiropas Ekonomisko interešu grupām (EEIG) (European Economic Interest Grouping (EEIG) - Biedrības un nodibinājumi (Association and foundation); - Lauksaimniecības kooperatīvi (Agriculture cooperative) - ‘Trust’, foundation or other similar legal arrangement Lithuania - Europos ekonominių Interests and capital gains on interesų grup÷s (European shares or bonds derived by Economic Interest associations are exempt from corporate income tax. Grouping (EEIG)) - Asociacija (Association) - ‘Trust’, foundation or other similar legal arrangement Luxembourg - Société en nom collectif (General partnership) - Société en commandite simple (Limited partnership) - ‘Trust’, foundation or other similar legal arrangement Hungary - ‘Trust’, foundation or Hungary recognises trusts as other similar legal ‘entities’ under national arrangement rules Malta - Soëjetà in akomonditia Partnerships ‘en (Partnership ‘en commandite’ the capital of commandite’), the capital of which is divided into shares which is not divided into are subject to general CIT. shares - Arrangement in participation (Association ‘en participation’) - Investment club - Soëjetà Kooperattiva (Cooperative society) - ‘Trust’, foundation or other similar legal arrangement Netherlands - Vennootschap onder firma General partnerships, closed (General partnership) partnerships and EEIGs are transparent for tax purposes. - Commanditaire vennootschap (Closed limited partnership) - Europese economische samenwerkingsverbanden (EESV) (European Economic Interest Grouping (EEIG)) - Vereniging (Association) Verenigingen (Associations) - Stichting (Foundation) and stichtingen - ‘Trust’, foundation or (foundations) are tax exempt other similar legal unless they carry on a trade arrangement or business. Austria - Personengesellschaft Partnership is considered (Partnership) transparent, even if viewed as an entity for the purpose - Offene of profit computation. Personengesellschaft (General commercial partnership) - Kommanditgesellschaft, KG (Limited partnership) - Gesellschaft nach bürgerlichem Recht, GesBR (Civil law partnership) - Offene Erwerbsgeselllschaft (OEG) (Professional general partnership) - Kommandit- Erwerbsgesellschaft Treated like a normal (Professional limited ‘partnership’. partnership) - Stille Gesellschaft (Silent Taxed as a company, interest partnership) income taxed at a reduced - Einzelfirma (Sole rate of 12.5% partnership) - Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping (EEIG)) - Privatstiftung (Private foundation) - ‘Trust’, foundation or other similar legal arrangement Poland - Spólka jawna (Sp. j.) (General partnership) - Spólka komandytowa (Sp. k.) (Limited partnership) - Spólka komandytowo- akcyjna (S.K.A.) (Limited joint-stock partnership) - Spólka partnerska (Sp. p.) (Professional partnership) - Europejskie ugrupowanie interesów gospodarczych (EUIG) (European Economic Interest Grouping (EEIG)) - ‘Trust’, foundation or other similar legal arrangement Portugal - Sociedade civil (Civil law Civil law partnerships not partnership) which is not incorporated in a incorporated in a commercial form, commercial form incorporated firms engaged in listed professional activities, ACE (type of incorporated joint venture), EEIGs and companies holding assets which are either controlled by a family group or fully owned by five members or less are fiscally transparent. Other incorporated partnerships are treated as - Incorporated firms engaged companies and taxed under in listed professional the general IRC rules. activities in which all partners are individuals qualified in the same profession - Agrupamento de Interesse Económico (AIE) (domestic economic interest grouping ) - Agrupamento Europeu de Interesse Económico (AEIE) (European Economic Interest Grouping (EEIG)) - Sociedada gestora de Offshore companies participacoes sociais operating in free-trade zones (SGPS) (Holding in Madeira or in Azores companies which are either island of Santa Maria are controlled by a family exempted from CIT and group or fully owned by WHT on dividends, interest, five members or less) royalties and similar payments made to the - Herança jacente (namely foreign parent. estate of a deceased person) The only trusts admitted under Portuguese law are - Unincorporated association those set up under foreign law by legal persons in the - Offshore company International Business operating in free-trade Centre of Madeira and trust zones in Madeira or in assets constitute an Azores island of Santa autonomous part of the Maria patrimony of the legal person acting as trustee. - ‘Trust’, foundation or other similar legal arrangement Romania - Association (partnership) - Cooperative (Cooperative) - ‘Trust’, foundation or other similar legal arrangement Slovenia Samostojni podjetnik (Proprietorship) - ‘Trust’, foundation or other similar legal arrangement Slovakia - Verejná obchodná spoločnosť (General partnership) - Európske združenie The taxable base is first hospodárskych záujmov computed for the limited (European Economic partnership as a whole and interest grouping (EEIG)) then allocated to the general partners and limited - Komanditná spoločnosť partners. The profit shares (Limited partnership) re received by the general income attributed to a partners of a limited general partner partnership are taxed at the level of general partners. The remainder income of the limited partners is taxed initially at partnership level according to the rules for companies. - Združenie (association) - Entities that are not set up for the purpose of conducting business: chambers of professionals, voluntary civic Tax-exempt income includes associations, Nadácia income derived from (foundations) activities that are the purpose of the establishment - ‘Trust’, foundation or of the organisation, except other similar legal income subject to the WHT arrangement regime. Finland - yksityisliike (Unregistered firm) - avoin yhtiö / öppet bolag (Partnership) - kommandiittiyhtiö / kommanditbolag (Limited partnership) - kuolinpesä / dödsbo (Estate of a deceased person) - eurooppalaisesta taloudellisesta etuyhtymästä (ETEY) / europeiska ekonomiska intressegrupperingar (European Economic interest grouping (EEIG)) - ‘Trust’, foundation or other similar legal arrangement Sweden - handelsbolag (General partnership) - kommanditbolag (Limited partnership) - enkelt bolag (Simple partnership) - ‘Trust’, foundation or other similar legal arrangement United Kingdom - General partnership General partnerships, limited partnerships; limited liability - Limited partnership partnerships and EEIGs are transparent for tax purposes. - Limited liability partnership - EEIG - Investment club (where members are entitled to a specific share of assets) - ‘Trust’, foundation or other similar legal arrangement - Entities and legal arrangements whose place of effective management is in the jurisdiction of Gibraltar, including: − Limited liability companies whether limited by shares, guarantee or some other mechanism; − Limited liability corporations whether limited by shares, guarantee or some other mechanism; − International companies or corporations; − International business companies or corporations; − Exempt companies or corporations; − Protected cell companies or corporations; − Incorporated cell companies or corporations; − International banks, including corporations of similar name; − Offshore banks, including corporations of similar name; − Insurance companies or corporations; − Reinsurance companies or corporations; − Co-operatives; − Credit unions; − Partnerships of all forms including (without limitation) general partnerships, limited partnerships, limited liability partnerships, international partnerships and international business partnerships; − Joint ventures; − Trusts; − Settlements; − Foundations; − Estates of deceased persons; − Funds of all forms; − Branches of any of the entities and arrangements listed here; − Representative offices of any of the entities and arrangements listed here; − Permanent establishments of any of the entities and arrangements listed here; − Multiform Foundation, however described.

2009/02/19
Committee: ECON

Activities of Benoît HAMON related to 2008/0215(CNS)

Reports (1)

Amendments (4)

ParlTrack - 2011-2024