BETA

Activities of Ivo STREJČEK related to 2011/0058(CNS)

Plenary speeches (1)

2016/11/22
Dossiers: 2011/0058(CNS)

Shadow reports (1)

2016/11/22
Committee: ECON
Dossiers: 2011/0058(CNS)
Documents: PDF(373 KB) DOC(550 KB)

Amendments (21)

Proposal for a directive
Title 1

Proposal for a COUNCIL DIRECTIVE on an Optional Common Consolidated Corporate Tax Base (OCCCTB)

2011/12/12
Committee: ECON

Proposal for a directive
Recital 1

(1) CThe existence of 27 national corporate tax systems in the EU is in agreement with the principle of subsidiarity and Member States’ sovereignty in the area of direct taxes, including corporate tax base and rate(s). However, some companies which seek to do business across frontiers within the Union may encounter serious obstacles and market distortions owing to the existence of 27 diverse corporate tax systems. These obstacles and distortions may in specific circumstances impede the proper functioning of the ~~internal~~EU Single market. They may create disincentives for investment in the Union and run counter to the priorities set in the Communication adopted by the Commission on 3 March 2010 entitled Europe 2020 – A strategy for smart, sustainable and inclusive growth7. They may also conflict with the requirements of a highly competitive ~~social~~Single market ~~economy~~.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 1 a (new)

(1 a) This Directive contains a radically new approach to an essential component of corporate taxation for which the Lisbon Treaty does not lay down for Member States the obligation to harmonise. A thorough analysis based on an independent impact assessment should therefore be executed before this Directive is implemented in the EU. A pilot project conducted in a volunteering Member State should also be considered in order to better asses the practical impact of this Directive on tax collection and revenue as well as fight against tax evasion, tax fraud and double taxation.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 2

(2) Tax obstacles ~~to cross-border business ar~~may be particularly severe for small and medium enterprises~~, which~~ (SMEs) engaged in cross-border business as SMEs commonly lack the resources to resolve market inefficiencies.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 3

(3) The network of double taxation conventions between Member States ~~does not offer an appropriate soluti~~is a step in the right direction, but more should be done to efficiently fight against double taxation. In agreement with the provisions of the Lisbon. Treaty, the existing Union legislation on corporate tax issues addresses only a small number of specific problems because the Union unlike Member States does not have broad competence in the area of direct taxes in general, and corporate tax base and rate(s) in particular.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 4

(4) A system allowing interested companies to treat the Union as a single market for the purpose of corporate tax ~~would~~may facilitate cross-border activity for companies resident in the Union and ~~would~~may promote the objective of making the Union a more competitive location for investment internationally. Such a system would best be achieved by enabling interested groups of companies with a taxable presence in more than one Member State to settle their tax affairs in the Union according to a single set of rules for calculation of the tax base and to deal with a single tax administration (‘one-stop-shop’). These rules should also be made available to interested entities subject to corporate tax in the Union which do not form part of a group.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 4 a (new)

(4 a) The broad tax base, the consolidation and the sovereignty of the Member States with regard to their national corporate taxation rates make the proposed tax system a viable one only if it is kept optional for all EU Member States as well as all companies operating in the Union. The Optional Common Consolidated Tax Base (OCCCTB) should therefore only apply to those Member States that would freely decide to implement this Directive and those companies operating cross-border that would freely select this tax system.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 5

(5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Optional Common Consolidated Corporate Tax Base (OCCCTB)) need not affect the ~~discretion~~sovereignty of Member States regarding their national tax rate(s), particularly rate(s) of company taxation.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 6

(6) Consolidation is an essential element of such a system, since the major tax obstacles faced by companies of the same group that operate cross-border in the Union can be tackled only in that way. It eliminates transfer pricing formalities and intra-group double taxation. Moreover, losses incurred by taxpayers are automatically offset against profits generated by other members of the same group.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 8

(8) Since such a system is primarily designed to serve the needs of companies that operate across borders, it should be an optional scheme for both companies and Member States of the EU, accompanying the existing national corporate tax systems.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 9

(9) The system (the Optional Common Consolidated Corporate Tax Base (OCCCTB)) should consist in a set of common rules for computing the tax base of companies without prejudice to the rules laid down in Council Directives 78/660/EEC and 83/349/EEC and Regulation of the European Parliament and of the Council 1606/2002/EC.

2011/12/12
Committee: ECON

Proposal for a directive
Recital 9 a (new)

(9 a) In so far as the use of the OCCCTB would affect the tax revenue of regional or local authorities, Member States must retain the right to take measures to remedy this in accordance with their national, regional and local tax laws and legislations. This Directive shall not impede in any way on the sovereignty of EU Member States, and where applicable regional or local authorities, in the area of direct taxation, especially with respect to the corporate tax base and rate(s).

2011/12/12
Committee: ECON

Proposal for a directive
Recital 25 a (new)

(25 a) On the basis of the review clause, a thorough analysis on the impact of this Directive should be conducted by an independent body before the Council adopts a decision on the eventual extension or repeal of this Directive. The analysis should especially include an examination of the following points: the need to keep the Directive in force or to repeal it, the optional character of the common consolidated tax base (OCCCTB), the restriction of harmonisation to the tax base, the apportionment formula, the considerations of practicality for SMEs, and the Directive’s impact on tax collection and revenue in those EU Member States that decided freely to transpose it in their national legislation, and the fight against tax evasion, tax fraud and double taxation.

2011/12/12
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1

This Directive establishes an optional system for a common base for the taxation of certain companies and groups of companies and lays down rules relating to the calculation and use of that base.

2011/12/12
Committee: ECON

Proposal for a directive
Article 2 – paragraph 1 – introductory part

1. This Directive shall apply to companies which freely select it and are established under the laws of a Member State where both of the following conditions are met:

2011/12/12
Committee: ECON

Proposal for a directive
Article 2 – paragraph 2 – introductory part

2. This Directive shall apply to companies that freely select it and are established under the laws of a third country where both of the following conditions are met:

2011/12/12
Committee: ECON

Proposal for a directive
Article 80 – paragraph 1

AProven ‘artificial’ transactions carried out for the ~~sole~~ purpose of avoiding taxation by illegal means shall be ignored for the purposes of calculating the tax base.

2011/12/12
Committee: ECON

Proposal for a directive
Article 133 – paragraph 1

TDrawing on the results of the independent impact assessment and eventual pilot project that should be conducted before this Directive enters into force in the EU for the first time, and based on the conclusions of the subsequent analysis foreseen by the review clause built in this Directive, the Commission shall, five years after the first entry into force of this Directive, review its application and report to the Council on the operation of this Directive~~. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States.~~ in those Member States that implemented it on an optional basis, before Council decides on the eventual extension or repeal of this Directive. The Commission’s report to Council shall especially include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States, the use of this instrument by, and its practicality for, SMEs that voluntarily opted for it as well as the Directive’s impact on tax collection and revenue in those EU Member States that decided freely to transpose it in their national legislation, and the fight against tax evasion, tax fraud and double taxation.

2011/12/12
Committee: ECON

Proposal for a directive
Article 134 – paragraph 1 – subparagraph 1

Member States that freely decide to transpose this Directive shall adopt and publish, by [date] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

2011/12/12
Committee: ECON

Proposal for a directive
Article 135 – title

EOptional entry into force

2011/12/12
Committee: ECON

Proposal for a directive
Article 135 – paragraph 1

This Directive shall enter into force in those Member States that freely decide to transpose it on the […] day following that of its publication in the Official Journal of the European Union.

2011/12/12
Committee: ECON