Activities of Dariusz ROSATI related to 2016/0107(COD)
Plenary speeches (2)
Disclosure of income tax information by certain undertakings and branches (debate)
Disclosure of income tax information by certain undertakings and branches (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches PDF (826 KB) DOC (139 KB)
Amendments (21)
Amendment 35 #
Draft legislative resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the OECD Action Plan on Base Erosion and Profit Shifting (BEPS),
Amendment 60 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) The Union by an unprecedented introduction on public country-by-country reporting has demonstrated that it would become a global leader in the fight against tax avoidance.
Amendment 62 #
Proposal for a directive
Recital 4 c (new)
Recital 4 c (new)
(4c) Whereas effective fight against tax evasion, tax avoidance and aggressive tax planning can only be successful with joint action on international level, the Union, while continuing to be a global leader in this struggle, must coordinate its actions with international actors, for instance in the OECD framework. Unilateral actions, even if very ambitious, do not have real chance of being successful, while at the same time they put at risk the competitiveness of European companies and harm the Union’s investment climate.
Amendment 66 #
Proposal for a directive
Recital 5
Recital 5
(5) Enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the Union is an essential element to further foster corporate responsibility, to contribute to the welfare through taxes, to promote fairer tax competition within the Union through a better informed public debate and to restore public trust in the fairness of the national tax systems. Such public scrutiny can be achieved by means of a report on income tax information, irrespective of where the ultimate parent undertaking of the multinational group is established. This, however, has to be conducted without harming the investment climate in the EU as well as the competitiveness of companies, especially European SMEs and mid-caps.
Amendment 84 #
Proposal for a directive
Recital 8
Recital 8
(8) The report on income tax information should provide information concerning all the activities of an undertaking or of all the affiliated undertakings of a group controlled by an ultimate parent undertaking. The information should be based onconnected to but not exceed the reporting specifications of BEPS’ Action 13 - which relates to the information exchanged between tax authorities - and should be exclusively limited to what is necessary to enable effective public scrutiny, in order to ensure that disclosure does not give rise to disproportionate risks or disadvantages. The report should also include a brief description of the nature of the activities. Such description might be based on the categorisation provided for in table 2 of the Annex III of Chapter V of the OECD “Transfer Pricing Guidelines on Documentation”. The report should include an overall narrative providing explanations in case of material discrepancies at group level between the amounts of taxes accrued and the amounts of taxes paid, taking into account corresponding amounts concerning previous financial years.
Amendment 95 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each Member State, without harming the companies' competitiveness, the information should be broken down by Member State. Moreover, information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges. For all other third country operations, the information should be given in an aggregate number.
Amendment 101 #
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that cases of non- compliance are disclosed to the public, statutory auditor(s) or audit firm(s) should checkstate whether the report on income tax information has been submitted and presented in accordance with the requirements of this Directive and made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking within the time limits provided for in this Directive.
Amendment 105 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to determine certain tax jurisdictions for which a high level of detail should be shown, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of drawing upcreating a common Union list of these tax jurisdictions. This list should be drawn up on the basis of certain criteria, identified on the basis of Annex 1 of the Communication from the Commission to the European Parliament and Council on an External Strategy for Effective Taxation (COM(2016) 24 final). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making as approved by the European Parliament, the Council and the Commission and pending formal signature. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. That list should later be updated on a regular basis, while basing it on criteria that have been previously approved.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Member States shall require ultimate parent undertakings governed by their national laws and havingwhich on their balance sheet in a financial year have or exceed a consolidated net turnover exceedingof EUR 750 000 000 as well as undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding EUR 750 000 000 to draw up and, publish and make accessible for free a report on income tax information on an annual basis.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
The report on income tax information shall be made accessible to the public for free in a common template on the website of the undertaking on the date of its publication in at least one of the official languages of the European Union.
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2 a (new)
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2 a (new)
Member States shall not apply the rules set out in this paragraph to non-affiliated undertakings, ultimate parent undertakings and their affiliated undertakings where such undertakings operate only within the territory of one single Member State and in no other tax jurisdiction.
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 1
Member States shall require the medium- sized and large subsidiary undertakings referred to in Article 3(3) and (4) which are governed by their national laws and controlled by an ultimate parent undertaking which haon their balance sheet in a financial year has or exceeds a consolidated net turnover exceedingof EUR 750 000 000 and which is not governed by the law of a Member State, to publish theand make accessible for free a report on income tax information of that ultimate parent undertaking on an annual basis. to the extent that the information is available to the subsidiary undertaking. If the information is not available, the subsidiary shall request it from the parent company. If the requested information is not provided to the subsidiary undertaking, it shall prove to the Member State that it has taken steps to receive the information and that it was refused the information. In the event that the information is not provided, the report shall contain an explanation as to why this is the case. In the event that the subsidiary undertaking exceeds the threshold set out in paragraph 1, it shall publish its own report on income tax information.
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 2
The report on income tax information shall be made accessible to the public for free and in a common template on the date of its publication on the website of the subsidiary undertaking or on the website of an affiliated undertaking in at least one of the official languages of the European Union.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 1
Member States shall require branches which are opened in their territories by an undertaking which is not governed by the law of a Member State to publish and make accessible for free on an annual basis the report on income tax information of the ultimate parent undertaking referred to in point (a) of this paragraph 5 of this Article.
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
The report on income tax information shall be made accessible to the public for free and in a common template on the date of its publication on the website of the branch or on the website of an affiliated undertaking in at least one of the official languages of the European Union.
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 5 – point a
Chapter 10 a – Article 48 b – paragraph 5 – point a
(a) the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a Member State and which on its balance sheets has a consolidated net turnover exceeding EUR 750 000 000 in a financial year or an undertaking that is not an affiliated and which has a net turnover exceeding EUR 750 000 000 in a financial year;
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – introductory part
Chapter 10 a – Article 48 c – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be presented in a common EU template and shall comprise the following:
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point g
Chapter 10 a – Article 48 c – paragraph 2 – point g
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
The report shall present the information referred to in paragraph 2 separately for each Member State. WhereEven if a Member State comprises several tax jurisdictions, the information shall be combinedpresented jointly on at Member State level.
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 3
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 3
The report shall present the information referred to in paragraph 2 on an aggregated basis for each other tax jurisdictions throughout the world.
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 5
Chapter 10 a – Article 48 c – paragraph 5
5. The report on income tax information shall be published in a common EU template and made accessible for free on the website in at least one of the official languages of the Union.