Activities of Sajjad KARIM related to 2016/0107(COD)
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 (11)
Amendment 76 #
Proposal for a directive
Recital 6
Recital 6
(6) The public should be able to scrutinise all the activities of a group when the group has certain establishments within the Union. For groups which carry out activities within the Union only through subsidiary undertakings or branches, subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking to the extent that the requested information is available to the subsidiary or branch. If the subsidiary or branch does not have all the requested information it should request its ultimate parent undertaking to provide it with all the information required to enable it to meet its obligation. If the information is not provided, the subsidiary or branch should publish and make accessible a report on itself and the undertakings and branches it controls containing all information in its possession, obtained or acquired, and identify whether information on the ultimate parent undertaking is provided. However for reasons of proportionality and effectiveness, the obligation to publish and make accessible the report should be limited to medium-sized or large subsidiaries established in the Union, or branches of a comparable size opened in a Member State. The scope of Directive 2013/34/EU should therefore be extended accordingly to branches opened in a Member State by an undertaking which is established outside the Union.
Amendment 97 #
Proposal for a directive
Recital 10
Recital 10
(10) In order to strengthen responsibility vis-áà-vis third parties and to ensure appropriate governance, the members of the administrative, management and supervisory bodies of the ultimate parent undertaking or non-affiliated undertaking which isare established within the Union and which hasve the obligation to draw up, publish and make accessible the report on income tax information, should be collectively responsible for ensuring the compliance with these reporting obligations. Given that members of the administrative, management and supervisory bodies of the subsidiaries which are established within the Union and which are controlled by an ultimate parent undertaking established outside the Union or the person(s) in charge of carrying out the disclosures formalities for the branch may have limited knowledge of the content of the report on income taxability to obtain such information prepared byfrom their ultimate parent undertaking or non-affiliated undertaking, their responsibility to publish and make accessible the report on income tax information should be limited.
Amendment 100 #
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that cases of non- compliance are disclosed to the public, Member States may use a statutory auditor(s) or audit firm(s) shouldto check 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.
Amendment 119 #
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 having a consolidated net turnover exceeding EUR 750 000 000 (or equivalent in domestic currency), 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 a report on income tax information on an annual basis.
Amendment 138 #
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 Sstates shall require the medium- sized and large subsidiary undertakings referred to in Article 3(3) and (4) whichthat are governed by their national laws and controlled by an ultimate parent undertaking which has a consolidated net turnover exceeding EUR 750 000 000 (or equivalent in domestic currency), and which is not governed by the law of a Member State, to publish thea report on income tax information of that ultimate parent undertaking on an annual basis. as regards the next financial year, to the extent the information is available to the subsidiary undertaking. When the information is not available, the subsidiary undertaking shall request its ultimate parent undertaking not governed by the law of a Member State to provide it with all the information required to enable it to meet its obligation. If despite that the information is not provided, the subsidiary shall publish a report on itself and the undertakings and branches it controls. The report shall identify whether income tax information on the ultimate parent undertaking is provided.
Amendment 146 #
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 on an annual basis thea report on income tax information of the ultimate parent undertaking or the non-affiliated undertaking referred to in point (a) of paragraph 5 of this Article. as regards the next financial year, if the information is available to the person(s) designated to carry out the disclosure formalities referred to in Article 48e(2). When the information is not available, such person(s) shall request the ultimate parent undertaking not governed by the law of a Member State or the non-affiliated undertaking referred to in point (a) of paragraph 5 of this Article to provide all information required to meet their obligations. If despite that the information is not provided, the report shall contain information on the undertaking that has the branch and the undertakings and branches it controls. The report shall identify whether income tax information on the ultimate parent undertaking or the non-affiliated undertaking is provided.
Amendment 159 #
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 has a consolidated net turnover exceeding EUR 750 000 000 or an undertaking that is not an affiliated and which has a net turnover exceeding EUR 750 000 000 (or equivalent in domestic currency);
Amendment 163 #
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 6
Chapter 10 a – Article 48 b – paragraph 6
6. Member States shall not apply the rules set out in paragraphs 3 and 4 of this Article where a report on income tax information is drawn up in accordance manner that is consistent with Article 48c and: a. is made accessible: (i) to the public on the website of the ultimate parent undertaking or the non- affiliated undertaking not governed by the law of a Member State within a reasonable period of time, which shall not exceed, or an affiliated undertaking of the group controlled by the ultimate parent undertaking; (ii) in at least one of the official languages of the Union; (iii) within 12 months after the balance sheet date and where the report identifiesof the financial year for which the report is drawn up; and b. the name and registered office of the single subsidiary undertaking or the name and the address of the single branch governed by the law of a Member State which has published the report in accordance with Article 48d(1)made accessible the report is identified and named.
Amendment 236 #
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 d – paragraph 1
Chapter 10 a – Article 48 d – paragraph 1
Amendment 246 #
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 f – paragraph 1
Chapter 10 a – Article 48 f – paragraph 1
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Publications Office - set the date = onetwo years after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.