5 Amendments of Neena GILL related to 2016/0011(CNS)
Amendment 56 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Given that 'tax havens' can be classified as transparent by the OECD, proposals should be brought forward to increase the transparency of trust funds and foundations.
Amendment 62 #
Proposal for a directive
Recital 5
Recital 5
(5) It is necessary to lay down rules against the erosion of tax bases in the internal market and the shifting of profits out of the internal market. Rules in the following areas are necessary in order to contribute to achieving that objective: limitations to the deductibility of interest, exit taxation, a switch-over clause, a general anti-abuse rule, controlled foreign company rules and a framework to tackle hybrid mismatches. Where the application of those rules gives rise to double taxation, taxpayers should receive relief through a deduction for the tax paid in another Member State or third country, as the case may be. Thus, the rules should not only aim to counter tax avoidance practices but also avoid creating other obstacles to the market, such as double taxation. To get correct application of these rules, tax authorities in Member States must be properly resourced.
Amendment 75 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Too often, multinational companies make arrangements to transfer their profits to tax havens without paying any tax. The concept of permanent establishment will provide a precise, binding definition of the criteria which must be met if a multinational company is to prove that it is situated in a given country. This will force multinational companies to pay their taxes directly. Companies which fail to comply with the proposals outlined in this Directive will be subject to monetary sanctions.
Amendment 84 #
Proposal for a directive
Recital 9
Recital 9
(9) General anti-abuse rules (GAARs) feature in tax systems to tackle abusive tax practices that have not yet been dealt with through specifically targeted provisions. GAARs have therefore a function aimed to fill in gaps, which should not affect the applicability of specific anti-abuse rules. Within the Union, the application of GAARs should be limited to arrangements that are ‘wholly artificial’ (non-genuine); otherwise, the taxpayer should have the right to choose the most tax efficient structure for its commercial affairs. It is furthermore important to ensure that the GAARs apply in domestic situations, within the Union and vis-à-vis third countries in a uniform manner, so that their scope and results of application in domestic and cross-border situations do not differ. In order to properly tackle the potential conflicts of interests audit companies are exposed to when giving tax advice, Regulation (EU) No 537/2014 of the European Parliament and of the Council of should be amended.
Amendment 99 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The funding of Member State tax authorities should be investigated to determine if they are properly equipped to conduct investigations. In light of the results of such investigations, the Commission could propose strong country specific recommendations under the EU Semester to ensure that tax authorities are sufficiently financed.