Activities of Sven GIEGOLD related to 2020/2046(INI)
Plenary speeches (2)
Implementation of EU requirements for exchange of tax information (debate)
Implementation of EU requirements for exchange of tax information (debate)
Reports (1)
REPORT on the implementation of the EU requirements for exchange of tax information: progress, lessons learnt and obstacles to overcome
Amendments (56)
Amendment 3 #
Motion for a resolution
Recital A
Recital A
A. whereas EU taxpayers held EUR 1.5 trillion offshore in 2016, resulting in an average tax revenue loss of EUR 46 billion in the EU as a result of tax evasion by individuals12 ; _________________conservative estimates of the scale of EU tax revenues lost every year due to corporate tax avoidance alone range from €50-70 billion to almost €160- 190 billion (when including special tax arrangements and tax collection inefficiencies)11a and EU taxpayers held EUR 1.5 trillion offshore in 2016, resulting in an average tax revenue loss of EUR 46 billion in the EU as a result of tax evasion by individuals12 ; _________________ 11aDover et al: ‘Bringing transparency, coordination and convergence to corporate tax policies in the European Union’, Part I of a study for the European Parliamentary Research Service, September 2015 (PE 558.773). 12European Commission, Directorate- General for Taxation and Customs Union, Taxation Papers, Working Paper No 76, ‘Estimating International Tax Evasion by Individuals’, September 2019, https://ec.europa.eu/taxation_customs/sites/ taxation/files/2019-taxation-papers-76.pdf
Amendment 6 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas cooperation between tax administrations has significantly improved at EU level as well as global level over the last years with the aim to better curb against tax evasion, tax avoidance and tax fraud, in particular owing to the G20/OECD Common Reporting Standard approved in 2014;
Amendment 8 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 10 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the Directive 2011/16/EU on Administrative Cooperation (DAC), which entered into application in January 2013 and replaced the Council Directive (77/799/EEC) concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation, laid down the rules and procedures for cooperation between Member States on the exchange of information (EOI) between tax administrations of the Member States, notably the automatic exchange of information (AEOI) on income and assets;
Amendment 11 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
A d. whereas DAC was subsequently amended five times to gradually extend the scope of AEOI to information on financial account and related income (DAC2), advance cross-border rulings (ACBR) and advance price arrangements (APA) (DAC3), Country-by-Country Reports (CbCR) filed by multinational enterprises (DAC4), to provide access by tax authorities to beneficial ownership information as collected under Anti- Money Laundering (AML) rules (DAC5), and finally to extend the scope of AEOI to tax planning cross-border arrangements and introduce mandatory disclosure rules for intermediaries (DAC6);
Amendment 12 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
A e. whereas the provisions for AEOI under DAC1 to DAC4 entered into application between January 2015 and June 2017 and its first impact can be evaluated, while it is too early to assess the impact of the provisions of DAC5 and DAC6 which have only entered into force in January 2018 and July 2020 respectively;
Amendment 13 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
A f. whereas the Commission proposed a further amendment in July 2020 to extend the scope of AEOI to inter alia income earned via digital platforms (DAC7) and announced a further amendment to provide access to information on crypto-assets (DAC8);
Amendment 14 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
A g. whereas the Council has concluded its negotiation on the DAC7 proposal without taking the opinion of the European Parliament into account against the principles of sincere cooperation, and the European Parliament’s role in a consultative process as stated in article 115 TFEU;
Amendment 15 #
Motion for a resolution
Recital A h (new)
Recital A h (new)
A h. whereas a European common market needs common tax rules;
Amendment 23 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas only very limited information is publicly available on the implementation ofDAC1 to DAC4, with almost no quantitative information on the exchange of information concerning CbCRs under DAC4, and quantitative information on the implementation of DAC at Member State level is rare;
Amendment 25 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas available information shows that the EOI under DAC1 and DAC2 provisions for AEOI have increased significantly since the entry into application and that Member States exchanged about 11,000 messages referring to nearly 16 million taxpayers and to income/assets worth over €120 billion under DAC1 provisions between 2015 to mid-2017 and about 4,000 messages covering some 8.3 million accounts with a total value of almost €2,9 trillion under DAC2 as of 2018;
Amendment 28 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the AEOI provisions under DAC3 have led to a significant increase of reported ACBR and APA compared to the period before where they were only shared at rare occasions on a spontaneous basis despite of a legally binding requirement of sharing many ACBRs and APAs since 1977, as 17,652 ACBRs/APAs were reported in 2017 compared to only 2,529 in 2016, 113 in 2015 and 11 in 2014;
Amendment 32 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Commission in total opened 73 infringement procedures related mainly to delays in the transposition of DAC by Member States and two infringement procedures are still ongoing as of January 2021;
Amendment 34 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the OECD created a global standard for the AEOI with its Common Reporting Standard (CRS) in 2014 and more than 100 jurisdictions worldwide have committed to AEOI of financial accounts as of 2021;
Amendment 41 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the exchange of information on income and capital gains from immovable property is undermined by shell companies;
Amendment 43 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas beneficial owners of shares in companies are not being automatically exchanged under the current framework;
Amendment 45 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Amendment 47 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas a well-functioning and effective EOI framework can alleviate budgetary pressures in all Member States;
Amendment 57 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes, however, that some types of income and assets are still excluded from the scope, which presents a risk of circumventing tax obligations; calls on the Commission to assess the need and the most appropriate way to include the following ownership information, items of income and non-financial assets in the automatic exchange of information (AEOI): (a) the beneficial owners of immovable property and companies; (b) capital gains related to immovable property and capital gains related to financial assets, in particular to find ways for tax administrations to be better informed to identify realised capital gains; (c) non- custodial dividend income; (d) non- financial assets such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes; and (e) ownership of yachts and private jets; and (f) accounts at larger peer-to-peer lending, crowdfunding and similar platforms;
Amendment 62 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the effectiveness of DAC1 is seriously constrained by the fact that Member States are only required to report at least two categories of income; calls on the Commission to make it mandatory to report on all categories of income and assets in the scope; calls on Member States to develop effective and accessible registries for the purposes of EOI; notes that such efforts will also benefit domestic tax collection;
Amendment 66 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the definition of reporting Financial Institutions (FIs) and types of accounts that need to be reported in DAC2 involves a risk of circumvention and increased bureaucracy; calls for an assessment by the Commission of the need to extend the reporting obligations to other relevant types of FIs, to reconsider the qualification of closely-held managed Investment Entities as FIs, to review the definition of excluded accounts and to remove the thresholds applicable to pre- existing entity accounts; reminds that with adequate IT systems in place a practice of zero exemptions and zero thresholds can contribute to less bureaucracy; calls on the Commission to introduce the obligation for FIs, where there is no information to report, to file nil returns;
Amendment 71 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that DAC3 contains certain blind spots and might have perverse effects such as tax administrations not disclosing ACBRs if these are too favourable or tax administrations resorting to informal arrangements to avoid exchange; therefore calls for the scope of EOI under DAC3 to be widened to include informal arrangements, not “advance” (e.g. post- transaction agreements or after filing the returns) APAs and ACBRs, natural persons and rulings which are still valid, but which were issued, amended or renewed before 2012; regrets that earlier calls by the European Parliament in this regard have been ignored so far;
Amendment 77 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that bilateral and multilateral APAs are excluded from the EOI under DAC3 where a related international tax agreement does not allow for their disclosure; calls on Member States to renegotiate existing and not agree to any future international tax agreement which do not permit the disclosure of APAs;
Amendment 80 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Regrets that the summary information in the central directory for ACBRs and APAs is often too brief to be used without having to request additional information; calls on the Commission to develop guidelines on what tax administrations should provide as a summary which should include all relevant direct and indirect tax implications such as the effective tax rates;
Amendment 82 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recommends to extend the scope of information provided by MNE that own several entities within the same jurisdiction beyond providing only aggregate-level information;
Amendment 85 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the information exchanged is of limited quality; observes that joint accounts pose certain difficulties to FIs, is concerned that inaccurate or outdated information on tax residency held by FIs and the abuse through multiple residencies may lead to failure to EOI where this would be required; deplores the use of golden visa and passports to circumvent EOI and reiterates its call to phase out all existing schemes; calls on the Commission to extend its infringement proceedings to all Member States offering golden visas; calls for stronger enforcement procedures at Member State level; calls on the Commission to include on the spot visits in Member States and to assess the effectiveness of their monitoring schemes; calls on the Member States to establish a system of quality and completeness checks of DAC data, as well as procedures for the audit of reporting obliged entities regarding the quality and completeness of data sent;
Amendment 93 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recommends to include a marker to signal joint ownership of different account holder to avoid duplicate reporting and to facilitate accurate identification of account balances, in addition, entities could record the ownership share of each account holder and flag when an account is held by owners from different jurisdictions;
Amendment 97 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the current state of the transposition for AMLD4 across Member States12a with the Commission launching infringement procedures against 8 Member States in December 2020 and 3 Member States in February 2021,12b notes that the transposition deadline for these provisions was 27 June 2017; further regrets that for AMLD512c, with a transposition deadline of 10 January 2020, infringement procedures have been launched against 16 Member States12d; _________________ 12aAs of 25 November 2020. See European Commission website Anti- money laundering Directive IV (AMLD IV) – transposition status at https://ec.europa.eu/info/publications/anti -money-laundering-directive-4-transpositi onstatus_en. 12bInformation as of 22 December 2020: Czechia, Denmark, Estonia, Ireland, Italy, Luxembourg, Romania and Slovakia (see European Commission website: https://ec.europa.eu/atwork/applying-eu- law/infringementsproceedings/infringeme nt_decisions/index.cfm?lang_code=EN&t ypeOfSearch=false∾tive_only=1&nonco m=0&r_dossier=&decision_date_from=& decision_date_to=&title=Directive+2015 %2F849⊂mit=Search.) In February 2021 three additional infringement procedures were launched against Germany, Portugal and Romania https://ec.europa.eu/commission/presscor ner/detail/en/inf_21_441. 12c As of 25 November 2020. See European Commission website Anti- money laundering Directive V (AMLD V) – transposition status athttps://ec.europa.eu/info/publications/a nti-money-laundering-directive-5- transpositi onstatus_en. 12dInformation as of 22 December 2020: Austria, Belgium, Cyprus, Czechia, Estonia, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal, Romania, Slovakia, Slovenia and Spain. See European Commission website: https://ec.europa.eu/atwork/applying-eu- law/infringementsproceedings/infringeme nt_decisions/index.cfm?lang_code=EN&t ypeOfSearch=false∾tive_only=1&nonco m=0&r_dossier=&decision_date_from=& decision_date_to=&title=Directive+2015 %2F849⊂mit=Search.
Amendment 98 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Observes with concern that in the most recent assessment of countries’ AML measures carried out by FATF, the 18 Member States included in the assessment12e, did not perform well across key effectiveness indicators, for example, when being ranked on adequately applying AML measures, most Member States in scope were rated as displaying a ‘moderate’ or ‘low’ level of effectiveness, with only Spain being rated as having a ‘substantial’ level of effectiveness, and no Member State attaining a ‘high’ level of effectiveness12f; _________________ 12eBelgium, Cyprus, Greece, Ireland, Italy, Spain Austria, Czechia, Denmark, Latvia, Lithuania, Malta, Slovakia, Slovenia, Finland, Sweden, Portugal and Hungary. 12fFinancial Action Task Force, 4th Round Ratings, November 2020, Austria, Belgium, Cyprus, Czechia, Denmark, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Portugal, Slovakia, Slovenia, Spain and Sweden.
Amendment 100 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Points out that in particular the lack of minimum standards or a common approach for the supervision of AML activities, and the lack of common definitions for beneficial ownership, due diligence and tax crime, have led to significant divergence across Member States;
Amendment 101 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Stresses that in addition to beneficial owners of companies and trusts under AMLD5 there is a need to have information for beneficial owners of real estate properties and life insurance contracts; notes that national registers need to be inter-connected and high- quality data needs to be ensured, in particular real estate registers should be linked with beneficial ownership registries;
Amendment 102 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Notes that beneficial ownership is not determined for individual accounts held through active non-financial entities (NFE), for which only residence of the entity must be reported but not the controlling person; is concerned that this can be misused to conceal real ownership and calls for extending the requirement to establish ownership for active as well as passive NFEs as such a distinguishing line cannot be drawn reliably;
Amendment 103 #
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Welcomes that the Commission’s Action Plan on AML and terrorist financing of May 2020; calls for the creation of an EU AML supervisor; calls for key requirements of the AML Directives to be anchored in a binding regulation;
Amendment 107 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Observes that increasingly complex structures are being used to conceal the ultimate beneficial owners and therefore thwart the effective implementation of AML rules; believes there should be no threshold for reporting the beneficial owners; recalls its view that beneficial ownership of trusts should have the same level of transparency as companies under AMLD5, while ensuring appropriate safeguards;
Amendment 111 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Observes with concern that the 2019 Commission evaluation highlighted that Member States often do not go beyond the minimum requirements of the DAC in exchanging information, and this contributed to the cum-ex/cum-cum tax fraud scandal; observes in particular that Member States did not sufficiently cooperate through appropriate mechanisms such as spontaneous exchange in order to alert other relevant Member States of such schemes; observes further that only as mall minority of Member States has complete information across all six DAC1 income and capital categories available; stresses the need for more effective, complete and frequent exchanges;
Amendment 113 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the Global Forum has recently assessed the legal implementation of the Common Reporting Standard (CRS)14 referred to as DAC2 in the EU, and deplores the fact that 10 Member States are not fully compliant; according to the Global Forum peer review, stresses that Romania does not have the domestic legal framework in place; calls the Commission to closely monitor Member States and launch infringement procedures until all Member States are fully compliant; looks forward to the Global Forum peer review of the practical enforcement of the CRS and calls on the Commission and Member States to prepare diligently for this process; _________________ 14 https://www.oecd- ilibrary.org/docserver/175eeff4- en.pdf?expires=1614245801&id=id&accna me=ocid194994&checksum=C36736F5E5 628939095D507381D7D7C5
Amendment 115 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the sharing of valid taxpayer identification numbers (TINs) is crucial for efficient EOI processes; only Lithuania and Ireland appear to include a TIN, as recognised by the receiving country; notes further that the sharing of valid taxpayer identification numbers (TINs) is crucial for efficient EOI processes; notes that the TINs of corporations should be reported as well, in order to further facilitate the matching of tax relevant information;
Amendment 118 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the requirement in DAC7 to include the TIN of the Member State of residence for DAC1 and DAC2 to improve data matching and identification across Member States, as proper identification of taxpayers is essential to effective EOI between tax administrations; is concerned that large quantities of information are not matched against relevant taxpayers and under- used, leading to shortfalls in taxation;
Amendment 119 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to create a validation tool for TINsin close collaboration with Member States to create a validation tool for TINs; notes that such a validation tool would increase the reporting effectiveness of FIs significantly and as such decrease the compliance costs for these institutions; calls on the Commission tore-explore the creation of a European TIN; calls on the Member States to ensure more systematic analysis of unmatched DAC1 and DAC2 data, and to introduce procedures for the systematic risk analysis of information received;
Amendment 120 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets the fact that information exchanged on request (EOIR) has often been found to be incomplete and required further clarifications; regrets that in the framework of the EOIR authorities often take up to six months and longer to provide information from the date of receipt of the request; notes with regret that there are no time limits for any follow-up exchanges which creates the potential for further delay; calls on the Commission to revise this provision, including for follow-up requests, to no later than 3 months; suggests to grant the Commission the mandate to systematically assess the degree of cooperation from third countries; calls on the Commission to assess indications that EOIR is unsatisfactory with several third countries, including Switzerland;
Amendment 123 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that one Member State, Malta, has received an overall ‘partially compliant’ score in the peer review by the Global Forum for EOIR; regrets the fact that material deficiencies have been identified in 18 Member States15 ; _________________ 15 , meaning the EOIR standard is only partly implemented leading to significant practical effects; notes that 19 Member States are not fully compliant on ‘ownership and identity information’14a; notes that 6 Member States are not fully compliant on ‘accounting information’14b; notes that 5 Member States are not fully compliant on ‘banking information’14c; notes that 7 Member States are not fully compliant on ‘access to information’14d; notes that 3 Member States are not fully compliant on ‘rights and safeguards’14e; notes that 5 Member States are not fully compliant on ‘EOI mechanisms’14f; notes that 3 Member States are not fully compliant on ‘confidentiality’14g; notes that 3 Member States are not fully compliant on ‘rights and safeguards’14h; notes that 9 Member States are not fully compliant on ‘quality and timeliness of responses’14i; notes that in summary only 8 Member States no material deficiencies were identified14j; regrets the fact that material deficiencies have been identified in 18 Member States15; deeply regrets that certain Member States score a low rating on particular issues such as ownership and identity information; calls on Member States to achieve a compliant rating at the next peer review; notes that the underperforming of Member States seriously undermines the EU’s credibility in fighting tax evasion and avoidance internationally; calls the Commission to launch infringement procedures until all Member States are fully compliant; _________________ 14a Estonia, Austria, Hungary, Belgium, Luxembourg, Bulgaria, Croatia, the Netherlands, Cyprus, Poland, Czechia, Portugal, Denmark, Romania, Slovakia, Greece, Germany, Malta and Spain. 14b Croatia, Cyprus, Greece, Slovakia, Spain and Malta. 14c Hungary, Malta, Netherlands, Denmark and Slovakia. 14d Austria, Hungary, Belgium, Latvia, Czechia, Portugal and Slovakia. 14e Hungary, Belgium and Luxembourg. 14f Austria, Latvia, Cyprus, Czechia and Portugal. 14g Belgium, Latvia and Hungary. 14h Hungary, Latvia and Czechia. 14i Italy, Malta, France, Luxembourg, Bulgaria; Portugal, Romania, Greece and Germany. 14j Estonia, Italy, Finland, Lithuania, France, Slovenia, Sweden and Ireland. 15 https://www.europarl.europa.eu/RegData/et udes/STUD/2021/662603/EPRS_STU(202 1)662603_EN.pdf
Amendment 129 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the Commission’s proposal in DAC7 to clarify the standard of “foreseeable relevance” which needs to be met in the context of EOIR and calls on the Commission to produce guidelines to ensure a standardised approach and a more effective use of EOIR provisions;
Amendment 130 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Welcomes that the Commission has made available various tools for Member States to develop and EOI and best practices as well as IT support, mainly through the Fiscalis 2020 programme; stresses the need to further promote the exchange of best practices and develop guidance on the use of information, in particular regarding DAC3 and DAC4;
Amendment 133 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the use of information under the DAC for non-tax matters requires prior authorisation from the sending Member State, which is not always granted although this information could be useful to increase the efficiency of criminal and other investigations; insists that the use of information exchanged under the DAC should always be authorised for purposes other than tax matters where this is allowed under the laws of the receiving Member State;
Amendment 135 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Deplores the weakening by the Council of the Commission’s proposed changes to DAC7 in particular regarding joint audits and group requests; calls on the Council to revise its current position and adopt the Commissions suggested changes as proposed; notes that the number of Group requests is very limited, only five Member States sent one or more group requests in 2017; calls the Commission to prepare a standard group request form and include it in the appropriate implementing regulation15a; _________________ 15aCommission Implementing Regulation (EU) 2015/2378 of 15 December 2015 laying down detailed rules for implementing certain provisions of Council Directive 2011/16/EU on administrative cooperation in the field of taxation and repealing Implementing Regulation (EU) No 1156/2012.
Amendment 140 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern that there is not enough evidence to assess the quality of reporting under DAC1 and DAC2 provisions, due to the fact only few Member States systematically carry out quality checks on the data exchanged under DAC1 and DAC2; notes with great concern that information is underreported, and what is being reported is underused; notes further that little monitoring of the system’s effectiveness takes place; regrets the fact that the data on EOI under DAC provisions, which is publicly available, is insufficient to adequately assess the evolution of information exchanges and their effectiveness;
Amendment 146 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that there is no common EU framework for monitoring the system’s performance and achievements which increases the risk that reported data is incomplete or inaccurate; notes moreover that only few Member States have set up and apply procedures to audit information submitted by Financial Institutions under DAC2;
Amendment 147 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to establish a common framework for measuring the impact and the cost-benefits of the DAC; calls on the Commission to publish annually a summary of the information received by Member State and make the DAC exchanges fully auditable and traceable from origin to use of the data, by including an identifier in every dataset; calls on the Commission to publish annually a summary of the information received by Member States, taking into account taxpayers rights and confidentially; notes that the information communicated to the Commission should not be seen as strictly confidential if the information cannot be attributed to single taxpayers; reiterates that the Commission should be entitled to produce and publish reports and documents, using the information exchanged in an anonymised manner, so as to take into account the taxpayers’ right to confidentiality and incompliance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents;
Amendment 149 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on the Commission to publish anonymised and aggregated country-by-country report statistics on an annual basis for all Member States; calls on Member States to communicate received country-by-country reports to the competent services of the Commission;
Amendment 150 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. CStresses that the 2019 evaluation carried out by the Commission demonstrated the need for consistent monitoring of the effectiveness the DAC framework; calls on the Member States to communicate the statistics, tax revenue gains and all other relevant information to properly assess the effectiveness of all exchanges to the Commission on an annual basis, and, in the case of EOIR, requests that the information provided be disaggregated on a country-by-country basis; calls on the Commission to continue to properly monitor and evaluate the effectiveness of EOI, therefore request a new comprehensive evaluation by January 2023;
Amendment 152 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that tax administrations should fully embrace the digital transformation and its potential to lead to a more efficient allocation of information and reduce compliance costs and unnecessary bureaucracy; emphasises that this needs to be accompanied by an increase of financial, human and IT resources for tax administrations;
Amendment 155 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Acknowledges that DAC provisions are largely coherent with, the OECD CRS and have strong overlap but also important differences the US Foreign Account Tax Compliance Act (FATCA);
Amendment 157 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the lack of reciprocity under the Foreign Account Tax Compliance Act; calls on the Commission and the Member States to enter into new negotiations with the United States in the OECD framework in order to achieve full reciprocity in a commonly agreed and strengthened CRS frameworkobserves that the United States is becoming a significant enabler of financial secrecy for non-US citizens; observes two main loopholes, only information from US assets is shared and no beneficial ownership information is being shared; calls on the Commission and the Member States to enter into new negotiations with the United States in the OECD framework in order to achieve full reciprocity in a commonly agreed and strengthened CRS framework; stresses that this would lead to significant progress and lead to lower compliance costs for FIs and significantly reduced bureaucratic burdens; calls on the European Commission and the Member States to enter into negotiations for a UN Tax Convention;
Amendment 159 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Observes the possible frictions between the DAC framework and Regulations (EU) 2016/679 and (EU) 2018/1725; stresses that the data processing provided for in DAC provisions has the sole objective of serving the general public interest in the field of taxation, namely, curbing tax fraud, tax avoidance and tax evasion, safeguarding tax revenues, and promoting fair taxation, in the Member States;
Amendment 160 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Support the Council’s invitation to the Commission to analyse to what extend it would be feasible to further align the scope of tools available for tax authorities under Council Directive 2011/16/EU with specific provisions of Council Regulation (EU) No 904/2010;
Amendment 161 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21 c. Urges the Commission to come forward with a comprehensive revision of the DAC framework as soon as possible, based on the European Parliament’s proposals; strongly invites the Commission and the Council to exchange views with the Parliament on the matter; regrets the repeated occurrence of Council decisions weakening the Commission’s proposals to strengthen the DAC framework;