Activities of Liem HOANG NGOC related to 2011/0314(CNS)
Shadow reports (1)
REPORT on the proposal for a Council directive on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (recast) PDF (207 KB) DOC (240 KB)
Amendments (6)
Amendment 14 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Interest or royalty payments arising in a Member State shall be exempt from any taxes imposed on those payments in that Member State, whether by deduction at source or by assessment, provided that the beneficial owner of the interest or royalties is a company of another Member State or a permanent establishment situated in another Member State of a company of a Member State and is effectively subject to tax on the income deriving from those payments in that other Member State at a rate not lower than 70% of the average statutory corporate tax rate applicable in the Member States. Interest or royalty payments shall not be exempted in the Member State in which they arise if the payment is not taxable according to the national tax law to which the beneficial owner is subject to due to a different qualification of the payment (hybrid instruments) or a different qualification of the payer and recipient (hybrid entitites).
Amendment 16 #
Proposal for a directive
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. If it is a taxpayer within the meaning of Article 4.1 of Council Directive on a Common Consolidated Corporate Base.
Amendment 17 #
Proposal for a directive
Article 2 – paragraph 1 – point d – point i
Article 2 – paragraph 1 – point d – point i
(i) the first company has a minimum holding of 1025 % in the capital of the second company, or
Amendment 18 #
Proposal for a directive
Article 2 – paragraph 1 – point d – point ii
Article 2 – paragraph 1 – point d – point ii
(ii) the second company has a minimum holding of 1025 % in the capital of the first company, or
Amendment 19 #
Proposal for a directive
Article 2 – paragraph 1 – point d – point iii
Article 2 – paragraph 1 – point d – point iii
(iii) a third company has a minimum holding of 1025 % both in the capital of the first company and in the capital of the second company.
Amendment 25 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
This Directive shall not affect the application of domestic or agreement- based provisions which go beyond the provisions of this Directive and are designed to eliminate or mitigate the double taxation and double non-taxation of interest and royalties.