Awaiting final decision
2011/0058(CNS) Common Consolidated Corporate Tax Base (CCCTB)
Lead committee dossier: ECON/7/05678
Legal Basis TFEU 115
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ECON | THYSSEN Marianne (PPE) | HOANG NGOC Liem (S&D), GOULARD Sylvie (ALDE), LAMBERTS Philippe (Verts/ALE), STREJČEK Ivo (ECR), HÄNDEL Thomas (GUE/NGL) |
| Opinion | IMCO | SCHMIDT Olle (ALDE) | |
| Opinion | JURI | MAŠTÁLKA Jiří (GUE/NGL) |
Legal Basis TFEU 115
Activites
- #3435
- 2015/12/08 Council Meeting
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2012/04/19
Results of vote in Parliament
- Results of vote in Parliament
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T7-0135/2012
summary
The European Parliament adopted by 452 votes to 172, with 36 abstentions, in the framework of a special legislative procedure (Parliament’s consultation), a legislative resolution on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB). Parliament recommends amending the proposal as follows: Internal market and employment: the resolution states that the introduction of a CCCTB should improve growth and lead to more jobs in the Union by reducing the administrative costs and red tape for companies, particularly for small businesses operating in several Member States. Member consider that it is desirable that the CCCTB is applied as soon as possible to as many companies aspossible. Tax neutrality: the broad tax base, the consolidation and the discretionary powers of the Member States with regard to their national corporate taxation rates make the CCCTB a tax-neutral operation. Mandatory system after a transition period: European Companies and European Cooperative Societies, which are, by definition, transnational, are considered to have opted to apply this Directive from two years after its date of application. All other companies that qualify under this Directive, except for micro, small and medium-sized enterprises, as defined in Commission Recommendation 2003/361/EC, should also apply this Directive not later than five years after its date of application. When evaluating the impact of the CCCTB, the Commission should examine whether it should also be made mandatory for such micro, small and medium-sized enterprises. By two years after the entry into force of this Directive, the Commission shall provide a tool enabling SMEs engaged in cross-border activities to opt into the CCCTB scheme on a voluntary basis. Enhanced cooperation: as the internal market encompasses all Member States, a Common Consolidated Corporate Tax Base (CCCTB) should be introduced in all Member States. However, if the Council fails to adopt a unanimous decision on the proposal to establish a CCCTB, it is appropriate to initiate without delay the procedure for a Council decision authorising enhanced cooperation in the area of the CCCTB. Such enhanced cooperation should be initiated by the Member States whose currency is the euro but should be open at any time to other Member States in accordance with the Treaty on the Functioning of the European Union. Deductible charges: Parliament considers that recurring costs relating to environmental protection and reduction of carbon emissions shall also be regarded as deductible expenses. Excise duties imposed on energy products, alcohol and alcoholic beverages, and manufactured tobacco should be considered as non deductible charges. Insurance undertakings: a Member State which, pursuant to Article 62 of Directive 91/674/EEC, has opted to introduce a commercial law requirement to constitute equalisation provisions must also make such provisions tax deductible. Pre-entry losses: where a taxpayer incurred losses before opting into the system provided for by this Directive which could be carried forward under the applicable national law but had not yet been set off against taxable profits, those losses may be deducted from the part of the tax base taxed in the Member State of the previously applicable national law to the extent provided for under that national law. Switch-over clause: the proposed Directive stipulates that the following shall be exempt from corporate tax: the profit distributions, the entity the shares in which are disposed of or the permanent establishment were subject, in the entity’s country of residence or the country in which the permanent establishment is situated, to the following: a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than 70% of the average statutory corporate tax rate applicable in the Member States. General anti-abuse rules: Parliament considers that artificial transactions carried out mainly for the purpose of avoiding taxation shall be ignored for the purposes of calculating the tax base. Apportionment of the consolidated tax base: Members state that a formula where sales, labour and assets are weighted at 10%, 45% and 45% respectively would in two ways be a more reasonable solution. It would make sure that the CCCTB system does not deviate too much from the internationally accepted principle of attributing ultimate taxing rights to the source state. It would also ensure that small and medium-sized Member States with limited domestic markets are not disproportionately disadvantaged in the apportionment of the tax base. Content of tax return: the uniform tax return format shall be designed by the Commission in cooperation with the tax administrations of the Member States. Audits: an audit may also be initiated on the request of a competent authority in the Member State where the group member is established. CCCTB Forum: Parliament calls on the Commission to initiate a new CCCTB forum, similar to the Joint Transfer Pricing Forum, to which companies and Member States can address issues and disputes relating to the CCCTB and which shall provide guidance. Assessment: any future assessment of the instrument should be communicated to the members of the competent committee of the European Parliament. The Commission shall, five years after the entry into force of this Directive, review its application and report to the European Parliament and to the Council on the operation of this Directive. The report shall among other things include an analysis, based on an independent assessment, of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States and the impact on their tax revenues; the use and practicability of this Directive by SMEs; the advantages and disadvantages of making the system mandatory for SMEs; the socio-economic implications of this Directive, including the impact on the global operations of companies and on the competitiveness of eligible and non-eligible companies; the impact on a fair and just tax collection in the Member States; the advantages and disadvantages of introducing minimum tax rates. Where appropriate, the Commission shall make a proposal for amending this Directive at the latest by 2020. By two years after the entry into force of this Directive, the Commission shall present a report to the European Parliament and the Council on the potential consequences of this directive on the internal market with particular regard to possible distortions of competition between companies subject to the arrangements laid down in this directive and those not fulfilling the consolidation criteria.
- 2012/04/18 Debate in Parliament
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2012/03/29
Committee report tabled for plenary, 1st reading/single reading
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A7-0080/2012
summary
The Committee on Economic and Monetary Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report drafted by Marianne THYSSEN (EPP, BE) on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB). The committee amended the proposal as follows: Internal market and employment: the report states that the introduction of a CCCTB should improve growth and lead to more jobs in the Union by reducing the administrative costs and red tape for companies, particularly for small businesses operating in several Member States. Enhanced cooperation: as the internal market encompasses all Member States, a Common Consolidated Corporate Tax Base (CCCTB) should be introduced in all Member States. However, if the Council fails to adopt a unanimous decision on the proposal to establish a CCCTB, it is appropriate to initiate without delay the procedure for a Council decision authorising enhanced cooperation in the area of the CCCTB. Such enhanced cooperation should be initiated by the Member States whose currency is the euro but should be open at any time to other Member States in accordance with the Treaty on the Functioning of the European Union. Tax neutrality: the broad tax base, the consolidation and the discretionary powers of the Member States with regard to their national corporate taxation rates make the CCCTB a tax-neutral operation. Option system established by the Directive: European Companies and European Cooperative Societies: these are by definition, transnational, are considered to have opted to apply the system provided for by this Directive from two years after the date on which the Member States apply the provisions of this Directive. All other companies that qualify under this Directive, except for micro, small and medium-sized enterprises, as defined in Commission Recommendation 2003/361/EC (SMEs), should also apply this Directive not later than by the end of the fifth year on which the Member States apply this Directive. By two years after the entry into force of this Directive, the Commission shall provide a tool enabling SMEs active on a cross-border basis to opt into the CCCTB scheme on a voluntary basis. Deductible charges: Members consider that recurring costs relating to environmental protection and reduction of carbon emissions shall also be regarded as deductible expenses. Excise duties imposed on energy products, alcohol and alcoholic beverages, and manufactured tobacco should be considered as non deductible charges. Insurance undertakings: a Member State which, pursuant to Article 62 of Directive 91/674/EEC, has opted to introduce a commercial law requirement to constitute equalisation provisions must also make such provisions tax deductible. Pre-entry losses: where a taxpayer incurred losses before opting into the system provided for by this Directive which could be carried forward under the applicable national law but had not yet been set off against taxable profits, those losses may be deducted from the part of the tax base taxed in the Member State of the previously applicable national law to the extent provided for under that national law. Switch-over clause: the proposed Directive stipulates that the following shall be exempt from corporate tax: the profit distributions, the entity the shares in which are disposed of or the permanent establishment were subject, in the entity’s country of residence or the country in which the permanent establishment is situated, to the following: a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than 70% of the average statutory corporate tax rate applicable in the Member States. General anti-abuse rules: Members consider that artificial transactions carried out mainly for the purpose of avoiding taxation shall be ignored for the purposes of calculating the tax base. Apportionment of the consolidated tax base: Members state that a formula where sales, labour and assets are weighted at 10%, 45% and 45% respectively would in two ways be a more reasonable solution. It would make sure that the CCCTB system does not deviate too much from the internationally accepted principle of attributing ultimate taxing rights to the source state. It would also ensure that small and medium-sized Member States with limited domestic markets are not disproportionately disadvantaged in the apportionment of the tax base. Content of tax return: the uniform tax return format shall be designed by the Commission in cooperation with the tax administrations of the Member States. Audits: an audit may also be initiated on the request of a competent authority in the Member State where the group member is established. CCCTB Forum: Members call on the Commission to initiate a new CCCTB forum, similar to the Joint Transfer Pricing Forum, to which companies and Member States can address issues and disputes relating to the CCCTB and which shall provide guidance. Assessment: any future assessment of the instrument should be communicated to the members of the competent committee of the European Parliament. The Commission shall, five years after the entry into force of this Directive, review its application and report to the European Parliament and to the Council on the operation of this Directive. The report shall among other things include an analysis, based on an independent assessment, of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States and the impact on their tax revenues; the use and practicability of this Directive by SMEs; the advantages and disadvantages of making the system mandatory for SMEs; the socio-economic implications of this Directive, including the impact on the global operations of companies and on the competitiveness of eligible and non-eligible companies; the impact on a fair and just tax collection in the Member States; the advantages and disadvantages of introducing minimum tax rates. Where appropriate, the Commission shall make a proposal for amending this Directive at the latest by 2020. By two years after the entry into force of this Directive, the Commission shall present a report to the European Parliament and the Council on the potential consequences of this directive on the internal market with particular regard to possible distortions of competition between companies subject to the arrangements laid down in this directive and those not fulfilling the consolidation criteria.
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A7-0080/2012
summary
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2012/03/21
Vote in committee, 1st reading/single reading
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2011/04/07
Committee referral announced in Parliament, 1st reading/single reading
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2011/03/16
Legislative proposal published
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COM(2011)0121
summary
PURPOSE: to establish a system for a common base for the taxation of certain companies and groups of companies and lays down rules relating to the calculation and use of that base.PROPOSED ACT: Council Directive.BACKGROUND: Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence of 27 diverse corporate tax systems. These obstacles and distortions impede the proper functioning of the internal market. They create disincentives for investment in the Union and run counter to the priorities set in the Europe 2020. Tax obstacles to cross-border business are particularly severe for small and medium enterprises, which commonly lack the resources to resolve market inefficiencies. A key obstacle in the single market today involves the high cost of complying with transfer pricing formalities using the arm's length approach. Furthermore, the way that closely-integrated groups tend to organise themselves strongly indicates that transaction-by-transaction pricing based on the 'arm's length' principle may no longer be the most appropriate method for profit allocation. The possibility of cross-border loss offsets is only made possible in a limited number of circumstances within the EU, which leads to over-taxation for companies engaged in cross-border activities.In addition, the network of Double Tax Conventions (DTCs) does not offer an appropriate solution for the elimination of double taxation in the single market, as it is designed to operate in a bilateral context at the international level, rather than within a closely integrated setting. The Common Consolidated Corporate Tax Base (CCCTB) is an important initiative on the path towards removing obstacles to the completion of the Single Market and was identified in the Annual Growth Survey as a growth-enhancing initiative to be frontloaded to stimulate growth and job creation.IMPACT ASSESSMENT : the Commission considers 4 main policy scenarios, which are compared with the 'no action' or 'status-quo' scenario (option 1): an optional Common Corporate Tax Base (optional CCTB) (option 2) ; a compulsory Common Corporate Tax Base (compulsory CCTB) (option 3);an optional Common Consolidated Corporate Tax Base (optional CCCTB) (option 4);a compulsory Common Consolidated Corporate Tax Base (compulsory CCCTB) (option 5). The economic results of the impact assessment show that the removal of the identified corporate tax obstacles would allow business to make sounder economic choices and thus improve the overall efficiency of the economy. The optional CCCTB is preferable for two main reasons (i) the estimated impact on employment is more favourable and (ii) the enforced change by every single company in the Union to a new method of calculating its tax base (regardless of whether it operates in more that one Member State) is avoided. CONTENT: it is proposed to establish a CCCTB which is a system of common rules for computing the tax base of companies which are tax resident in the EU and of EU-located branches of third-country companies. Specifically, the common fiscal framework provides for rules to compute each company’s (or branch's) individual tax results, the consolidation of those results, when there are other group members, and the apportionment of the consolidated tax base to each eligible Member State. The CCCTB will be available for all companies whatever their size. The system is optional. Since not all businesses trade across the border, the CCCTB will not force companies not planning to expand beyond their national territory to bear the cost of shifting to a new tax system. The common approach proposed would ensure consistency in the national tax systems but would not harmonise tax rates. Each Member State will be applying its own rate to its share of the tax base of taxpayers. Harmonisation will only involve the computation of the tax base and will not interfere with financial accounts. Therefore, Member States will maintain their national rules on financial accounting and the CCCTB system will introduce autonomous rules for computing the tax base of companies. These rules shall not affect the preparation of annual or consolidated accounts. Under the CCCTB, groups of companies would have to apply a single set of tax rules across the Union and deal with only one tax administration (one-stop-shop). A company that opts for the CCCTB ceases to be subject to the national corporate tax arrangements in respect of all matters regulated by the common rules.A company which does not qualify or does not opt for the system provided for by the CCCTB Directive remains subject to the national corporate tax rules which may include specific tax incentive schemes in favour of research and development. The proposal includes a complete set of rules for company taxation. It details who can opt, how to calculate the taxable base and what is the perimeter and functioning of the consolidation. It also provides for anti-abuse rules, defines how the consolidated base is shared and how the CCCTB should be administered by Member States under a 'one-stopshop' approach. To assist Member State tax administrations in the run up to the implementation of the CCCTB it is planned that the FISCALIS EU programme will be mobilised to assist Member States in the CCCTB implementation and administration. A major benefit of the introduction of the CCCTB will be a reduction in compliance costs for companies. On average, the tax experts estimated that a large enterprise spends over EUR 140 000 (0.23% of turnover) in tax related expenditure to open a new subsidiary in another Member State. The CCCTB will reduce these costs by EUR 87 000 or 62%. The savings for a medium sized enterprise are even more significant, as costs are expected to drop from EUR 128 000 (0.55% of turnover) to EUR 42 000 or a decrease of 67%. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
- DG {'url': 'http://ec.europa.eu/taxation_customs/index_en.htm', 'title': 'Taxation and Customs Union'}, ŠEMETA Algirdas
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COM(2011)0121
summary
Documents
- Legislative proposal published: COM(2011)0121
- Committee report tabled for plenary, 1st reading/single reading: A7-0080/2012
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0135/2012
- Debate in Council: 3435
| Amendments | Dossier |
| 500 |
2011/0058(CNS)
2011/12/12
ECON
412 amendments...
Amendment 100 #
Proposal for a directive Article 2 – paragraph 1 – introductory part 1. This Directive shall apply to companies which freely select it and are established under the laws of a Member State where both of the following conditions are met:
Amendment 101 #
Proposal for a directive Article 2 – paragraph 2 Amendment 102 #
Proposal for a directive Article 2 – paragraph 2 – introductory part 2. This Directive shall apply to companies that freely select it and are established under the laws of a third country where both of the following conditions are met:
Amendment 103 #
Proposal for a directive Article 3 Amendment 104 #
Proposal for a directive Article 3 – title Amendment 105 #
Proposal for a directive Article 3 – paragraph 2 Amendment 106 #
Proposal for a directive Article 4 – paragraph 1 – point 1 1) 'taxpayer' means a company which
Amendment 107 #
Proposal for a directive Article 4 – paragraph 1 – point 1 (1) 'taxpayer' means a company to which
Amendment 108 #
Proposal for a directive Article 4 – paragraph 1 – point 1 1) 'taxpayer' means a company which
Amendment 109 #
Proposal for a directive Article 4 – paragraph 1 – point 1 (1) ‘taxpayer’ means a company which shall or has opted to apply, the system provided for by this Directive;
Amendment 110 #
Proposal for a directive Article 4 – paragraph 1 – point 2 Amendment 111 #
Proposal for a directive Article 4 – paragraph 1 – point 3 3) 'non-taxpayer' means a company which is
Amendment 112 #
Proposal for a directive Article 4 – paragraph 1 – point 3 (3) 'non-taxpayer' means a company to which
Amendment 113 #
Proposal for a directive Article 4 – paragraph 1 – point 3 (3) ‘non-taxpayer’ means a company which is
Amendment 114 #
Proposal for a directive Article 4 – paragraph 1 – point 3 3) '
Amendment 115 #
Proposal for a directive Article 4 – paragraph 1 – point 6 Amendment 116 #
Proposal for a directive Article 4 – paragraph 1 – point 7 Amendment 117 #
Proposal for a directive Article 4 – paragraph 1 – point 11 Amendment 118 #
Proposal for a directive Article 4 – paragraph 1 – point 12 Amendment 119 #
Proposal for a directive Article 4 – paragraph 1 – point 15 (15) 'financial assets' means shares in affiliated undertakings, loans to affiliated undertakings, participating interests, loans to undertakings with which the company is linked by virtue of participating interests, investments held as fixed assets, other loans, and own shares to the extent that
Amendment 120 #
Proposal for a directive Article 4 – paragraph 1 – point 21 Amendment 121 #
Proposal for a directive Article 4 – paragraph 1 – point 21 (21) ‘competent authority’ means the authority designated by each Member State, or by a region with powers to collect taxes, to administer all matters related to the implementation of this Directive;
Amendment 122 #
Proposal for a directive Article 4 – paragraph 1 – point 22 Amendment 123 #
Proposal for a directive Article 4 – paragraph 1 – point 23 Amendment 124 #
Proposal for a directive Article 5 a (new) Application of provisions of this Directive should not violate tax revenues neutrality principle, which is expressed by negative impact on level of tax revenues in Member States. According to foregoing, Member States may choose whether to opt in for the provisions of this Directive.
Amendment 125 #
Proposal for a directive Chapter 3 – title Amendment 126 #
Proposal for a directive Chapter 3 – title Amendment 127 #
Proposal for a directive Article 6 Amendment 131 #
Proposal for a directive Article 6 – paragraph -1 (new) -1. A company not subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State shall apply the system provided for by this Directive under the conditions provided for therein.
Amendment 132 #
Proposal for a directive Article 6 – paragraph 1 1.
Amendment 133 #
Proposal for a directive Article 6 – paragraph 1 1. A company subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State may opt for the system provided for by this Directive under the conditions provided for therein.
Amendment 134 #
Proposal for a directive Article 6 – paragraph 1 1. A company to which this Directive applies which is resident for tax purposes in a Member State
Amendment 135 #
Proposal for a directive Article 6 – paragraph 1 1. A company to which this Directive applies which is resident for tax purposes in a Member State
Amendment 136 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 137 #
Proposal for a directive Article 6 – paragraph 2 2. A company to which this Directive applies which is not resident for tax purposes in a Member State
Amendment 138 #
Proposal for a directive Article 6 – paragraph 2 2. A company to which this Directive applies which is not resident for tax purposes in a Member State
Amendment 139 #
Proposal for a directive Article 6 – paragraph 6 6. A company resident in a Member State which
Amendment 14 #
Proposal for a directive Title 1 Proposal for a COUNCIL DIRECTIVE on an Optional Common Consolidated Corporate Tax Base (OCCCTB)
Amendment 140 #
Proposal for a directive Article 6 – paragraph 6 6. A company resident in a Member State
Amendment 141 #
Proposal for a directive Article 6 – paragraph 7 7. A company resident in a third country
Amendment 142 #
Proposal for a directive Article 6 – paragraph 7 7. A company resident in a third country which
Amendment 143 #
Proposal for a directive Article 7 – paragraph 1 Amendment 144 #
Proposal for a directive Article 7 – paragraph 1 Where a company qualifies
Amendment 145 #
Proposal for a directive Article 7 – paragraph 1 Where a company qualifies
Amendment 146 #
Proposal for a directive Article 10a (new) Minimum rate of taxation A minimum rate of taxation of corporations shall apply on the territory of the European Union. The nominal rate must not, however, be less than 25 %. Member States shall otherwise be free to set rates.
Amendment 147 #
Proposal for a directive Article 11 – paragraph 1 – point c Amendment 148 #
Proposal for a directive Article 11 – paragraph 1 – point c Amendment 149 #
Proposal for a directive Article 11 – paragraph 1 – point c Amendment 15 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 115 and 136 thereof,
Amendment 150 #
Proposal for a directive Article 11 – paragraph 1 – point d d
Amendment 151 #
Proposal for a directive Article 11 – paragraph 1 – point d d
Amendment 152 #
Proposal for a directive Article 11 – paragraph 1 – point e Amendment 153 #
Proposal for a directive Article 12 – paragraph 1 Deductible expenses shall include all costs of sales and expenses net of deductible value added tax incurred by the taxpayer with a view to obtaining or securing income, including costs of research and development, provided the money saved is used to procure or manufacture economic goods, and costs incurred in raising equity or debt for the purposes of the business.
Amendment 154 #
Proposal for a directive Article 14 – paragraph 1 – point a a (new) (a a) Bonus and performance compensations;
Amendment 155 #
Proposal for a directive Article 14 – paragraph 1 – point j j) taxes listed in Annex III
Amendment 156 #
Proposal for a directive Article 14 – paragraph 2 Amendment 157 #
Proposal for a directive Article 25 – paragraph 1 – subparagraph 1 a (new) 1a. In forming provisions, undertakings shall base their actions on national and international accounting standards.
Amendment 158 #
Proposal for a directive Article 30 – paragraph 1 – point c c) the technical provisions of insurance undertakings established in compliance with Directive 91/674EEC shall be deductible, with the exception of equalisation provisions. A Member State
Amendment 159 #
Proposal for a directive Article 39 – paragraph 1 1. Fixed assets other than those referred to in Articles 36 and 40 shall be depreciated together in one asset pool at an annual rate of 2
Amendment 16 #
Proposal for a directive Citation 1 a (new) Having regard to Council Decision […] of […] authorising enhanced cooperation in the area of the Common Consolidated Corporate Tax Base (CCCTB),
Amendment 160 #
Proposal for a directive Article 43 – paragraph 1 1. A loss incurred by a taxpayer or a permanent establishment of a non-resident taxpayer in a fiscal year may be deducted in the seven subsequent tax years, unless otherwise provided by this Directive. Above a threshold figure of EUR 1 million, the loss carried forward shall be limited to 60% of annual income in excess of EUR 1 million.
Amendment 161 #
Proposal for a directive Chapter 8 – title PROVISIONS ON ENTRY TO
Amendment 162 #
Proposal for a directive Chapter 8 – title PROVISIONS ON THE ENTRY INTO
Amendment 163 #
Proposal for a directive Chapter 8 – title PROVISIONS ON ENTRY TO
Amendment 164 #
Proposal for a directive Article 44 – paragraph 1 Amendment 165 #
Proposal for a directive Article 44 – paragraph 1 When a taxpayer
Amendment 166 #
Proposal for a directive Article 44 – paragraph 1 When a taxpayer
Amendment 167 #
Proposal for a directive Article 44 – paragraph 1 When a taxpayer
Amendment 168 #
Proposal for a directive Article 46 – paragraph 1 Revenues and expenses which pursuant to Article 24(2) and (3) are considered to have accrued or been incurred before the taxpayer
Amendment 169 #
Proposal for a directive Article 46 – paragraph 1 Revenues and expenses which pursuant to Article 24(2) and (3) are considered to have accrued or been incurred before the
Amendment 17 #
Proposal for a directive Recital 1 Amendment 170 #
Proposal for a directive Article 46 – paragraph 1 Revenues and expenses which pursuant to Article 24(2) and (3) are considered to have accrued or been incurred before the taxpayer
Amendment 171 #
Proposal for a directive Article 46 – paragraph 2 Revenues which were taxed under national corporate tax law before the
Amendment 172 #
Proposal for a directive Article 46 – paragraph 2 Revenues which were taxed under national corporate tax law before the taxpayer
Amendment 173 #
Proposal for a directive Article 47 – paragraph 1 1. Provisions, pension provisions and bad- debt deductions provided for in Articles 25, 26 and 27 shall be deductible only to the extent that they arise from activities or transactions carried out after the taxpayer
Amendment 174 #
Proposal for a directive Article 47 – paragraph 1 1. Provisions, pension provisions and bad- debt deductions provided for in Articles 25, 26 and 27 shall be deductible only to the extent that they arise from activities or transactions carried out after the
Amendment 175 #
Proposal for a directive Article 47 – paragraph 1 1. Provisions, pension provisions and bad- debt deductions provided for in Articles 25, 26 and 27 shall be deductible only to the extent that they arise from activities or transactions carried out after the taxpayer
Amendment 176 #
Proposal for a directive Article 47 – paragraph 2 2. Expenses incurred in relation to activities or transactions carried out before the taxpayer
Amendment 177 #
Proposal for a directive Article 47 – paragraph 2 2. Expenses incurred in relation to activities or transactions carried out before the
Amendment 178 #
Proposal for a directive Article 47 – paragraph 3 3. Amounts already deducted prior to
Amendment 179 #
Proposal for a directive Article 48 Amendment 18 #
Proposal for a directive Recital 1 (1)
Amendment 180 #
Proposal for a directive Article 48 – title Amendment 181 #
Proposal for a directive Article 48 – paragraph 1 Where a taxpayer incurred losses before
Amendment 182 #
Proposal for a directive Article 48 – paragraph 1 Where a taxpayer incurred losses before
Amendment 183 #
Proposal for a directive Article 48 – paragraph 1 Where a taxpayer incurred losses before
Amendment 184 #
Proposal for a directive Article 49 Amendment 185 #
Proposal for a directive Article 49 Amendment 186 #
Proposal for a directive Article 49 Amendment 187 #
Proposal for a directive Article 49 – paragraph 1 Amendment 188 #
Proposal for a directive Article 49 – paragraph 1 When
Amendment 189 #
Proposal for a directive Article 49 a (new) When a taxpayer leaves the system provided for by this Directive, it is allowed to re-entry the respective system after a period of at least three years.
Amendment 19 #
Proposal for a directive Recital 1 (1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions
Amendment 190 #
Proposal for a directive Article 50 Amendment 191 #
Proposal for a directive Article 50 Amendment 192 #
Proposal for a directive Article 50 Amendment 193 #
Proposal for a directive Article 50 – paragraph 1 Amendment 194 #
Proposal for a directive Article 50 – paragraph 1 When
Amendment 195 #
Proposal for a directive Article 51 Amendment 196 #
Proposal for a directive Article 51 Amendment 197 #
Proposal for a directive Article 51 Amendment 198 #
Proposal for a directive Article 51 – paragraph 1 Amendment 199 #
Proposal for a directive Article 51 – paragraph 1 Amendment 20 #
Proposal for a directive Recital 1 a (new) (1 a) This Directive contains a radically new approach to an essential component of corporate taxation for which the Lisbon Treaty does not lay down for Member States the obligation to harmonise. A thorough analysis based on an independent impact assessment should therefore be executed before this Directive is implemented in the EU. A pilot project conducted in a volunteering Member State should also be considered in order to better asses the practical impact of this Directive on tax collection and revenue as well as fight against tax evasion, tax fraud and double taxation.
Amendment 200 #
Proposal for a directive Article 52 Amendment 201 #
Proposal for a directive Article 52 Amendment 202 #
Proposal for a directive Article 52 Amendment 203 #
Proposal for a directive Article 52 – paragraph 1 Amendment 204 #
Proposal for a directive Article 53 Amendment 205 #
Proposal for a directive Article 53 Amendment 206 #
Proposal for a directive Article 53 Amendment 207 #
Proposal for a directive Article 53 – paragraph 1 Amendment 208 #
Proposal for a directive Article 54 Amendment 209 #
Proposal for a directive Article 54 – paragraph 1 Amendment 21 #
Proposal for a directive Recital 1 a (new) (1a) On the other hand, the existence of 27 different corporate tax systems offers companies that operate across borders considerable scope for tax avoidance and tax evasion. This state of affairs is imposing a substantial burden on state budgets. It also runs counter to the priorities set in the Commission Communication of 3 March 2010 entitled 'Europe 2020 – A strategy for smart, sustainable and inclusive growth' and cannot be reconciled with the requirements of a social market economy.
Amendment 210 #
Proposal for a directive Article 54 – paragraph 1 – introductory part 1. Qualifying subsidiaries shall be all immediate and lower-tier subsidiaries in which the parent company holds
Amendment 211 #
Proposal for a directive Article 54 – paragraph 1 – point a Amendment 212 #
Proposal for a directive Article 54 – paragraph 1 – point a (a) a right to exercise more than
Amendment 213 #
Proposal for a directive Article 54 – paragraph 1 – point b Amendment 214 #
Proposal for a directive Article 54 – paragraph 1 – point b (b) an ownership right amounting to more than
Amendment 215 #
Proposal for a directive Article 54 – paragraph 2 Amendment 216 #
Proposal for a directive Article 54 – paragraph 2 – point b b) entitlement to profit
Amendment 217 #
Proposal for a directive Article 54 – paragraph 2 – point b (b) entitlement to profit and ownership of capital shall be calculated by multiplying the interests held in intermediate subsidiaries at each tier. Ownership rights amounting to
Amendment 218 #
Proposal for a directive Article 55 Amendment 219 #
Proposal for a directive Article 56 Amendment 22 #
Proposal for a directive Recital 1 a (new) (1 a) The report on the 'Future of the Single Market' by former Commissioner Mario Monti states that tax competition does not adversely affect growth in the Single Market.
Amendment 220 #
Proposal for a directive Article 57 Amendment 221 #
Proposal for a directive Article 57 – paragraph 2 2. When the consolidated tax base is negative, the loss shall be carried forward
Amendment 222 #
Proposal for a directive Article 57 – paragraph 2 a (new) 2a. When the negative consolidated tax base corresponds to the taxpayer's first tax year, it may be carried forward to the following three years, being deducted from the respective positive tax bases, where they exist. When the negative consolidated tax base corresponds to the taxpayer's second tax year, it may be carried forward to the following two years, being deducted from the respective positive tax bases, where they exist.
Amendment 223 #
Proposal for a directive Article 57 – paragraph 2 a (new) 2 a. Consolidation shall not take into account the years before the entry into force of this directive. Losses incurred before the entry into force of this directive cannot be consolidated.
Amendment 224 #
Proposal for a directive Article 57 a (new) Article 57a Non-retroactivity Consolidation shall only apply to taxable profits earned from entry into force of this directive.
Amendment 225 #
Proposal for a directive Article 57 a (new) Article 57 a Losses cannot be carried forward more than 5 years.
Amendment 226 #
Proposal for a directive Article 58 Amendment 227 #
Proposal for a directive Article 58 – paragraph 2 2. Notwithstanding paragraph 1, a taxpayer shall become a member of a group on the date when the threshold
Amendment 228 #
Proposal for a directive Article 58 – paragraph 2 2. Notwithstanding paragraph 1, a taxpayer shall become a member of a group on the date when the thresholds of Article 54 are reached. The thresholds must be met for at least twelve nine consecutive months, failing which a taxpayer shall be treated as if it had never become a member of the group.
Amendment 229 #
Proposal for a directive Article 59 Amendment 23 #
Proposal for a directive Recital 1 a (new) (1 a) Tax policies must aim to foster European competitiveness and lower costs for European business, in particular for small and medium enterprises.
Amendment 230 #
Proposal for a directive Article 59 – paragraph 3 Amendment 231 #
Proposal for a directive Article 59 – paragraph 4 Amendment 232 #
Proposal for a directive Article 60 Amendment 233 #
Proposal for a directive Article 61 Amendment 234 #
Proposal for a directive Article 62 Amendment 235 #
Proposal for a directive Article 63 Amendment 236 #
Proposal for a directive Article 64 Amendment 237 #
Proposal for a directive Article 65 Amendment 238 #
Proposal for a directive Article 66 Amendment 239 #
Proposal for a directive Article 66 – paragraph 1 – point a a) if the taxpayer
Amendment 24 #
Proposal for a directive Recital 1 b (new) (1b) National budgets are facing the ever more serious consequences of the ruinous tax competition among the EU Member States. Excessive state indebtedness is one of the main causes of the current economic and financial crisis. For that reason, the introduction of a lower limit of 25 % for corporation tax is both objectively justified and appropriate. Since the Member States' freedom to set taxes would not otherwise be affected, such a step would be consistent with the subsidiarity principle.
Amendment 240 #
Proposal for a directive Article 66 – paragraph 1 – point a a) if the taxpayer remains
Amendment 241 #
Proposal for a directive Article 66 – paragraph 1 – point c Amendment 242 #
Proposal for a directive Article 66 – paragraph 1 – point c Amendment 243 #
Proposal for a directive Article 67 Amendment 244 #
Proposal for a directive Article 68 Amendment 245 #
Proposal for a directive Article 68 – paragraph 1 Where a taxpayer which is the economic owner of one or more self-generated intangible assets leaves the group, an amount equal to the costs incurred in respect of those assets for research, development, marketing and advertising in the previous five years shall be added to the consolidated tax base of the remaining group members. The amount added shall not, however, exceed the value of the assets on the departure of the taxpayer from the group. Those costs shall be attributed to the leaving taxpayer and shall be treated in accordance with
Amendment 246 #
Proposal for a directive Article 69 Amendment 247 #
Proposal for a directive Article 70 Amendment 248 #
Proposal for a directive Article 71 Amendment 249 #
Proposal for a directive Article 72 Amendment 25 #
Proposal for a directive Recital 1 b (new) (1 b) More cooperation among tax authorities can lead to a significant decrease on costs and administrative burdens for business operating cross- border within the EU.
Amendment 250 #
Proposal for a directive Article 72 Amendment 251 #
Proposal for a directive Article 72 – paragraph 1 Without prejudice to Article 75, revenue which is exempt from taxation under Article 11
Amendment 252 #
Proposal for a directive Article 73 Amendment 253 #
Proposal for a directive Article 73 Amendment 254 #
Proposal for a directive Article 73 – paragraph 1 – introductory part Article 11
Amendment 255 #
Proposal for a directive Article 73 – paragraph 1 – point a (a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than
Amendment 256 #
Proposal for a directive Article 73 – paragraph 1 – point a (a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than
Amendment 257 #
Proposal for a directive Article 73 – paragraph 1 – point a a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than
Amendment 258 #
Proposal for a directive Article 73 – paragraph 2 Amendment 259 #
Proposal for a directive Article 74 Amendment 26 #
Proposal for a directive Recital 1 c (new) (1c) Bearing in mind how important small and medium-sized enterprises are in the European business sector and the key role they play, an impact assessment should be carried out that will cast light on the added value that this Directive will offer for SMEs and the obstacles it will pose for them, accompanied, where necessary, by fresh proposals.
Amendment 260 #
Proposal for a directive Article 75 Amendment 261 #
Proposal for a directive Article 75 Amendment 262 #
Proposal for a directive Article 75 – paragraph 1 Amendment 263 #
Proposal for a directive Article 75 – paragraph 2 Amendment 264 #
Proposal for a directive Article 75 – paragraph 3 Amendment 265 #
Proposal for a directive Article 76 Amendment 266 #
Proposal for a directive Article 76 – paragraph 1 1. Where a taxpayer derives income which has been taxed in another Member State or in a third country, other than income which is exempt under Article 11
Amendment 267 #
Proposal for a directive Article 76 – paragraph 4 4. In calculating the deduction, the amount of the income shall be decreased by related deductible expenses, which shall be deemed to be
Amendment 268 #
Proposal for a directive Article 76 – paragraph 5 5. The deduction for the tax liability in a third country may not exceed the final corporate tax liability of a taxpayer
Amendment 269 #
Proposal for a directive Article 77 Amendment 27 #
Proposal for a directive Recital 2 (2) Tax obstacles
Amendment 270 #
Proposal for a directive Article 80 – paragraph 1 Amendment 271 #
Proposal for a directive Article 81 – paragraph 1 – point a (a) a tax on profits is provided for, under the general regime in the third country, at a statutory corporate tax rate lower than
Amendment 272 #
Proposal for a directive Article 81 – paragraph 1 – point a (a) a tax on profits is provided for, under the general regime in th
Amendment 273 #
Proposal for a directive Article 81 – paragraph 1 – point a a) a tax on profits is provided for, under the general regime in the third country, at a statutory corporate tax rate lower than
Amendment 274 #
Proposal for a directive Article 81 – paragraph 3 Amendment 275 #
Proposal for a directive Article 81 – paragraph 3 – introductory part 3.
Amendment 276 #
Proposal for a directive Article 81 – paragraph 3 – point a Amendment 277 #
Proposal for a directive Article 81 – paragraph 3 – point b Amendment 278 #
Proposal for a directive Article 81 – paragraph 3 – point c Amendment 279 #
Proposal for a directive Article 82 – paragraph 1 – introductory part 1. The tax base shall, proportionately, include the non-
Amendment 28 #
Proposal for a directive Recital 2 (2) Tax obstacles to cross-border business
Amendment 280 #
Proposal for a directive Article 82 – paragraph 1 – point a (a) the taxpayer by itself, or together with its associated enterprises, holds a direct or indirect participation of more than
Amendment 281 #
Proposal for a directive Article 82 – paragraph 1 – point b (b) under the general regime in the third country, profits are taxable at a statutory corporate tax rate lower than
Amendment 282 #
Proposal for a directive Article 82 – paragraph 1 – point b (b) under the general regime in the third country, profits are taxable at a statutory corporate tax rate lower than
Amendment 283 #
Proposal for a directive Article 82 – paragraph 1 – point b b) under the general regime in the third country, profits are taxable at a statutory corporate tax rate lower than
Amendment 284 #
Proposal for a directive Article 83 – paragraph 1 1. The income to be included in the tax base shall be calculated according to the rules of Articles 9 to 15. Losses of the foreign entity shall not be included in the tax base but shall be carried forward to the next tax year and taken into account when applying Article 82 in the subsequent year
Amendment 285 #
Proposal for a directive Article 83 – paragraph 4 Amendment 286 #
Proposal for a directive Article 86 Amendment 287 #
Proposal for a directive Article 86 – paragraph 1 – introductory part 1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form, giving equal weight to the factors of
Amendment 288 #
Proposal for a directive Article 86 – paragraph 1 – introductory part 1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form, giving equal weight to the factors of sales,
Amendment 289 #
Proposal for a directive Article 86 – paragraph 1 – introductory part 1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form,
Amendment 29 #
Proposal for a directive Recital 2 a (new) (2 a) Fair competition on tax rates should be encouraged at Member State level and also at regional level for those regions with fiscal and legislative powers.
Amendment 290 #
Proposal for a directive Article 86 – paragraph 1 – formula Amendment 291 #
Proposal for a directive Article 86 – paragraph 1 – formula
Amendment 292 #
Proposal for a directive Article 87 Amendment 293 #
Proposal for a directive Article 88 Amendment 294 #
Proposal for a directive Article 89 Amendment 295 #
Proposal for a directive Article 90 Amendment 296 #
Proposal for a directive Article 90 – paragraph 1 1. The labour factor shall consist
Amendment 297 #
Proposal for a directive Article 90 – paragraph 2 Amendment 298 #
Proposal for a directive Article 90 – paragraph 3 3. The definition of an employee shall be determined
Amendment 299 #
Proposal for a directive Article 91 Amendment 30 #
Proposal for a directive Recital 3 (3) The network of double taxation conventions between Member States
Amendment 300 #
Proposal for a directive Article 91 – paragraph 1 1.
Amendment 301 #
Proposal for a directive Article 91 – paragraph 2 – subparagraph 1 Notwithstanding paragraph 1, where employees physically exercise their employment under the control and responsibility of a group member other than that from which they receive remuneration,
Amendment 302 #
Proposal for a directive Article 91 – paragraph 2 – subparagraph 2 – point b (b) the payroll relating to such employees represents at least 5% of the
Amendment 303 #
Proposal for a directive Article 91 a (new) Article 91a – Limits applying to statutory corporate tax rates Statutory corporate tax rates under general regimes shall be between 25% and 35% in all Member States.
Amendment 304 #
Proposal for a directive Article 92 Amendment 305 #
Proposal for a directive Article 93 Amendment 306 #
Proposal for a directive Article 94 Amendment 307 #
Proposal for a directive Article 94 – paragraph 1 1. Land and other non-depreciable fixed tangible assets shall be valued at their
Amendment 308 #
Proposal for a directive Article 94 – paragraph 1 1. Land and other non-depreciable fixed tangible assets shall be valued at their
Amendment 309 #
Proposal for a directive Article 95 Amendment 31 #
Proposal for a directive Recital 3 a (new) (3 a) Tax competition puts pressure on governments to keep spending under control. However, the introduction of a Union-wide voluntary Common Consolidated Corporate Tax Base (CCCTB) should not interfere with tax competition, since the system does not include harmonisation of tax rates.
Amendment 310 #
Proposal for a directive Article 95 Amendment 311 #
Proposal for a directive Article 96 Amendment 312 #
Proposal for a directive Article 96 Amendment 313 #
Proposal for a directive Article 97 Amendment 314 #
Proposal for a directive Article 97 – paragraph 1 The Commission may adopt acts laying down detailed rules on the calculation of the labour
Amendment 315 #
Proposal for a directive Article 98 Amendment 316 #
Proposal for a directive Article 99 Amendment 317 #
Proposal for a directive Article 100 Amendment 318 #
Proposal for a directive Article 101 Amendment 319 #
Proposal for a directive Article 102 Amendment 32 #
Proposal for a directive Recital 4 (4) A system allowing companies to treat the Union as a single market for the purpose of corporate tax would facilitate cross-border activity for companies resident in the Union and would promote the objective of making the Union a more competitive location for investment internationally. Such a system would best
Amendment 320 #
Proposal for a directive Article 103 Amendment 321 #
Proposal for a directive Article 104 Amendment 322 #
Proposal for a directive Article 104 Amendment 323 #
Proposal for a directive Article 104 Amendment 324 #
Proposal for a directive Article 104 Amendment 325 #
Proposal for a directive Article 104 – title Notice
Amendment 326 #
Proposal for a directive Article 104 – paragraph 1 – subparagraph 1 Amendment 327 #
Proposal for a directive Article 104 – paragraph 1 – subparagraph 1 A single taxpayer shall
Amendment 328 #
Proposal for a directive Article 104 – paragraph 1 – subparagraph 2 Amendment 329 #
Proposal for a directive Article 104 – paragraph 1 – subparagraph 2 Such notice shall be given at least three months before the beginning of the tax year in which the taxpayer or the group
Amendment 33 #
Proposal for a directive Recital 4 (4) A system allowing interested companies to treat the Union as a single market for the purpose of corporate tax
Amendment 330 #
Proposal for a directive Article 104 – paragraph 2 Amendment 331 #
Proposal for a directive Article 104 – paragraph 2 2. The notice
Amendment 332 #
Proposal for a directive Article 104 – paragraph 3 Amendment 333 #
Proposal for a directive Article 104 – paragraph 3 3. The principal tax authority shall transmit the notice
Amendment 334 #
Proposal for a directive Article 105 Amendment 335 #
Proposal for a directive Article 105 Amendment 336 #
Proposal for a directive Article 105 Amendment 337 #
Proposal for a directive Article 105 Amendment 338 #
Proposal for a directive Article 105 – paragraph 1 Amendment 339 #
Proposal for a directive Article 105 – paragraph 1 1. When the notice
Amendment 34 #
Proposal for a directive Recital 4 (4) A system
Amendment 340 #
Proposal for a directive Article 105 – paragraph 1 1. When the notice to opt has been accepted, a single taxpayer or a group, as the case may be, shall apply the system provided for by this Directive for
Amendment 341 #
Proposal for a directive Article 105 – paragraph 1 1. When the notice to opt has been accepted, a single taxpayer or a group, as the case may be, shall apply the system provided for by this Directive for
Amendment 342 #
Proposal for a directive Article 105 – paragraph 2 Amendment 343 #
Proposal for a directive Article 105 – paragraph 2 2.
Amendment 344 #
Proposal for a directive Article 105 – paragraph 3 Amendment 345 #
Proposal for a directive Article 106 Amendment 346 #
Proposal for a directive Article 106 Amendment 347 #
Proposal for a directive Article 106 Amendment 348 #
Proposal for a directive Article 106 Amendment 35 #
Proposal for a directive Recital 4 (4) An optional system allowing companies to treat the Union as a single market for the purpose of corporate tax would facilitate cross-border activity for companies resident in the Union and would promote the objective of making the Union a more competitive location for investment internationally. Such a system would best be achieved by enabling groups of companies with a taxable presence in more than one Member State to choose to settle their tax affairs in the Union according to a single set of rules for calculation of the tax base and to deal with a single tax administration (‘one-stop-shop’). These rules should also be made available to entities subject to corporate tax in the Union which do not form part of a group.
Amendment 350 #
Proposal for a directive Article 106 – paragraph 1 Amendment 351 #
Proposal for a directive Article 106 – paragraph 1 – introductory part The following information shall be included in the notice
Amendment 352 #
Proposal for a directive Article 106 – paragraph 1 – point a Amendment 353 #
Proposal for a directive Article 106 – paragraph 1 – point b Amendment 354 #
Proposal for a directive Article 106 – paragraph 1 – point c Amendment 355 #
Proposal for a directive Article 106 – paragraph 1 – point d Amendment 356 #
Proposal for a directive Article 106 – paragraph 1 – point e Amendment 357 #
Proposal for a directive Article 106 – paragraph 2 Amendment 358 #
Proposal for a directive Article 106 – paragraph 2 The Commission
Amendment 359 #
Proposal for a directive Article 107 Amendment 36 #
Proposal for a directive Recital 4 a (new) (4 a) The broad tax base, the consolidation and the sovereignty of the Member States with regard to their national corporate taxation rates make the proposed tax system a viable one only if it is kept optional for all EU Member States as well as all companies operating in the Union. The Optional Common Consolidated Tax Base (OCCCTB) should therefore only apply to those Member States that would freely decide to implement this Directive and those companies operating cross-border that would freely select this tax system.
Amendment 360 #
Proposal for a directive Article 107 Amendment 361 #
Proposal for a directive Article 107 Amendment 362 #
Proposal for a directive Article 107 Amendment 364 #
Proposal for a directive Article 107 – paragraph 1 Amendment 365 #
Proposal for a directive Article 107 – paragraph 1 1. The competent authority to which the notice
Amendment 366 #
Proposal for a directive Article 107 – paragraph 2 Amendment 367 #
Proposal for a directive Article 107 – paragraph 2 2. Provided that the taxpayer has fully disclosed all relevant information in accordance with Article 106, any subsequent determination that the disclosed list of group members is incorrect shall not invalidate the notice
Amendment 368 #
Proposal for a directive Article 108 Amendment 369 #
Proposal for a directive Article 108 – paragraph 2 2.
Amendment 37 #
Proposal for a directive Recital 5 Amendment 370 #
Proposal for a directive Article 108 – paragraph 4 4.
Amendment 371 #
Proposal for a directive Article 109 Amendment 372 #
Proposal for a directive Article 110 Amendment 373 #
Proposal for a directive Article 110 – paragraph 1 a (new) 1a. The uniform tax return format shall be designed by the Commission in cooperation with the tax administrations of the Member States.
Amendment 374 #
Proposal for a directive Article 111 Amendment 375 #
Proposal for a directive Article 112 Amendment 376 #
Proposal for a directive Article 113 Amendment 377 #
Proposal for a directive Article 114 Amendment 378 #
Proposal for a directive Article 115 Amendment 379 #
Proposal for a directive Article 115 – title Central authority for the coordination and management of a central data base
Amendment 38 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation do not
Amendment 380 #
Proposal for a directive Article 115 – paragraph -1 (new) A central tax authority for the European Union shall be established. It shall coordinate the activities of the tax authorities of the Member States in accordance with this Directive and shall manage a central data base.
Amendment 381 #
Proposal for a directive Article 115 – paragraph 1 The consolidated tax return and supporting documents filed by the principal taxpayer shall be stored on
Amendment 382 #
Proposal for a directive Article 116 Amendment 383 #
Proposal for a directive Article 116 – paragraph 2 In exceptional circumstances the competent tax authorities of the Member States in which the members of a group are resident or in which they have a permanent establishment may, within six months of the notice
Amendment 384 #
Proposal for a directive Article 117 Amendment 385 #
Proposal for a directive Article 118 Amendment 386 #
Proposal for a directive Article 119 Amendment 387 #
Proposal for a directive Article 120 Amendment 388 #
Proposal for a directive Article 121 Amendment 389 #
Proposal for a directive Article 122 Amendment 39 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Optional Common Consolidated Corporate Tax Base (OCCCTB)) need not affect the
Amendment 390 #
Article 122 – paragraph 1 – subparagraph 1 The principal tax authority may initiate
Amendment 391 #
Proposal for a directive Article 122 – paragraph 3 3. The
Amendment 392 #
Proposal for a directive Article 123 Amendment 393 #
Proposal for a directive Article 123 – paragraph 1 1. Where the competent authority of the Member State in which a group member is resident or established disagrees with a decision of the principal tax authority made pursuant to Articles 107 or Article 114 paragraphs (3), (5) or (6) second subparagraph, it may challenge that decision
Amendment 394 #
Proposal for a directive Article 123 – paragraph 2 Amendment 395 #
Proposal for a directive Article 124 Amendment 396 #
Proposal for a directive Article 124 – paragraph 1 – subparagraph 1 – point a Amendment 397 #
Proposal for a directive Article 124 – paragraph 1 – subparagraph 1 – point a Amendment 398 #
Proposal for a directive Article 124 – paragraph 1 – subparagraph 1 – point a (a) a decision rejecting a notice
Amendment 399 #
Proposal for a directive Article 125 Amendment 40 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Common Consolidated Corporate Tax Base (CCCTB)) need not fundamentally affect the discretion of Member States regarding their national rate(s) of company taxation, provided that the minimum rates of taxation set in the Union are not undercut.
Amendment 400 #
Proposal for a directive Article 126 Amendment 401 #
Proposal for a directive Article 126 a (new) Amendment 402 #
Proposal for a directive Article 126 b (new) Amendment 403 #
Proposal for a directive Article 127 – paragraph 2 2. As soon as the Commission adopts a delegated act, it shall notify it to the European Parliament and the Council.
Amendment 404 #
Proposal for a directive Article 128 – paragraph 1 1. The delegation of power
Amendment 405 #
Proposal for a directive Article 129 – paragraph 1 1. The European Parliament and the Council may object to a delegated act within a period of three months from the date of notification.
Amendment 406 #
Proposal for a directive Article 129 – paragraph 2 – subparagraph 1 If, on
Amendment 407 #
Proposal for a directive Article 129 – paragraph 2 – subparagraph 2 The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council ha
Amendment 408 #
Proposal for a directive Article 130 Amendment 409 #
Proposal for a directive Article 130 – paragraph 1 The European Parliament shall be informed of the adoption of delegated acts by the Commission of any objection formulated to them, or the revocation of the delegation of powers by the Council. Any future assessment of the instrument should be communicated to the members of the competent committee of the EP.
Amendment 41 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation
Amendment 410 #
Proposal for a directive Article 133 – title Amendment 411 #
Proposal for a directive Article 133 – paragraph 1 Amendment 412 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall,
Amendment 413 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall,
Amendment 414 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall,
Amendment 415 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. Any matter not covered by the scope of the Directive, in particular the examination of the impact of non-harmonised tax rates, need not be examined.
Amendment 416 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council and to the European Parliament on the operation of this Directive. The report shall
Amendment 417 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. When reviewing this Directive, consideration should be in particular given to introduction of an obligatory system of Common Corporate Tax Base.
Amendment 418 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall,
Amendment 419 #
Proposal for a directive Article 133 – paragraph 1 The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the
Amendment 42 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Common
Amendment 420 #
Proposal for a directive Article 133 – paragraph 1 a (new) The Commission shall every two years present a report to the European Parliament and the Council on the implementation by the national authorities of Article 85.
Amendment 421 #
Proposal for a directive Article 133 – paragraph 1 b (new) Two years after entry into force of this directive, the Commission shall present a report to the European Parliament and the Council on the potential consequences of this directive on the internal market with particular regard to possible distortions of competition between companies subject to the arrangements laid down in this directive and those not fulfilling the consolidation criteria.
Amendment 422 #
Proposal for a directive Article 134 – paragraph 1 – subparagraph 1 Member States that freely decide to transpose this Directive shall adopt and publish, by [date] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 424 #
Proposal for a directive Article 135 – paragraph 1 This Directive shall enter into force in those Member States that freely decide to transpose it on the […] day following that of its publication in the Official Journal of the European Union.
Amendment 43 #
Proposal for a directive Recital 5 a (new) (5 a) This Directive is not a first step towards harmonisation of the corporate tax rates of the Member States. If, however, when this Directive is assessed, it becomes apparent that the economic efficiency, effectiveness and equitability of corporate taxation would benefit from a certain harmonisation of rates, this should be limited to the establishment of a corresponding minimum level.
Amendment 44 #
Proposal for a directive Recital 5 a (new) (5 a) The aim of the CCCTB should be to stimulate growth and job-creation by reducing administrative costs, cutting red tape, eradicating double-taxation and closing tax evasion loopholes for companies in the EU. The system should not put any structural downward pressure on company taxation rates or revenues in the Member States.
Amendment 45 #
Proposal for a directive Recital 5 a (new) (5 a) This Directive is not a first step towards harmonisation of the corporate tax rates of the Member States. Each Member State reserves the sovereign right to set its own corporate tax rate.
Amendment 46 #
Proposal for a directive Recital 5 b (new) (5 b) The CCCTB should be seen in a global context. The new system should be carefully coordinated with agreements made and principles applied at the international level. The impact of the system on the global operations of EU companies should be fully taken into account.
Amendment 47 #
Proposal for a directive Recital 6 Amendment 48 #
Proposal for a directive Recital 6 (6) Consolidation is an essential element of such a system, since the major tax obstacles faced by companies in the Union can be tackled only in that way. It eliminates transfer pricing formalities and intra-group double taxation. Moreover, losses incurred by taxpayers are automatically offset against profits generated by other members of the same group. However, implementation of the Common Consolidated Corporate Tax Base may result in negative impact on tax revenues in some Member States due to the consolidation mechanism. In connection with that Member States should choose whether to opt in for the provisions of this Directive.
Amendment 49 #
Proposal for a directive Recital 6 (6) Consolidation is an essential element of such a system, since the major tax obstacles faced by companies in the Union can be tackled only in that way. It eliminates transfer pricing formalities and intra-group double taxation. Moreover, losses incurred by taxpayers are automatically offset against profits generated by other members of the same group. However, the CCCTB is not a tax- neutral operation. The European Commission's own impact assessment states that the EU tax base will decrease under a voluntary CCCTB by 2.7%.
Amendment 50 #
Proposal for a directive Recital 6 (6) Consolidation is an essential element of such a system, since the major tax obstacles faced by companies of the same group that operate cross-border in the Union can be tackled only in that way. It eliminates transfer pricing formalities and intra-group double taxation. Moreover, losses incurred by taxpayers are automatically offset against profits generated by other members of the same group.
Amendment 51 #
Proposal for a directive Recital 7 Amendment 52 #
Proposal for a directive Recital 7 a (new) (7a) An assessment of the economic impact that these new rules will have on local authorities' management systems should be carried out and properly studied, in particular the added costs that may arise for these authorities, and a study should also be carried out on the method to be used in order to calculate the redistribution of the tax base.
Amendment 53 #
Proposal for a directive Recital 8 Amendment 54 #
Proposal for a directive Recital 8 (8) Since
Amendment 55 #
Proposal for a directive Recital 8 (8) Since such a system is primarily designed to serve the needs of companies
Amendment 56 #
Proposal for a directive Recital 8 (8) Since such a system is
Amendment 57 #
Proposal for a directive Recital 8 (8) Since such a system is primarily
Amendment 58 #
Proposal for a directive Recital 8 a (new) (8a) Stresses, however, that many Member States are currently in a difficult budgetary situation, and that regulations resulting in a tax base which is broader than the present one might have a further negative impact on their budgets. On this basis, the Commission is proposing a potential ‘compensation package’, according to which temporary provisions would be introduced in Member States where a shortfall in tax revenue would be caused by the introduction of the common consolidated corporate tax base (the ‘losers’ under this tax base) which would ensure compensation for the shortfall in revenue.
Amendment 59 #
Proposal for a directive Recital 9 (9) The system (the Optional Common Consolidated
Amendment 60 #
Proposal for a directive Recital 9 (9) The system (the Common
Amendment 61 #
Proposal for a directive Recital 9 a (new) (9 a) In so far as the use of the OCCCTB would affect the tax revenue of regional or local authorities, Member States must retain the right to take measures to remedy this in accordance with their national, regional and local tax laws and legislations. This Directive shall not impede in any way on the sovereignty of EU Member States, and where applicable regional or local authorities, in the area of direct taxation, especially with respect to the corporate tax base and rate(s).
Amendment 62 #
Proposal for a directive Recital 9 a (new) (9a) The system for calculating the redistribution of the tax base should be accompanied by a study covering the various possible methods that could be applied, as well as the method for calculating each of the factors to be included.
Amendment 63 #
Proposal for a directive Recital 11 Amendment 64 #
Proposal for a directive Recital 11 Amendment 65 #
Proposal for a directive Recital 12 (12) Income consisting in interest and royalty payments
Amendment 66 #
Proposal for a directive Recital 12 (12) Income consisting in interest and royalty payments should be taxable, with credit for withholding tax paid on such payments.
Amendment 67 #
Proposal for a directive Recital 13 (13) Taxable revenues should be reduced by business expenses and certain other items. Deductible business expenses should normally include all costs relating to sales and expenses linked to the production, maintenance and securing of income. Deductibility should be extended to costs of research and development, provided that the money saved is used to procure or manufacture economic goods, and costs incurred in raising equity or debt for the purposes of the business. There should also be a list of non-deductible expenses.
Amendment 68 #
Proposal for a directive Recital 15 (15) Taxpayers should be allowed to carry losses forward
Amendment 69 #
Proposal for a directive Recital 15 (15) Taxpayers should be allowed to carry losses forward
Amendment 70 #
Proposal for a directive Recital 15 (15) Taxpayers should be allowed to carry losses forward to the next year indefinitely, but no loss carry-back should be allowed.
Amendment 71 #
Proposal for a directive Recital 16 Amendment 72 #
Proposal for a directive Recital 16 (16) Eligibility for consolidation (group membership) should be determined in accordance with a two-part test based on (i) control (more than
Amendment 73 #
Proposal for a directive Recital 16 (16) Eligibility for consolidation (group membership) should be determined in accordance with a two-part test based on (i) control (more than 50% of voting rights) and (ii) ownership (more than 75% of equity) or rights to profits (more than 75% of rights giving entitlement to profit). Such a test ensures a high level of economic integration between group members, as indicated by a relation of control and a high level of participation. The two thresholds should be met throughout the tax year; otherwise, the company should leave the group immediately. There should also be a
Amendment 74 #
Proposal for a directive Recital 16 (16) Eligibility for consolidation (group membership) should be determined in accordance with a two-part test based on (i) (i) control (more than 50% of voting rights) and (ii)
Amendment 75 #
Proposal for a directive Recital 17 Amendment 76 #
Proposal for a directive Recital 18 (18) When withholding taxes are charged on interest, dividends and royalty payments made by taxpayers, the proceeds of such taxes should be shared according to the formula of that tax year.
Amendment 77 #
Proposal for a directive Recital 20 (20) The system should include a general anti-abuse rule, supplemented by measures designed to curb specific types of abusive practices. These measures should include
Amendment 78 #
Proposal for a directive Recital 21 Amendment 79 #
Proposal for a directive Recital 21 (21) The formula for apportioning the consolidated tax base should comprise three equally weighted factors (labour, assets and sales). The labour factor should be computed on the basis of payroll and the number of employees (each item counting for half). The asset factor should consist of all fixed tangible assets. Intangibles and financial assets should be excluded from the formula due to their mobile nature and the risks of circumventing the system. The use of these factors is designed to give
Amendment 80 #
Proposal for a directive Recital 21 (21) The formula for apportioning the consolidated tax base should comprise three
Amendment 81 #
Proposal for a directive Recital 21 (21) The formula for apportioning the consolidated tax base should comprise three equally weighted factors (labour, assets and sales). The labour factor should be computed on the basis of payroll
Amendment 82 #
Proposal for a directive Recital 21 a (new) (21 a) As a new own resource and part of the drive towards fiscal union, and to enable reinforced solidarity with economically weaker regions, this directive should establish an EU corporation tax with a rate of 5% for companies not subject to Commission Recommendation 2003/361/EC of 6 May 2001 concerning the definition of micro, small and medium-sized enterprises.
Amendment 83 #
Proposal for a directive Recital 23 (23) Groups of companies should be able to deal with a single tax administration ('principal tax authority'), which should be that of the Member State in which the parent company of the group ('principal taxpayer') is resident for tax purposes. The activities of the Member States' tax authorities should be coordinated, supported and assessed by a European Tax Authority. This Directive should also lay down procedural rules for the administration of the system. It should also provide for an advance ruling mechanism. Audits should be initiated
Amendment 84 #
Proposal for a directive Recital 23 (23) Groups of companies should be able to deal with a single tax administration (‘principal tax authority’), which should be that of the Member State in which the parent company of the group (‘principal taxpayer’) is resident for tax purposes, or the one from the region of origin in those regions with fiscal and legislative powers and capacity to collect taxes. This Directive should also lay down procedural rules for the administration of the system. It should also provide for an advance ruling mechanism. Audits should be initiated and coordinated by the principal tax authority but the authorities of any Member State in which a group member is subject to tax may request the initiation of an audit. The competent authority of the Member State in which a group member is resident or established may challenge a decision of the principal tax authority concerning the notice to opt or an amended assessment before the courts of the Member State of the principal tax authority. Disputes between taxpayers and tax authorities should be dealt with by an administrative body which is competent to hear appeals at first instance according to the law of the Member State of the principal tax authority.
Amendment 85 #
Proposal for a directive Recital 23 (23) Groups of companies should be able to deal with a single tax administration ('principal tax authority'), which should be that of the Member State in which the parent company of the group ('principal taxpayer') is resident for tax purposes. This Directive should also lay down procedural rules for the administration of the system. It should also provide for an advance ruling mechanism. Audits should be initiated and coordinated by the principal tax authority but the authorities of any Member State in which a group member is subject to tax may request the initiation of an audit. The competent authority of the Member State in which a group member is resident or established may challenge a decision of the principal tax authority concerning
Amendment 86 #
Proposal for a directive Recital 25 (25) In order to ensure uniform conditions for the implementation of this Directive as regards the annual adoption of a list of third country company forms which meet the requirements set out in this Directive, laying down rules on the calculation of the labour, asset and sales factors, the allocation of employees and payroll, assets and sales to the respective factor as well as the valuation of assets for the asset factor and the adoption of
Amendment 87 #
Proposal for a directive Recital 25 a (new) (25 a) On the basis of the review clause, a thorough analysis on the impact of this Directive should be conducted by an independent body before the Council adopts a decision on the eventual extension or repeal of this Directive. The analysis should especially include an examination of the following points: the need to keep the Directive in force or to repeal it, the optional character of the common consolidated tax base (OCCCTB), the restriction of harmonisation to the tax base, the apportionment formula, the considerations of practicality for SMEs, and the Directive’s impact on tax collection and revenue in those EU Member States that decided freely to transpose it in their national legislation, and the fight against tax evasion, tax fraud and double taxation.
Amendment 88 #
Proposal for a directive Recital 25 a (new) (25a) In order to ensure that the application of the system [the Common Corporate Tax Base (CCTB)] does not lead to distortions in the way in which capital and profits are allocated within the European Union, it is essential to limit corporate tax rate disparities by introducing a minimum taxation level for all Member States.
Amendment 89 #
Proposal for a directive Recital 26 a (new) (26 a) The Commission should initiate a new CCCTB forum, similar to the Joint Transfer Pricing Forum (JTPF), to which companies and Member States can address issues and disputes relating to the CCCTB. That forum should be able to give guidance to companies and Member States and should qualify as a court or tribunal in accordance with the second paragraph of Article 267 TFEU.
Amendment 90 #
Proposal for a directive Recital 27 (27) The Commission should review the application of the Directive after a period of
Amendment 91 #
Proposal for a directive Recital 27 (27) The Commission should review the application of the Directive after a period of
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes a system for a common base for the taxation of certain companies and groups of companies
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes a system for a common base for the taxation of certain companies and groups of companies and lays down rules relating to the calculation
Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes a system for a common base for the taxation of certain companies and groups of companies and a minimum European rate of corporation tax and lays down rules relating to the calculation and use of that base.
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes an optional system for a common base for the taxation of certain companies and groups of companies and lays down rules relating to the calculation and use of that base.
Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 a (new) This directive establishes an EU corporation tax with a rate of 5% for companies not subject to Commission Recommendation 2003/361/EC of 6 May 2003, the revenue of which constitutes an additional own resource, applicable from the date of entry of this directive.
Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 a (new) For the purposes of the present Directive, ‘participating Member State’ shall mean a Member State participating in enhanced cooperation on a Common Consolidated Tax Base (CCTB)by virtue of Council Decision […] of […] authorising enhanced cooperation in the area of the Common Consolidated Corporate Tax Base (CCCTB).
Amendment 98 #
Proposal for a directive Article 2 – title Amendment 99 #
Proposal for a directive Article 2 – title source: PE-478.376
2011/12/15
IMCO
88 amendments...
Amendment 100 #
Article 126b Safeguard clause relating to actual rates of corporate taxation Member States shall refrain from adopting measures which reduce their actual rate of corporate taxation.
Amendment 101 #
Proposal for a directive Article 130 The European Parliament shall be informed of the adoption of delegated acts by the Commission of any objection formulated to them, or the revocation of the delegation of powers by the Council. Any future assessment of the instrument should be communicated to the European Parliament.
Amendment 102 #
Proposal for a directive Article 133 The Commission shall, five years after the entry into force of this Directive, review its application and report to the European Parliament and Council on the operation of this Directive. The report shall in particular include an analysis of
Amendment 103 #
Proposal for a directive Article 133 The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. In addition, the report must without fail contain an analysis of the impact of the Directive on local and regional communities.
Amendment 104 #
Proposal for a directive Article 133 The Commission shall, five years after the entry into force of this Directive, review its application and report to the European Parliament and to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. The report shall also include an analysis of the impact of the mechanism on the national economies and on the national tax systems.
Amendment 105 #
Proposal for a directive Article 133 a (new) Article 133a Pilot projects and visibility studies in the Member States By ...*, the Member States shall carry out pilot projects in order to test the real impact of the provisions of this Directive on the tax payers and tax authorities. They shall report the results of these pilot projects to the Commission, which will publish them in a uniform format and inform accordingly the European Parliament and Council. By ...**, the Member States shall carry out visibility studies in order to assess the real impact of the provisions concerning the consolidated tax base provided in Chapters IX to XII and XVI of this Directive on the public budgets. They shall report the results of these visibility studies to the Commission, which will publish them in a uniform format and inform accordingly the European Parliament and Council. _____________ * OJ: please insert the date: two years after the entry into force of this Directive. ** OJ: please insert the date: seven years after the entry into force of this Directive
Amendment 106 #
Proposal for a directive Article 134 – paragraph 1 – subparagraph 1 Member States shall adopt and publish,
Amendment 107 #
Proposal for a directive Article 134 – paragraph 1 – subparagraph 2 They shall apply those provisions
Amendment 20 #
Proposal for a directive Recital 1 (1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence of 27 diverse corporate tax systems. These obstacles and distortions impede the proper functioning of the internal market. They create disincentives for investment in the Union and run counter to the priorities set in the Communication adopted by the Commission on 3 March 2010 entitled Europe 2020 – A strategy for smart, sustainable and inclusive growth.
Amendment 21 #
Proposal for a directive Recital 4 (4) A system allowing companies to treat the Union as a single market for the purpose of corporate tax would facilitate cross-border activity for companies resident in the Union and would promote the objective of making the Union a more competitive location for investment
Amendment 22 #
Proposal for a directive Recital 4 (4) An optional system allowing companies to treat the Union as a single market for the purpose of corporate tax would facilitate cross-border activity for companies resident in the Union and would promote the objective of making the Union a more competitive location for investment internationally. Such a system would best be achieved by enabling groups of companies with a taxable presence in more than one Member State to choose to settle their tax affairs in the Union according to a single set of rules for calculation of the tax base and to deal with a single tax administration (‘one-stop-shop’). These rules should also be made available to entities subject to corporate tax in the Union which do not form part of a group.
Amendment 23 #
Proposal for a directive Recital 5 Amendment 24 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Common Consolidated Corporate Tax Base (CCCTB)) need not affect the discretion of Member States regarding their national rate(s) of company taxation. The Member States therefore also retain the power to adopt certain incentives for businesses in the sphere of taxes.
Amendment 25 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation do not give rise to the same obstacles,
Amendment 26 #
Proposal for a directive Recital 5 (5) Since differences in rates of taxation
Amendment 27 #
Proposal for a directive Recital 5 a (new) Amendment 28 #
Proposal for a directive Recital 6 a (new) (6a) Functioning of the CCCTB, according to this Directive, should result in a tax revenue-neutral impact on the Member States.
Amendment 29 #
Proposal for a directive Recital 6 b (new) (6b) In so far as the use of the CCCTB would affect the tax revenue of regional or local authorities, Member States will be free to take measures to remedy this in accordance with their constitutional systems and in a manner compatible with this Directive.
Amendment 30 #
Proposal for a directive Recital 8 Amendment 31 #
Proposal for a directive Recital 15 (15) Taxpayers should be allowed to carry losses forward
Amendment 32 #
Proposal for a directive Recital 16 (16) Eligibility for consolidation (group membership) should be determined in accordance with a two-part test based on (i) control (more than 50% of voting rights) and (ii) ownership (more than 75% of equity) or rights to profits (more than 75% of rights giving entitlement to profit). Such a test ensures a high level of economic integration between group members, as indicated by a relation of control and a high level of participation. The two thresholds should be met throughout the tax year; otherwise, the company should leave the group immediately. There should also be a
Amendment 33 #
Proposal for a directive Recital 20 (20) The system should include an effective general anti-abuse rule, supplemented by measures designed to curb specific types of abusive practices. These measures should include limitations on the deductibility of interest paid to associated enterprises resident for tax purposes in a low-tax country outside the Union which does not exchange information with the Member State of the payer based on an agreement comparable to Council Directive 2011/16/EU concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums
Amendment 34 #
Proposal for a directive Recital 21 a (new) (21a) As a new own resource and part of the drive towards fiscal union, and to enable reinforced solidarity with economically weaker regions, this Directive should establish a Union wide- corporation tax with a rate of 5% for companies not subject to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises1. ____________ 1 OJ L 124, 20.5.2003, p. 36.
Amendment 35 #
Proposal for a directive Recital 23 (23) Groups of companies should be able
Amendment 36 #
Proposal for a directive Recital 25 (25) In order to ensure uniform conditions for the implementation of this Directive as regards the annual adoption of a list of third country company forms which meet the requirements set out in this Directive, laying down rules on the calculation of the labour, asset and sales factors, the allocation of employees and payroll, assets and sales to the respective factor as well as the valuation of assets for the asset factor and the adoption of
Amendment 37 #
Proposal for a directive Recital 25 a (new) (25a) In order to ensure that the application of the system [the Common Consolidated Corporate Tax Base (CCCTB)] does not cause distortion in the way in which capital and profits are allocated within the Union, it is essential to limit disparities in corporate tax rates by introducing a minimum level of taxation for all Member States.
Amendment 38 #
Proposal for a directive Recital 25 a (new) (25a) The common rules on the calculation of the common tax base must not give rise to disproportionate administrative costs for companies, in order to avoid damaging their competitiveness.
Amendment 39 #
Proposal for a directive Recital 26 a (new) (26a) The analysis on the basis of the review clause should also include an examination of the optional character of the CCCTB and considerations of practicality for SMEs.
Amendment 40 #
Proposal for a directive Article 1 This Directive establishes a system for a common base for the taxation of certain companies and groups of companies and lays down rules relating to the calculation and use of that base. It also establishes rules on the setting of a minimum level of corporate taxation in Member States.
Amendment 41 #
Proposal for a directive Article 1 This Directive establishes a system for a common base for the taxation of certain companies and groups of companies
Amendment 42 #
Proposal for a directive Article 1 – paragraph 1 a (new) This Directive establishes a Union-wide corporation tax with a rate of 5% for companies not subject to Recommendation 2003/361/EC, the revenue of which constitutes an additional own resource, applicable from the date of entry into force of this Directive.
Amendment 43 #
Proposal for a directive Article 2 – title Amendment 44 #
Proposal for a directive Article 2 – title Amendment 45 #
Proposal for a directive Article 2 – paragraph 1 – introductory part 1. This Directive shall apply to companies established under the laws of a Member State where
Amendment 46 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (ba) the company has the status of a partnership.
Amendment 47 #
Proposal for a directive Article 3 – title Amendment 48 #
Proposal for a directive Article 4 – point 1 Amendment 49 #
Proposal for a directive Article 4 – point 1 (1) ‘taxpayer’ means a company which shall or has opted to apply, the system provided for by this Directive;
Amendment 50 #
Proposal for a directive Article 4 – point 3 (3) ‘non-taxpayer’ means a company which is
Amendment 51 #
Proposal for a directive Article 4 – point 3 (3) ‘non-taxpayer’ means a company which is
Amendment 52 #
Proposal for a directive Chapter 3 – title Amendment 54 #
Proposal for a directive Article 6 – paragraph -1 (new) -1. A company not subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State shall apply the system provided for by this Directive under the conditions provided for therein.
Amendment 55 #
Proposal for a directive Article 6 – paragraph 1 1. A company to which this Directive applies which is resident for tax purposes in a Member State
Amendment 56 #
Proposal for a directive Article 6 – paragraph 1 1. A company subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State may opt for the system provided for by this Directive under the conditions provided for therein.
Amendment 57 #
Proposal for a directive Article 6 – paragraph 2 2. A company to which this Directive applies which is not resident for tax purposes in a Member State
Amendment 58 #
Proposal for a directive Article 6 – paragraph 6 6. A company resident in a Member State which
Amendment 59 #
Proposal for a directive Article 6 – paragraph 7 7. A company resident in a third country which
Amendment 60 #
Proposal for a directive Article 6 a (new) Article 6a Possibility of opting out for Member States Member States may choose not to apply the provisions of this Directive.
Amendment 61 #
Proposal for a directive Article 7 Amendment 62 #
Proposal for a directive Article 11 – paragraph 1 – point c Amendment 63 #
Proposal for a directive Article 12 – paragraph 1 a (new) Deductible expenses shall also include recurrent costs arising from environmental protection and reduction of greenhouse gases.
Amendment 64 #
Proposal for a directive Article 14 – paragraph 1 – point j (j) taxes listed in Annex III
Amendment 65 #
Proposal for a directive Article 14 – paragraph 2 Amendment 66 #
Proposal for a directive Chapter 8 – title PROVISIONS ON ENTRY TO
Amendment 67 #
Proposal for a directive Article 44 When a taxpayer
Amendment 68 #
Proposal for a directive Article 46 – paragraph 1 Revenues and expenses which pursuant to Article 24(2) and (3) are considered to have accrued or been incurred before the taxpayer
Amendment 69 #
Proposal for a directive Article 47 – paragraph 1 1. Provisions, pension provisions and bad- debt deductions provided for in Articles 25, 26 and 27 shall be deductible only to the extent that they arise from activities or transactions carried out after the taxpayer
Amendment 70 #
Proposal for a directive Article 47 – paragraph 2 2. Expenses incurred in relation to activities or transactions carried out before the taxpayer
Amendment 71 #
Proposal for a directive Article 47 – paragraph 3 3. Amounts already deducted prior to
Amendment 72 #
Proposal for a directive Article 48 Amendment 73 #
Proposal for a directive Article 48 Where a taxpayer incurred losses before
Amendment 74 #
Proposal for a directive Article 49 Amendment 75 #
Proposal for a directive Article 50 Amendment 76 #
Proposal for a directive Article 51 Amendment 77 #
Proposal for a directive Article 52 Amendment 78 #
Proposal for a directive Article 53 Amendment 79 #
Proposal for a directive Article 57 – paragraph 2 a (new) 2a. Consolidation shall not take into account the years before the entry into force of this directive. Losses incurred before the entry into force of this directive cannot be consolidated.
Amendment 80 #
Proposal for a directive Article 57 a (new) Article 57a No retroactivity Consolidation shall apply only to taxable profits which accrue after the entry into force of this Directive.
Amendment 81 #
Proposal for a directive Article 57 a (new) Article 57a Carry-forward of losses Losses cannot be carried forward more than 5 years
Amendment 82 #
Proposal for a directive Article 58 – paragraph 2 2. Notwithstanding paragraph 1, a taxpayer shall become a member of a group on the date when the thresholds of Article 54 are reached. The thresholds must be met for at least
Amendment 83 #
Proposal for a directive Article 66 – point a (a) if the taxpayer
Amendment 84 #
Proposal for a directive Article 66 – point c Amendment 85 #
Proposal for a directive Article 73 – paragraph 1 – point a (a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than
Amendment 86 #
Proposal for a directive Article 73 – paragraph 1 – point a (a) a tax on profits, under the general
Amendment 87 #
Proposal for a directive Article 80 – paragraph 1 Artificial transactions carried out mainly for the
Amendment 88 #
Proposal for a directive Article 81 – paragraph 1 – point a (a) a tax on profits is provided for, under the general regime in the third country, at a statutory corporate tax rate lower than
Amendment 89 #
Proposal for a directive Article 81 – paragraph 3 Amendment 90 #
Proposal for a directive Article 82 – paragraph 1 – point b (b) under the general regime in the third country, profits are taxable at a statutory corporate tax rate lower than
Amendment 91 #
Proposal for a directive Article 94 – paragraph 1 1. Land and other non-depreciable fixed tangible assets shall be valued at their
Amendment 92 #
Proposal for a directive Article 104 Amendment 93 #
Proposal for a directive Article 104 – paragraph 3 3. The principal tax authority shall transmit the notice to opt immediately to the competent authorities of all Member States in which group members are resident or established. Those authorities may submit to the principal tax authority, within one month of the transmission, their views and any relevant information on the validity and scope of the notice to opt. Once the option has been accepted, the principal tax authority shall coordinate fiscal supervision in all Member States where members of the group are resident or established.
Amendment 94 #
Proposal for a directive Article 105 Amendment 95 #
Proposal for a directive Article 105 – paragraph 1 1. When the notice to opt has been accepted, a single taxpayer or a group, as the case may be, shall apply the system provided for by this Directive for five tax years. Following the expiry of that initial term, the single taxpayer
Amendment 96 #
Proposal for a directive Article 106 Amendment 97 #
Proposal for a directive Article 107 Amendment 98 #
Proposal for a directive Article 124 – paragraph 1 – subparagraph 1 – point a Amendment 99 #
Proposal for a directive Article 126 a (new) CHAPTER XVII A MINIMUM LEVEL OF CORPORATE TAXATION Article 126a Rules on setting corporate tax rates Member States shall set their national rates of corporate taxation in such a way that they are not more than 3% below the mean legal rate of corporate taxation applicable in the Member States. The mean statutory corporate tax rate applicable in the Member States shall be published by the Commission annually. It shall be calculated as an arithmetic mean.
source: PE-478.497
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