2011/0314(CNS) | [ParlTrack]

Proposal for a directive
Recital 4

(4) The ~~abolition~~replacement of all forms of taxation on interest and royalty payments in the Member State where they arise, whether collected by deduction at source or by assessment, by harmonised taxation at European level is the most appropriate means of eliminating the aforementioned formalities and problems and of ensuring the equality of tax treatment as between national and cross- border transactions; it is particularly necessary to ~~abolish~~put a harmonised tax regime in place of such taxes in respect of such payments made between associated companies of different Member States as well as between permanent establishments of such companies.

Amendment 11 #

Proposal for a directive
Recital 12

(12) It is moreover necessary ~~not to preclude Member States from taking appropriate measures to combat fraud or abuse~~to take appropriate measures to combat fraud, abuse, tax avoidance and tax evasion at both European and Member States' levels.

Amendment 12 #

Ivo STREJČEK

Proposal for a directive
Recital 12

(12) It is moreover necessary not to preclude Member States from taking appropriate measures to combat tax fraud, tax evasion or abuse.

Amendment 13 #

Proposal for a directive
Recital 20 a (new)

(20a) To ensure smooth and cost-efficient implementation of the provisions of this Directive, companies should prepare their annual accounts together with all relevant tax data in eXtensible Business Reporting Language (XBRL).

Amendment 14 #

Proposal for a directive
Article 1 – paragraph 1

1. Interest or royalty payments arising in a Member State shall be exempt from any taxes imposed on those payments in that Member State, whether by deduction at source or by assessment, provided that the beneficial owner of the interest or royalties is a company of another Member State or a permanent establishment situated in another Member State of a company of a Member State and is effectively subject to tax on the income deriving from those payments in that other Member State at a rate not lower than 70% of the average statutory corporate tax rate applicable in the Member States. Interest or royalty payments shall not be exempted in the Member State in which they arise if the payment is not taxable according to the national tax law to which the beneficial owner is subject to due to a different qualification of the payment (hybrid instruments) or a different qualification of the payer and recipient (hybrid entitites).

Amendment 15 #

Sven GIEGOLD

Proposal for a directive
Article 1 – paragraph 1

Amendment 16 #

Proposal for a directive
Article 1 – paragraph 5 a (new)

5a. If it is a taxpayer within the meaning of Article 4.1 of Council Directive on a Common Consolidated Corporate Base.

Amendment 17 #

Proposal for a directive
Article 2 – paragraph 1 – point d – point i

(i) the first company has a minimum holding of 1025 % in the capital of the second company, or

Amendment 18 #

Proposal for a directive
Article 2 – paragraph 1 – point d – point ii

(ii) the second company has a minimum holding of 1025 % in the capital of the first company, or

Amendment 19 #

Proposal for a directive
Article 2 – paragraph 1 – point d – point iii

(iii) a third company has a minimum holding of 1025 % both in the capital of the first company and in the capital of the second company.

Amendment 20 #

Ivo STREJČEK

Proposal for a directive
Article 4 – title

~~Fraud~~Tax fraud, tax evasion and abuse

Amendment 21 #

Ivo STREJČEK

Proposal for a directive
Article 4 – paragraph 2

2. Member States may, in the case of transactions for which the principal motive or one of the principal motives is tax fraud, tax evasion, or tax a~~voidance or abus~~buse, including some cases of tax avoidance, withdraw the benefits of this Directive or refuse to apply this Directive.

Amendment 22 #

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1(1) and (3), Article 2(c) and (d), and Annex I, Part A by 31 ~~January~~December 20123 at the latest . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive .

Amendment 23 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Companies shall prepare their annual accounts together with all relevant tax data in eXtensible Business Reporting Language (XBRL).

Amendment 24 #

Proposal for a directive
Article 7 – paragraph 1

By 31 December 20165, the Commission shall report to the European Parliament and the Council on the economic impact of this Directive.

Amendment 25 #

Proposal for a directive
Article 8 – paragraph 1

This Directive shall not affect the application of domestic or agreement- based provisions which go beyond the provisions of this Directive and are designed to eliminate or mitigate the double taxation and double non-taxation of interest and royalties.

Amendment 8 #

Proposal for a directive
Recital 1 a (new)

(1a) Persistent and considerable public deficits are closely linked to the current social, economic and financial crisis. At the same time, tax competition among Member States is an important factor impeding the sustainable consolidation of national budgets. Therefore the Commission should bring forward the timely introduction of a minimum rate for corporative taxes which should be set at 25 %. Such a minimum rate would decrease tax competition and therefore strengthen the freedom of Member States to tax corporations. Thus, the principle of subsidiarity would not be negatively affected.

Amendment 9 #