{"change_dates":[],"dossier":{"amendments":[{"authors":"Sander Loones","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-31","justification":"The justification given for this proposal is that it will address unfair tax avoidance. The aim is\nworthy, but can be achieved better by means of other, more proportionate and smarter action.\nIn addition to the harmful effect of the loss of fiscal autonomy inherent in the harmonisation\nof the corporate tax base, the consolidation and redistribution of taxable profits by the\nproposed distribution key will disadvantage small, modern economies.","location":[["Proposal for a directive","\u2013"]],"meps":[128717],"meta":{"created":"2019-07-03T06:13:33"},"new":["The European Parliament rejects the","Commission proposal."],"orig_lang":"nl","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-32","location":[["Proposal for a directive","\u2013"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:33"},"new":["The European Parliament rejects the","Commission proposal."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark, Brian Hayes","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-33","location":[["Proposal for a directive","\u2013"]],"meps":[38398,28124,118658],"meta":{"created":"2019-07-03T06:13:34"},"new":["The European Parliament rejects the","Commission proposal."],"old":["",""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Beatrix von Storch","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-34","location":[[" Proposal for a directive","\u2013"]],"meps":[124825],"meta":{"created":"2019-07-03T06:13:34"},"new":["The European Parliament rejects the","Commission proposal."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Ram\u00f3n J\u00e1uregui Atondo, Jon\u00e1s Fern\u00e1ndez","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-35","location":[[" Proposal for a directive","Recital 1"]],"meps":[97078,125046],"meta":{"created":"2019-07-03T06:13:34"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Finally, the mainstream digitalisation of","many sectors of the economy coupled to","the fast developing digital economy, based","on transactions making intensive use of","intangible assets that are sometimes very","difficult to value and compare with other","assets, questions the consistence of the","Union corporate tax models designed for","brick and mortar industries, to the extent","that valuation and calculation criteria","may be re-invented to fit 21st century","commercial activities. Although those","situations highlight shortcomings that are","completely different in nature, they both","create obstacles which impede the proper","functioning of the internal market. Action","to rectify these problems should therefore","address both these types of market","deficiencies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies.",""],"orig_lang":"es","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Bernard Monot","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-36","justification":" The aim of the Commission\u2019s proposal for a directive is to combat aggressive tax optimisation\n (which de facto, if not de jure, constitutes tax evasion) and not to establish the principle for\n starting to harmonise Member States\u2019 tax systems. The recital should not therefore seek to\n mix these two objectives, which are entirely independent of one another.","location":[["Proposal for a directive","Recital 1"]],"meps":[124761],"meta":{"created":"2019-07-03T06:13:34"},"new":["(1) Companies which seek to do","business across frontiers have put in place","tax planning structures which have become","ever-more sophisticated over time, as they","develop across various jurisdictions and","effectively take advantage of the","technicalities of a tax system or of","mismatches between two or more tax","systems for the purpose of reducing the tax","liability of companies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles","which impede the proper functioning of","the internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"fr","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-37","location":[[" Proposal for a directive","Recital 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:34"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market and create distortion","between large companies and small and","medium enterprises. Action to rectify","these problems should therefore address","both these types of market deficiencies. If","this proposal does not result in an","agreement eliminating the distortion in","question, the European Commission","should issue a new proposal based on","Article116 of the Treaty on the","Functioning of the European Union,","whereby the European Parliament and","the Council, act in accordance with the","ordinary legislative procedure to issue the","necessary directives."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies.","",""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-38","location":[["Proposal for a directive","Recital 1"]],"meps":[125002,96857,124870,24505,1985,96836,4533,125020],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Digitisation greatly facilitates cross","border business. Removing barriers to the","Single Market, including tax barriers, and","creating a more favourable business","environment through neutral, simplified","and coordinated tax rules is therefore","more important than ever. Current rules","may need to be adapted to respond to the","digitalisation of our economy. Although","those situations highlight shortcomings that","are completely different in nature, they","create obstacles which impede the proper","functioning of the internal market. Action","to rectify these problems should therefore","address both these types of market","deficiencies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Alfred Sant, Costas Mavrides","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-39","location":[[" Proposal for a directive","Recital 1"]],"meps":[124781,124691],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1) Tax systems across the Union","should be encouraged to remain","competitive when this contributes to","making the economy more attractive for","investment and thus allowing for the","preservation of a favourable fiscal","environment for companies.","Concomitantly, companies which seek to","do business across frontiers within the","Union encounter serious obstacles and","market distortions owing to the existence","and interaction of 28 disparate corporate","tax systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Esther de Lange, Gunnar H\u00f6kmark, Brian Hayes","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-40","location":[[" Proposal for a directive","Recital 1"]],"meps":[38398,28124,118658],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","types of market deficiencies without","foregoing the fact that taxation is a","national competence and without leading","to de facto automatic transfers of tax","revenues between Member States."],"old":["(1) Companies which seek to do","","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-41","location":[["Proposal for a directive","Recital 1"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","aggressive, complex and harmful over","time, as they develop across various","jurisdictions and effectively take advantage","of the technicalities of a tax system or of","mismatches between two or more tax","systems for the purpose of reducing the tax","liability of companies. Although those","situations highlight shortcomings that are","completely different in nature, they both","create obstacles and distortions which","grant multinational companies an unfair","competitive advantage over small and","medium enterprises and impede the proper","functioning of the internal market. Action","to rectify these problems should therefore","address both these types of market","deficiencies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-42","location":[[" Proposal for a directive","Recital 1"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies while","respecting the principle of tax neutrality","but also the free movement of services in","the European Single Market."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Bernd Lucke","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-43","location":[["Proposal for a directive","Recital 1"]],"meps":[124820],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of deficiencies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark, Brian Hayes","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-44","location":[["Proposal for a directive","Recital 1 a (new)"]],"meps":[38398,28124,118658],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1a) Companies, both big and small,","which seek to do business irrespective of","their location in the Union need first and","foremost long-term legal clarity and","certainty in order to stimulate (long-term)","investments. Member States who are able","to provide legally sound, long-term legal","clarity and certainty will always be an","attractive location for companies to","operate from."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-45","location":[[" Proposal for a directive","Recital 1 a (new)"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1a) Tax policy and the ability to set","corporate tax rates remains a national","competence. While administrative","simplification of corporate taxation","systems may lead to greater efficiencies,","the likely impact of a common","consolidated tax base is an intrusion into","Member States' tax policy and their ability","to set corporate tax rates into the future."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-46","location":[[" Proposal for a directive","Recital 1 a (new)"]],"meps":[28124],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1a) Taxation is a national competence,","dependent on the political view and","actions of governments and parliaments,","based upon fiscal policies and political","aspirations regarding public spending."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-47","location":[["Proposal for a directive","Recital 1 b (new)"]],"meps":[28124],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1b) It is the responsibility of the tax","authority in every nation in cooperation","with each other to secure that taxes are","paid and to define where taxes shall be","paid dependent on the character of the","business."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark, Brian Hayes","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-48","location":[["Proposal for a directive","Recital 1 b (new)"]],"meps":[38398,28124,118658],"meta":{"created":"2019-07-03T06:13:35"},"new":["(1b) Corporate tax rates within the","Union paint a very diffuse picture of the","different levels of tax burdens on","companies. Effective tax rates, however,","show different and in some cases even","opposite results."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-49","location":[["Proposal for a directive","Recital 2"]],"meps":[4246],"meta":{"created":"2019-07-03T06:13:35"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. That principle should also","apply to new and innovative business","models in the digital era. It should","therefore be ensured that companies that","generate profits in a Member State in","which they do not have a physical","establishment but do have a digital","presence are treated in the same way as","companies having a physical","establishment in the country concerned.","Accordingly, the concept of \u2018digital","establishment\u2019 should be defined where","there is a significant digital presence, and","the Common Consolidated Corporate Tax","Base (CCCTB) should also include digital","activities. It is necessary to provide for","mechanisms that discourage companies","from taking advantage of mismatches","amongst national tax systems in order to","lower their tax liability. It is equally","important to also stimulate growth and","economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-50","location":[[" Proposal for a directive","Recital 2"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:36"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate double non-taxation","risks in the Union through eradicating","disparities in the interaction of national","corporate tax systems."],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double","taxation and double non-taxation risks in","the Union through eradicating disparities in","the interaction of national corporate tax","systems. At the same time, companies","need an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of","discrimination should also be removed."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-51","location":[["Proposal for a directive","Recital 2"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:36"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. At the same","time, a corporate tax environment in the","Union must be competitive and allow","Member States to define their own","national corporate tax system in order to","attract and keep investment in the Union.","To this end, it is necessary to eliminate","both double taxation and double non-","taxation risks in the Union through","eradicating disparities in the interaction of","national corporate tax systems. At the same","time, companies need an easily workable","tax and legal framework for developing","their commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Zanni","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-52","location":[[" Proposal for a directive","Recital 2"]],"meps":[124780],"meta":{"created":"2019-07-03T06:13:36"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated by providing for effective","taxation mechanisms based on tangible","data that is hard to transfer or conceal,","such as sales revenue and staff numbers","employed. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"orig_lang":"it","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-53","location":[["Proposal for a directive","Recital 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:36"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated and where they have economic","substance. It is therefore necessary to","provide for mechanisms that prohibit","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-54","location":[[" Proposal for a directive","Recital 2"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:36"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate double taxation","risks in the Union through tackling","disparities in the interaction of national","corporate tax systems. At the same time,","companies need an easily workable tax and","legal framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double","taxation and double non-taxation risks in","the Union through eradicating disparities","in the interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","","","should also be removed."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Alfred Sant, Costas Mavrides","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-55","location":[["Proposal for a directive","Recital 2 a (new)"]],"meps":[124781,124691],"meta":{"created":"2019-07-03T06:13:36"},"new":["(2a) Moreover, diversity of tax regimes","may attract foreign investors to invest","their funds in peripheral countries,","regions and islands. Thus, diversity of tax","regimes allows these regions to draw cross","border investments that would otherwise","locate elsewhere. As such, diversity of tax","regimes is accepted as reasonable, useful","and sustainable for peripheral regions, in","order to stimulate job creation and new","economic activities."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-56","location":[["Proposal for a directive","Recital 3"]],"meps":[38398,28124],"meta":{"created":"2019-07-03T06:13:36"},"new":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7 , a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally. The","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","within the Union. In addition to that","objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes, albeit only if and","when the formula for consolidation is","able to encompass all forms of tangible","and intangible economic activity. In this","light, the initiative for a CCCTB should be","re-launched in order to address, on an","equal footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Such an","approach would best serve the aim of","eradicating distortions in the functioning of","the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"old":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7 , a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally. The","","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","within the Union. In addition to that","objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes. In this light, the","initiative for a CCCTB should be re-","launched in order to address, on an equal","footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Such an","approach would best serve the aim of","eradicating distortions in the functioning of","the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-57","location":[[" Proposal for a directive","Recital 3"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:36"},"new":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7, a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally, and","remove obstacles that impede the proper","functioning of the internal market,","without harmonizing corporate tax rates.","The proposal of 2011 for a CCCTB","focussed on the objective of facilitating the","expansion of commercial activity for","businesses within the Union. In addition to","that objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes. In this light, the","initiative for a CCCTB should be re-","launched in order to address, on an equal","footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Such an","approach would best serve the aim of","eradicating distortions in the functioning of","the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"old":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7 , a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","","location for investment internationally. The","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","within the Union. In addition to that","objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes. In this light, the","initiative for a CCCTB should be re-","launched in order to address, on an equal","footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Such an","approach would best serve the aim of","eradicating distortions in the functioning of","the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-58","location":[["Proposal for a directive","Recital 3"]],"meps":[125002,96857,124870,24505,1985,96836,4533,125020],"meta":{"created":"2019-07-03T06:13:36"},"new":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7, a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally. The","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","within the Union. In addition to that","objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes. In this light, the","initiative for a CCCTB should be re-","launched in order to address, on an equal","footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Once","implemented in all Member States, the","CCCTB would ensure that taxes are paid","where profits arise. Such an approach","would best serve the aim of eradicating","distortions in the functioning of the internal","market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"old":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7 , a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally. The","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","within the Union. In addition to that","objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes. In this light, the","initiative for a CCCTB should be re-","launched in order to address, on an equal","footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Such an","approach would best serve the aim of","eradicating distortions in the functioning of","the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-59","location":[[" Proposal for a directive","Recital 3"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:36"},"new":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB), a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally. The","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","which are subject to corporate tax within","the Union. In addition to that objective, it","should also be taken into account that a","CCCTB can be effective in improving the","functioning of the internal market through","countering tax avoidance schemes. In this","light, the initiative for a CCCTB should be","re-launched in order to address the","initiative's function in countering tax","avoidance. Such an approach would best","serve the aim of eradicating distortions in","the functioning of the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"old":["(3) As pointed out in the proposal of 16","March 2011 for a Council Directive on a","Common Consolidated Corporate Tax","Base (CCCTB)7, a corporate tax system","which treats the Union as a single market","for the purpose of computing the corporate","tax base of companies would facilitate","","cross-border activity for companies","resident in the Union and promote the","objective of making it a more competitive","location for investment internationally. The","proposal of 2011 for a CCCTB focussed on","the objective of facilitating the expansion","of commercial activity for businesses","within the Union. In addition to that","objective, it should also be taken into","account that a CCCTB can be highly","effective in improving the functioning of","the internal market through countering tax","avoidance schemes. In this light, the","initiative for a CCCTB should be re-","launched in order to address, on an equal","footing, both the aspect of business","facilitation and the initiative's function in","countering tax avoidance. Such an","approach would best serve the aim of","eradicating distortions in the functioning of","the internal market.","__________________","7","Proposal for a Council Directive COM","(2011) 121 final/2 of 3.10.2011 on a","Common Consolidated Corporate Tax","Base."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Pervenche Ber\u00e8s, Hugues Bayet, Paul Tang, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Peter Simon","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-60","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[1985,125002,125020,96857,124870,96836],"meta":{"created":"2019-07-03T06:13:37"},"new":["(3a) The European Commission, in its","communication to the European","Parliament and the Council of 21","September 2017 entitled \"A fair and","efficient tax system in the European","Union for the Digital Single Market\",","believes that the CCCTB offers the basis","to address the tax challenges posed by the","digital economy."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-61","location":[[" Proposal for a directive","Recital 3 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:37"},"new":["(3a) In addition, improving the internal","market is the key factor for encouraging","growth and job creation. The introduction","of a CCCTB should improve growth and","lead to more jobs in the Union by","reducing the administrative costs for","companies, particularly for small","businesses operating in several Member","States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-62","location":[[" Proposal for a directive","Recital 3 a (new)"]],"meps":[124986],"meta":{"created":"2019-07-03T06:13:37"},"new":["(3a) The ability to set tax rates and","control tax collection systems must","remain in the hands of Member States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-63","location":[["Proposal for a directive","Recital 3 b (new)"]],"meps":[124986],"meta":{"created":"2019-07-03T06:13:37"},"new":["(3b) The adoption of proposals relating","to taxation must continue to be made","according to the principle of unanimity in","the Council."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Matt Carthy, Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-64","location":[["Proposal for a directive","Recital 3 c (new)"]],"meps":[124986,124858],"meta":{"created":"2019-07-03T06:13:37"},"new":["(3c) For unitary taxation to work as a","means to end profit-shifting it needs to be","global, and that implementing the CCCTB","at an EU level runs the risk that current","losses from EU members to the rest of","world could be locked in, as could the","exploitation of the rest of the world by","some Member States. An EU-only","approach could eliminate the incentives to","profit shift within the EU, but exacerbate","the incentives and opportunity to profit","shift out of the EU. For this reason full-","inclusion CFC rules should apply. No","income arising from economic activity","undertaken by the CFC should be","exempted."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Lud\u011bk Niedermayer","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-65","location":[["Proposal for a directive","Recital 4"]],"meps":[124701],"meta":{"created":"2019-07-03T06:13:37"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is advisable to","ensure simultaneous entry into force of","the Directive on a Common Corporate Tax","Base and this Directive as long as the","application of the CCTB is not delayed or","conditioned by finalization of the CCCTB.","Because this change of regime is a","significant step in the completion of the","internal market it needs flexibility in","order to be properly executed from its","start onwards. Hence, as the internal","market encompasses all Member States,","the 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 open at any time to","any Member State in accordance with the","Treaty on the Functioning of the","European Union. In order to allow","adjustment of the CCCTB regime to the","constant evolving international and","European tax agenda and policies, the","European Parliament should produce a","yearly assessment and invite, where","needed, the European Council to adopt","the procedure of article 48 paragraph 7 of","the Treaty on European Union. Under","this scheme, the European Council would","authorise the Council of the European","Union to vote at qualified majority on any","change needed for CCCTB on the basis of","a resolution of the European Parliament."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative","into two separate proposals. At a first","stage, rules on a common corporate tax","base should be agreed, before addressing,","at a second stage, the issue of","consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Bernd Lucke","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-66","location":[["Proposal for a directive","Recital 4"]],"meps":[124820],"meta":{"created":"2019-07-03T06:13:37"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is useful to divide","the ambitious CCCTB initiative into two","separate proposals. At a first stage, rules on","a common corporate tax base should be","agreed, before addressing, at a second","stage, the issue of consolidation. Because","these changes of regimes are significant","steps in the completion of the internal","market they need flexibility in order to be","properly executed. Hence, as the internal","market encompasses all Member States,","they should be introduced in all Member","States. However, if the Council fails to","adopt unanimous decision on either step","to establish a CCCTB, it is appropriate to","initiate, without delay, the procedure for a","Council decision authorising enhanced","cooperation in the area of CCTB and","CCCTB."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-67","location":[["Proposal for a directive","Recital 4"]],"meps":[38398],"meta":{"created":"2019-07-03T06:13:37"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation.","Whereas (partial) harmonisation of the","corporate tax base across the Union could","be beneficial to businesses and also help","in the fight against tax avoidance by","dealing with (hybrid) mismatches between","two or more corporate tax regimes, it also","has the potential to put more emphasis on","competition between Member States based","solely on the corporate tax rate, leading to","an intensified 'race to the bottom'."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-68","location":[[" Proposal for a directive","Recital 4"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:37"},"new":["(4) In order to make the tax system, on","the one hand, friendlier to trade and","investment and, on the other hand, more","resilient to tax avoidance schemes, it is","necessary for both of the present proposals","for directives to be negotiated in parallel","and enter into force at the same time."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-69","location":[["Proposal for a directive","Recital 4"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:37"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation.","But implementing the CCTB without","consolidation would not tackle the","problem of profit shifting. Therefore, it is","essential that the consolidation is applied","in all Member States from 31 December","2019."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-70","location":[["Proposal for a directive","Recital 4"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","implement the legislative proposal on a","Common Corporate Tax Base (CCTB) and","on a Common Consolidated Corporate","Tax Base (CCCTB) simultaneously, as","loss consolidation has potentially large","and immediate revenue costs, with no","likely offsetting benefits approaching","anything like the same scale. Loss","consolidation without a contemporary","move to a unitary basis would thus be","illogical, and also costly."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative","into two separate proposals. At a first","stage, rules on a common corporate tax","base should be agreed, before addressing,","at a second stage, the issue of","consolidation.",""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Zanni","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-71","location":[[" Proposal for a directive","Recital 4"]],"meps":[124780],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals, while at the same","time guaranteeing that they enter into","force simultaneously."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"it","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Ram\u00f3n J\u00e1uregui Atondo, Jon\u00e1s Fern\u00e1ndez","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-72","location":[[" Proposal for a directive","Recital 4"]],"meps":[97078,125046],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals, even though rules","on the tax base and consolidation should","be addressed in parallel, without ruling","out, if necessary, making use of the","enhanced cooperation procedure in the","event that one or more Member States","prevent the Council from reaching a","unanimous agreement."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"es","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Matt Carthy, Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-73","location":[["Proposal for a directive","Recital 4"]],"meps":[124986,124858],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Dividing the CCCTB initiative into","two separate proposals is likely to result in","significant declines in corporate tax bases","across the EU; if loss consolidation were","to be implemented with no switch to","unitary taxation and formulary","apportionment at the same time the","revenue impact would be dramatic and","immediate; and any possible gains would","be gradual and quite likely small in","comparison."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and","investment and, on the other hand, more","resilient to tax avoidance schemes, it is","necessary to divide the ambitious CCCTB","initiative into two separate proposals. At a","first stage, rules on a common corporate","tax base should be agreed, before","addressing, at a second stage, the issue of","consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-74","location":[["Proposal for a directive","Recital 4"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is crucial to achieve","an ambitious CCCTB with full","consolidation; to this end the two separate","proposals should move in parallel and be","implemented at the same time."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-75","location":[[" Proposal for a directive","Recital 4"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to deal","with the CCTB and CCCTB proposals in","parallel. Rules on a common corporate tax","base should enter into application, at the","same time as the consolidation."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative","into two separate proposals. At a first","stage, rules on a common corporate tax","base should be agreed, before addressing,","at a second stage, the issue of","consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-76","location":[[" Proposal for a directive","Recital 4"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4) Considering the need to support a","proper functioning of the internal market","by making it, on the one hand, friendlier to","trade and investment and, on the other","hand, more resilient to tax avoidance","schemes, it is necessary to divide the","ambitious CCCTB initiative into two","separate proposals. At a first stage, rules on","a common corporate tax base should be","agreed, before addressing, at a second","stage, the issue of consolidation."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be agreed, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-77","location":[["Proposal for a directive","Recital 4 a (new)"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:38"},"new":["(4a) It should be considered that no","sufficiently detailed impact assessment","has been conducted on either the CCTB","or CCCTB proposals. To understand the","true impact of the proposals, particularly","in terms of the impact on Member States'","corporate tax revenue, it is necessary for a","detailed impact assessment to be","conducted on a country-by-country basis,","which considers all different national","systems of corporate tax collection."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-78","location":[["Proposal for a directive","Recital 5"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:38"},"new":["deleted"],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-","border context, which implies that the","participating groups of companies possess","","a minimum of resources. On this premise,","for reasons of proportionality, the rules","on a CCCTB should be mandatory only","for groups of companies of a substantial","size. For that purpose, a size-related","threshold should be fixed on the basis of","the total consolidated revenue of a group","which files consolidated financial","statements. In addition, in order to better","serve the aim of facilitating trade and","investment in the internal market, the","rules on a CCCTB should also be","available, as an option, to those groups","that fall short of the size-related","threshold."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-79","location":[[" Proposal for a directive","Recital 5"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:38"},"new":["deleted"],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-","border context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules","on a CCCTB should be mandatory only","for groups of companies of a substantial","size. For that purpose, a size-related","threshold should be fixed on the basis of","the total consolidated revenue of a group","which files consolidated financial","statements. In addition, in order to better","serve the aim of facilitating trade and","investment in the internal market, the","rules on a CCCTB should also be","available, as an option, to those groups","that fall short of the size-related","threshold."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-80","location":[["Proposal for a directive","Recital 5"]],"meps":[125002,124870,24505,1985,96836,4533,125020],"meta":{"created":"2019-07-03T06:13:38"},"new":["deleted"],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-","border context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules","on a CCCTB should be mandatory only","for groups of companies of a substantial","size. For that purpose, a size-related","threshold should be fixed on the basis of","the total consolidated revenue of a group","which files consolidated financial","statements. In addition, in order to better","serve the aim of facilitating trade and","investment in the internal market, the","rules on a CCCTB should also be","available, as an option, to those groups","that fall short of the size-related","threshold."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Brian Hayes, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-81","location":[["Proposal for a directive","Recital 5"]],"meps":[118658,96876,28124],"meta":{"created":"2019-07-03T06:13:38"},"new":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a CCCTB should be optional for all groups","of companies."],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","","a CCCTB should be mandatory only for","groups of companies of a substantial size.","For that purpose, a size-related threshold","should be fixed on the basis of the total","consolidated revenue of a group which","files consolidated financial statements. In","addition, in order to better serve the aim","of facilitating trade and investment in the","internal market, the rules on a CCCTB","should also be available, as an option, to","those groups that fall short of the size-","related threshold."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-82","location":[[" Proposal for a directive","Recital 5"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:38"},"new":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a CCCTB should be mandatory only for","groups of companies of a substantial size.","For that purpose, a size-related threshold","should be fixed on the basis of the total","consolidated revenue of a group which","files consolidated financial statements. In","addition, in order to better serve the aim of","facilitating trade and investment in the","internal market, the rules on a CCCTB","should also be available, as an option, to","those groups that fall short of the size-","related threshold. Five years after the","entry into force of this Directive, the","Commission shall, in its review, assess the","impact of making this system mandatory","for all companies and, if appropriate,","issue a legislative proposal to amend this","Directive accordingly."],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a CCCTB should be mandatory only for","groups of companies of a substantial size.","For that purpose, a size-related threshold","should be fixed on the basis of the total","consolidated revenue of a group which","files consolidated financial statements. In","addition, in order to better serve the aim of","facilitating trade and investment in the","internal market, the rules on a CCCTB","should also be available, as an option, to","those groups that fall short of the size-","related threshold.",""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-83","location":[["Proposal for a directive","Recital 5"]],"meps":[38398,28124],"meta":{"created":"2019-07-03T06:13:38"},"new":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a CCCTB should be mandatory only for","groups of companies of a substantial size.","For that purpose, a size-related threshold","should be fixed on the basis of the total","consolidated revenue of a group which","files consolidated financial statements. In","addition, in order to better serve the aim of","facilitating trade and investment in the","internal market, the rules on a CCCTB","should also be available, as an option, to","those groups that fall short of the size-","related threshold. It is important, however,","to realise that giving the ability to","companies to choose between the","harmonised rules and the rules of","national tax laws can create new","possibilities for tax avoidance."],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a CCCTB should be mandatory only for","groups of companies of a substantial size.","For that purpose, a size-related threshold","should be fixed on the basis of the total","consolidated revenue of a group which","files consolidated financial statements. In","addition, in order to better serve the aim of","facilitating trade and investment in the","internal market, the rules on a CCCTB","should also be available, as an option, to","those groups that fall short of the size-","related threshold."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Ram\u00f3n J\u00e1uregui Atondo, Jon\u00e1s Fern\u00e1ndez","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-84","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[97078,125046],"meta":{"created":"2019-07-03T06:13:38"},"new":["(5a) All things being equal the switch","to a common consolidated corporate tax","base may result in loss or gain of fiscal","revenues for Member States. In order to","compensate losses, a temporary","compensation fund is created, financed","with the fiscal surplus from Member","States with gain in fiscal revenue, due to","the new regime. Compensation will be","adjusted each year to take into account","possible national or regional decisions","taken prior to the entry into force of the","directive. The Commission should be","required to propose the removal or the","change of the compensation system after","a period of five years, and to set the","ceilings for compensation."],"orig_lang":"es","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-85","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5a) For reasons of proportionality, the","rules for the CC and CCCTB should in a","first step only be mandatory for","companies which belong to a group above","a certain size. For that purpose, a size-","related threshold should be fixed on the","basis of the total consolidated revenue of","a group which files consolidated financial","statements. In addition, to ensure","coherence between the two steps of the","CCCTB initiative, the rules on a common","base should be mandatory for companies","which would be considered as a group.","After a transitional period of several","years, the new rules should be compulsory","for all companies."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Bernd Lucke","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-86","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[124820],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5a) All things being equal the switch","to a common consolidated corporate tax","base may result in loss or gain of fiscal","revenues for Member States. In order to","compensate losses, a temporary","compensation fund is created, financed","with the fiscal surplus from Member","States with gain in fiscal revenue, due to","the new regime. Compensation will be","based on an assessment of the tax","revenues that would have been obtained if","the tax laws as of 31 December 2016 had","been applicable. The compensation fund","expires five years after entry into force of","this Directive, unless the Council","unanimously decides otherwise."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-87","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5a) One of the main problems","encountered by the tax authorities is the","impossibility of gaining access in due time","to comprehensive and relevant","information about MNEs' tax planning","strategies. Such information should be","made publicly available, in order for tax","authorities to react quickly to tax risks, by","assessing those risks more effectively,","targeting checks and alerting about","changes required to the legislation in","force."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"87","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-88","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[183022],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5a) In order to avoid the existing","breakdown of the tax effort between small","and medium enterprises (SMEs) and","Multinational Corporations (MNCs) as","mentioned in the European Parliament","resolution of 25 November 2015 on tax","rulings and other measures similar in","nature or effect (2015/2066(INI)), a","common corporate tax base should not","put SMEs at a competitive disadvantage,","enhancing a level playing field for SME's."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"88","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Alfred Sant, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-89","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[125002,96857,124870,24505,1985,96836,124781,4533,125020],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5a) Taking into account the digital","change in the business environment, it is","necessary to define the concept of a digital","business establishment. Companies which","raise revenues in a Member State without","having a physical establishment in that","Member State have to be treated in the","same way as companies with a physical","establishment."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"89","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-90","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5a) Aggressive tax planning by","multinational companies is a global","problem that requires a global solution.","The ideal way to tackle this problem is on","an internationally agreed basis through","the OECD Base Erosion and Profit","Shifting (BEPS) initiative."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"90","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-91","location":[["Proposal for a directive","Recital 5 b (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5b) In order to create a level playing","field and to eliminate tax competition and","the resulting race to the bottom as regards","corporate taxation levels, minimum","effective corporate tax rate should be","introduced in parallel of the common","consolidated corporate tax base so as to","avoid transferring unfair competition on","the tax base to unfair competition on the","tax rates. This Directive therefore sets a","minimum corporate tax rate at 20% in","each Member State, applicable two years","after the date of implementation of the","present Directive, with a possibility for","Member States to extend this deadline up","to five years subject to a prior","authorisation by the Commission."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"91","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-92","location":[[" Proposal for a directive","Recital 5 b (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5b) The principal tax authority will","provide SME's with the necessary tools","that will help them to comply with the","administrative and organisational","requirements that an opt-in to the CCCTB","entails."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"92","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-93","location":[[" Proposal for a directive","Recital 5 b (new)"]],"meps":[124858],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5b) In order to put a halt to the","detrimental race to the bottom in tax rates","across the EU, the Commission should","put forward a proposal ensuring a","minimum effective corporate tax rate of","25% across Member States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"93","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-94","location":[["Proposal for a directive","Recital 5 c (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:39"},"new":["(5c) A severe lack in investments has","been one of the root causes of the Union","economic troubles but the Union budget is","still insufficiently geared towards future-","oriented investments. Creating additional","Union budget related resources is possible","according to the existing flexibilities of","the Treaty. This proposal therefore","includes the objective to have a part of the","EU fiscal revenues financed from the","common consolidated corporate tax base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"94","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Matt Carthy, Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-95","location":[["Proposal for a directive","Recital 6"]],"meps":[124986,124858],"meta":{"created":"2019-07-03T06:13:39"},"new":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a test based on (i) control (more than","25percent of voting rights) and (ii)","ownership (more than 50 percent of equity)","or rights to profits (more than 50 percent of","rights giving entitlement to profit). Control","may also exist where there are agreements","with fellow shareholders or members.","Control may also be effectively exercised","in certain circumstances where the parent","holds a minority or none of the shares in","the subsidiary. Member States should be","entitled to require that undertakings not","subject to control, but which are managed","on a unified basis or have a common","administrative, managerial or supervisory","body, be included in consolidated","financial statements. To guarantee the","integrity of the system, the thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"old":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-part test based on (i) control","(more than 50 percent of voting rights) and","(ii) ownership (more than 75 percent of","equity) or rights to profits (more than 75","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the two thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"95","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-96","location":[[" Proposal for a directive","Recital 6"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:40"},"new":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-part test based on (i) control","(more than 25 percent of voting rights) and","(ii) ownership (more than 50 percent of","equity) or rights to profits (more than 50","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the two thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"old":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-part test based on (i) control","(more than 50 percent of voting rights) and","(ii) ownership (more than 75 percent of","equity) or rights to profits (more than 75","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the two thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"96","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-97","location":[["Proposal for a directive","Recital 6"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:40"},"new":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-criteria test based on (i) control","(more than 50 percent of voting rights) or","(ii) ownership (more than 75 percent of","equity) or rights to profits (more than 75","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the criteria for control or","ownership or profit rights should be met","throughout the tax year; otherwise, the","failing company should leave the group","immediately. To prevent a manipulation of","the tax results through companies entering","and leaving the group within a short-term,","there should also be a minimum","requirement of nine consecutive months for","establishing group membership."],"old":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-part test based on (i) control","(more than 50 percent of voting rights) and","(ii) ownership (more than 75 percent of","equity) or rights to profits (more than 75","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the two thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-98","location":[["Proposal for a directive","Recital 6"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:40"},"new":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-part test based on (i) control","(more than 50 percent of voting rights) and","(ii) ownership (more than 75 percent of","equity) or rights to profits (more than 50","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the two thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"old":["(6) Eligibility for the consolidated tax","group should be determined in accordance","with a two-part test based on (i) control","(more than 50 percent of voting rights) and","(ii) ownership (more than 75 percent of","","equity) or rights to profits (more than 75","percent of rights giving entitlement to","profit). Such a test would ensure a high","level of economic integration between","group members. To guarantee the integrity","of the system, the two thresholds for","control and ownership or profit rights","should be met throughout the tax year;","otherwise, the failing company should","leave the group immediately. To prevent a","manipulation of the tax results through","companies entering and leaving the group","within a short-term, there should also be a","minimum requirement of nine consecutive","months for establishing group membership."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-99","location":[[" Proposal for a directive","Recital 6 a (new)"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:40"},"new":["(6a) Taxing the digital economy at a","global level has been a number one","priority in the OECD BEPS Action Plan.","Therefore, any attempt made to impose a","new tax on the digital economy at EU","level could put Europe at a mismatch to","the rest of the world given that the digital","economy is global in nature. As part of","the OECD BEPS Action Plan, a report","with recommendations on taxing the","digital economy at a global level will be","published in Spring 2018; any decision to","plan for a tax on the digital economy at","an EU level in advance of this report","would be unnecessary and premature."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-100","location":[["Proposal for a directive","Recital 7"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:40"},"new":["(7) Rules on business reorganisations","should ensure that the effect of such","reorganisations on the existing taxing","rights of Member States is kept to a","minimum. Each time that a company joins","a group, the Member States where other","group members are resident for tax","purposes or situated should therefore not","bear the extra cost of losses that the","company incurred under the rules of","another corporate tax system which applied","to that company prior to the rules of this","Directive. Accordingly, losses incurred by","a group member during the period of","consolidation should not exclusively be","allocated to that group member but be","shared across the group instead. In the case","of more extensive reorganisations, where","more than one company is leaving a loss-","making group, it would be essential to fix a","threshold, in order to determine under","which conditions companies should no","longer be leaving a loss-making group","without being allocated any losses to carry","forward. A similar adjustment should be","made in respect of capital gains resulting","from the disposal of certain assets within a","short period after those assets joined, or","departed from, a group alongside a joining","or leaving company. In these cases, the","Member State(s) where these gains accrued","should be given the right to tax them,","despite the fact that the assets may no","longer be under their taxing jurisdiction.","The tax treatment of capital gains","engrained in self-generated intangible","assets calls for a customised approach,","since these assets are often not registered","on a company\u2019s financial accounts and","since there does not seem to be a way to","precisely calculate their value. Accrued","capital gains should therefore be assessed","on the basis of a suitable proxy, namely the","costs for research and development and for","marketing and advertising over a specific","period."],"old":["(7) Rules on business reorganisations","should ensure that the effect of such","reorganisations on the existing taxing","rights of Member States is kept to a","minimum. Each time that a company joins","a group, the Member States where other","group members are resident for tax","purposes or situated should therefore not","bear the extra cost of losses that the","company incurred under the rules of","another corporate tax system which applied","to that company prior to the rules of this","Directive. Pre-consolidation trading losses","of a company joining a group should thus","be carried forward to be set off against","that company's apportioned share.","Accordingly, losses incurred by a group","member during the period of consolidation","should not exclusively be allocated to that","group member but be shared across the","group instead. In the case of more","extensive reorganisations, where more than","one company is leaving a loss-making","group, it would be essential to fix a","threshold, in order to determine under","which conditions companies should no","longer be leaving a loss-making group","without being allocated any losses to carry","forward. A similar adjustment should be","made in respect of capital gains resulting","from the disposal of certain assets within a","short period after those assets joined, or","departed from, a group alongside a joining","or leaving company. In these cases, the","Member State(s) where these gains accrued","should be given the right to tax them,","despite the fact that the assets may no","longer be under their taxing jurisdiction.","The tax treatment of capital gains","engrained in self-generated intangible","","assets calls for a customised approach,","since these assets are often not registered","on a company\u2019s financial accounts and","since there does not seem to be a way to","precisely calculate their value. Accrued","capital gains should therefore be assessed","on the basis of a suitable proxy, namely the","costs for research and development and for","marketing and advertising over a specific","period."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-101","location":[[" Proposal for a directive","Recital 9"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:40"},"new":["deleted"],"old":["(9) In order to prevent circumventing","the tax exemption of the gains from the","disposals of shares, this tax-free treatment","should be disallowed where it is","illegitimately extended to sales of assets","other than shares. This situation would","occur if assets are moved by way of intra-","group transactions, without tax","implications, to a group member with the","plan to subsequently, sell the shares in","that group member and include the assets","in that sale. In such case, the assets would","effectively benefit, under the cover of a","sale of shares, from the tax exemption","that applies to disposals of shares.","Accordingly, it would also be necessary to","cater for intra-group transfers of assets","which are then sold out of the group","within a period of up to two years.","Namely, an adjustment should be made in","order to treat an asset as having left the","group from the Member State where it","was located initially, i.e. prior to the intra-","group transfer, and in this way,","discourage the artificial intra-group","transfer of assets (other than shares)","","towards Member States with beneficial tax","regimes for capital gains from disposals","of assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-102","location":[["Proposal for a directive","Recital 10"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:40"},"new":["deleted"],"old":["(10) The formula apportionment for","the consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to","distributing taxable profits amongst the","relevant Member States and should","ensure that profits are taxed where they","are actually earned. Labour and assets","should therefore be allocated to the","Member State where the labour is","performed or the assets are located, and","would thereby give appropriate weight to","the interests of the Member State of","origin, whilst sales should be allocated to","the Member State of destination of the","goods or services. To account for","differences in the levels of wages across","the Union and thus allow for a fair","distribution of the consolidated tax base,","the labour factor should comprise both","payroll and the number of employees (i.e.","each item counting for half). The asset","factor, on the other hand, should","comprise all fixed tangible assets, but not","intangible and financial assets because of","their mobile nature and the resulting risk","that the rules of this Directive could be","circumvented. Where, due to exceptional","circumstances, the outcome of the","apportionment does not fairly represent","the extent of business activity, a safeguard","","clause should provide for an alternative","method of income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-103","location":[[" Proposal for a directive","Recital 10"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) As far as companies not involved","in digital business through virtual","permanent establishments are concerned,","the formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, tangible assets and sales by","destination. As far as companies fully or","partially operating digitally through one","or several virtual permanent","establishments are concerned, the","formula apportionment for the","consolidated tax base should comprise","four equally weighted factors, namely","labour, tangible assets, revenues","generated from collected data and number","of users in the destination country. Those","equally weighted factors should reflect a","balanced approach to distributing taxable","profits amongst the relevant Member States","and should ensure that profits are taxed","where they are actually earned. Labour and","tangible assets should be allocated to the","Member State where the labour is","performed or the assets are located, and","would thereby give appropriate weight to","the interests of the Member State of origin,","whilst sales, or, as far as digital activities","are concerned, revenues generated from","collected data and the number of users","should be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does","not fairly represent the extent of business","activity, a safeguard clause should","provide for an alternative method of","","income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-104","location":[["Proposal for a directive","Recital 10"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise two","equally weighted factors, namely labour,","and sales by destination. Those equally","weighted factors should reflect a balanced","approach to distributing taxable profits","amongst the relevant Member States and","should ensure that profits are taxed where","they are actually earned. Labour should","therefore be allocated to the Member State","where the labour is performed and would","thereby give appropriate weight to the","interests of the Member State of origin,","whilst sales should be allocated to the","Member State of destination of the goods","or services. To account for differences in","the levels of wages across the Union and","thus allow for a fair distribution of the","consolidated tax base, the labour factor","should comprise both payroll and the","number of employees (i.e. each item","counting for half). Where, due to","exceptional circumstances, the outcome of","the apportionment does not fairly represent","the extent of business activity, a safeguard","clause should provide for an alternative","method of income allocation."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should","comprise all fixed tangible assets, but not","intangible and financial assets because of","","their mobile nature and the resulting risk","that the rules of this Directive could be","circumvented. Where, due to exceptional","circumstances, the outcome of the","apportionment does not fairly represent the","extent of business activity, a safeguard","clause should provide for an alternative","method of income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-105","location":[[" Proposal for a directive","Recital 10"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does","not fairly represent the extent of business","activity, a safeguard clause should","provide for an alternative method of","income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Ram\u00f3n J\u00e1uregui Atondo, Jon\u00e1s Fern\u00e1ndez","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-106","location":[["Proposal for a directive","Recital 10"]],"meps":[97078,125046],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned, accurately reflecting the","contribution made by each entity in the","group to the creation of transnational","value. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation."],"orig_lang":"es","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Bernd Lucke","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-107","location":[[" Proposal for a directive","Recital 10"]],"meps":[124820],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three factors, namely labour, assets and","sales by destination. The weights","attributed to these factors should be","determined by a Council decision guided","by the principle that the sum of the","absolute values of all gains and losses of","fiscal revenue in those Member States","which participate in the CCCTB system","should be minimal when applied to the","data of a specific base year equal or prior","to the year of entry into force of this","Directive. Moreover, the weighted factors","should reflect a balanced approach to","distributing taxable profits amongst the","relevant Member States and should ensure","that profits are taxed where they are","actually earned. Labour and assets should","therefore be allocated to the Member State","where the labour is performed or the assets","are located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. The","asset factor should comprise all fixed","tangible assets, but not intangible and","financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow","for a fair distribution of the consolidated","tax base, the labour factor should","comprise both payroll and the number of","employees (i.e. each item counting for","half). The asset factor, on the other hand,","should comprise all fixed tangible assets,","but not intangible and financial assets","because of their mobile nature and the","resulting risk that the rules of this Directive","","could be circumvented. Where, due to","exceptional circumstances, the outcome of","the apportionment does not fairly","represent the extent of business activity, a","safeguard clause should provide for an","alternative method of income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-108","location":[["Proposal for a directive","Recital 10"]],"meps":[38398,28124],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise of","weighted factors, namely, but not limited","to, labour, (tangible and intangible) assets","and sales by destination and with a","maximum total weighting of labour of","25%. Those weighted factors should","encompass all forms of tangible and","intangible economic activity, should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). Where,","due to exceptional circumstances, the","outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should","comprise all fixed tangible assets, but not","intangible and financial assets because of","their mobile nature and the resulting risk","that the rules of this Directive could be","circumvented. Where, due to exceptional","circumstances, the outcome of the","","apportionment does not fairly represent the","extent of business activity, a safeguard","clause should provide for an alternative","method of income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-109","location":[[" Proposal for a directive","Recital 10"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:40"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services,","including digital services. To account for","differences in the levels of wages across","the Union and thus allow for a fair","distribution of the consolidated tax base,","the labour factor should comprise both","payroll and the number of employees (i.e.","each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","","for an alternative method of income","allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Matt Carthy, Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-110","location":[["Proposal for a directive","Recital 10"]],"meps":[124986,124858],"meta":{"created":"2019-07-03T06:13:41"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise two","equally weighted factors, namely labour","and sales by destination. Those equally","weighted factors should reflect a balanced","approach to distributing taxable profits","amongst the relevant Member States and","should ensure that profits are taxed where","they are actually earned. Labour should","therefore be allocated to the Member State","where the labour is performed, and would","thereby give appropriate weight to the","interests of the Member State of origin,","whilst sales should be allocated to the","Member State of destination of the goods","or services. To account for differences in","the levels of wages across the Union and","thus allow for a fair distribution of the","consolidated tax base, the labour factor","should comprise both payroll and the","number of employees (i.e. each item","counting for half). Assets should not be","included in the formula due to difficulties","in accurately valuing them, and the","potential for intangible and financial assets","to be converted in tangible assets. The","allocation formula should accurately","reflect demand-side (sales) and supply-","side factors (labour), and reflect the","factors that generate income and the","location where this income is generated.","Sales and labour are the factors that","generate income while assets generally do","not1a;","__________________","1aFor more information on the Canadian","model, which does not include assets in","the formula, see: Mintz, J., & Smart, M.","(2004). Income shifting, investment, and","tax competition: theory and evidence from","provincial taxation in Canada. Journal of","Public Economics, 88(6), 1149\u20131168, and","Mintz, J., & Smart, M. (2004). Income","shifting, investment, and tax competition:","theory and evidence from provincial","taxation in Canada. Journal of Public","Economics, 88(6), 1149\u20131168.Sadiq, K","(2015). Unitary Taxation of the Finance","Sector: ICTD Working Paper 25)"],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their","mobile nature and the resulting risk that","the rules of this Directive could be","circumvented. Where, due to exceptional","circumstances, the outcome of the","apportionment does not fairly represent","the extent of business activity, a safeguard","clause should provide for an alternative","","method of income allocation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-111","location":[[" Proposal for a directive","Recital 10 a (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:41"},"new":["(10a) The apportionment formula needs","to fully reflect the economic activity that","has taken place in each Member State, by","duly taking into full account of potential","significant differences between their","economies. Where the formula results in","an imbalanced apportionment that fails to","reflect the economic activity, a safeguard","clause will remedy such a situation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-112","location":[[" Proposal for a directive","Recital 10 b (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:41"},"new":["(10b) The apportionment formula needs","to reflect a modern, 21st century","economy. The Commission shall establish","a definition of digital activity, and will","consider a formula that takes full account","of this, in order to better reflect economic","activity in each Member State."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-113","location":[["Proposal for a directive","Recital 11"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:41"},"new":["deleted"],"old":["(11) Due to their specificities, certain","sectors, such as the financial and","insurance sector, the oil and gas sector as","well as shipping and air transport, need","an adjusted formula for the","apportionment of the consolidated tax","base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Udo Bullmann, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-114","location":[["Proposal for a directive","Recital 11 a (new)"]],"meps":[125002,96857,124870,24505,1985,96836,4267,125020],"meta":{"created":"2019-07-03T06:13:41"},"new":["(11a) To end the race to the bottom on","corporate tax rates at EU level, a","European minimum effective corporate","tax rate is required. On average,","corporate tax in the European Union","decreased from 35% in the 1990s to","22.5% today. By adopting the CCCTB,","Member States will no longer be able to","compete through tax bases, the result","being further decreases in the corporate","tax rates."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-115","location":[[" Proposal for a directive","Recital 12"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:41"},"new":["(12) To optimise the benefits of having a","single set of corporate tax rules across the","EU for determining the consolidated tax","base of groups, groups should be able to","deal with a single tax administration","('principal tax authority'). As a matter of","principle, that principal tax authority","should be based in the Member State where","the parent company of the group is resident","for tax purposes or where the group's","highest tier of management within the EU","is located ('principal taxpayer'). It is","essential in this context to lay down","common procedural rules for the","administration of the system."],"old":["(12) To optimise the benefits of having a","single set of corporate tax rules across the","EU for determining the consolidated tax","base of groups, groups should be able to","deal with a single tax administration","('principal tax authority'). As a matter of","principle, that principal tax authority","should be based in the Member State where","the parent company of the group is resident","for tax purposes ('principal taxpayer'). It is","essential in this context to lay down","common procedural rules for the","administration of the system."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-116","location":[[" Proposal for a directive","Recital 13"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:41"},"new":["(13) Audits should in principle be","initiated and coordinated by the principal","tax authority, but given that the first stage","consisting in the calculation of the tax base","is performed locally, the national","authorities of any Member State in which","the profits of a group member are subject","to tax should also be able to request the","initiation of an audit. Accordingly, to","protect the national tax base, the competent","authority of the Member State in which a","group member is resident for tax purposes","or established in the form of a permanent","or virtual permanent establishment should","be able to challenge before the courts of","the Member State of the principal tax","authority a decision of that tax authority","concerning the notice to create a group or a","decision concerning an amended tax","assessment. Disputes between taxpayers","and tax authorities may be dealt with by an","administrative body at first instance, in","order to reduce the number of cases that","reach the courts. That body should be","structured and operating in accordance","with the law of the Member State of the","principal tax authority is competent to hear","appeals at first instance. The Commission","should establish a new CCCTB forum to","which companies and Member States can","refer questions and disputes relating to","the CCCTB. That forum should be able to","give guidance to companies and Member","States."],"old":["(13) Audits should in principle be","","initiated and coordinated by the principal","tax authority, but given that the first stage","consisting in the calculation of the tax base","is performed locally, the national","authorities of any Member State in which","the profits of a group member are subject","to tax should also be able to request the","initiation of an audit. Accordingly, to","protect the national tax base, the competent","authority of the Member State in which a","group member is resident for tax purposes","or established in the form of a permanent","establishment should be able to challenge","before the courts of the Member State of","the principal tax authority a decision of that","tax authority concerning the notice to","create a group or a decision concerning an","amended tax assessment. Disputes between","taxpayers and tax authorities should be","dealt with by an administrative body at first","instance, in order to reduce the number of","cases that reach the courts. That body","should be structured and operating in","accordance with the law of the Member","State of the principal tax authority is","competent to hear appeals at first instance."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, Jakob von Weizs\u00e4cker, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-117","location":[["Proposal for a directive","Recital 13 a (new)"]],"meps":[125002,124840,96857,124870,24505,1985,96836,4533,125020],"meta":{"created":"2019-07-03T06:13:41"},"new":["(13a) The Commission should create a","new department in DG TAXUD to","monitor Member States\u2019 tax revenues","after the implementation of the CCCTB.","In this view, the Commission should","increase the means of this DG. This new","department should be mandated to give","guidance to companies and Member","States\u2019 tax administrations."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-118","location":[[" Proposal for a directive","Recital 13 a (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:41"},"new":["(13a) Encourages the Commission to","assess the establishment of a Dispute","Settlement Mechanism to ensure a proper","dispute settlement when different Member","states are involved."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jakob von Weizs\u00e4cker, Emmanuel Maurel, Pervenche Ber\u00e8s, Udo Bullmann, Peter Simon, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-119","location":[[" Proposal for a directive","Recital 13 b (new)"]],"meps":[125002,124840,24505,1985,4267,96836,125020],"meta":{"created":"2019-07-03T06:13:41"},"new":["(13b) As the High Level Group on Own","Resources suggests, a part of the fiscal","revenues gained from the common","consolidated tax base can be used as an","own resource for the Union budget, in","order to proportionally reduce Member","States\u2019 contributions to the same budget.","This should lead to a more effective way","to levy taxes on exporting and","multinational corporations, who benefit","most from globalisation and the Single","Market, and thus introduce a user-pays","principle."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-120","location":[["Proposal for a directive","Recital 14"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:41"},"new":["(14) This Directive builds upon Council","Directive 2016/xx/EU on a common","corporate tax base (which lays down a","common set of corporate tax rules for","computing the tax base) and focusses on","the consolidation of tax results across the","group. It is thus necessary to deal with the","interaction between the two legislative","instruments and cater for the transition of","certain elements of the tax base into the","new framework of the group. Such","elements should include, in particular, the","interest limitation rule, the switch-over","clause and controlled foreign company","legislation as well as hybrid mismatches.","Member States should not be prevented","from introducing additional anti-tax","avoidance measures in order to reduce the","negative effects of shifting profits to low-","tax countries outside the Union."],"old":["(14) This Directive builds upon Council","Directive 2016/xx/EU on a common","corporate tax base (which lays down a","common set of corporate tax rules for","computing the tax base) and focusses on","the consolidation of tax results across the","group. It would thus be necessary to deal","with the interaction between the two","legislative instruments and cater for the","transition of certain elements of the tax","base into the new framework of the group.","Such elements should include, in","particular, the interest limitation rule, the","switch-over clause and controlled foreign","company legislation as well as hybrid","mismatches."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, Jakob von Weizs\u00e4cker, C\u0103t\u0103lin Sorin Ivan, Emmanuel Maurel, Pervenche Ber\u00e8s, Udo Bullmann, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-121","location":[["Proposal for a directive","Recital 14 a (new)"]],"meps":[125002,124840,96857,24505,1985,4267,125020],"meta":{"created":"2019-07-03T06:13:42"},"new":["(14a) In order to create a level playing","field and to eliminate tax competition","conditions having a negative impact on","the economic performance of the internal","market and leading to a race to the","bottom, minimum effective corporate tax","rates should be introduced so as to","optimise tax efficiency. Such a minimum","effective tax rate would furthermore lead","to the benefit of better comparing","economic performance of Member States","across the EU. The average EU top","statutory corporate income tax rate is","22.5%, and in some Member States as low","as 10%. The declining tendency of this","rate should be reversed so as to avoid a","race to the bottom. This directive","therefore asks the Commission to come up","with a legislative proposal for a minimum","effective corporate tax rate at 18% in each","Member State. Until such a legislation is","in place, the Commission should publish","statistics of the effective tax rates in","Member States, distinguishing between","the effective tax rates of SMEs and","MNEs."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-122","location":[[" Proposal for a directive","Recital 14 a (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:42"},"new":["(14a) This Directive shall be regarded in","conjunction with Council Directive","2016/xx/EU on a common corporate tax","base upon which it builds. In order to","obtain the full objectives of both","Directives and the resulting positive","effects to the functioning of the internal","market. Therefore, it is important that","both are implemented at the same time.","This goal can be obtained by refraining","from the inclusion of provisions that form","a barrier to the compatibility of both","Directives."],"old":[""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-123","location":[["Proposal for a directive","Recital 14 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:42"},"new":["(14a) In order to reach its objectives, this","Directive should ensure a real","consolidation process of tax bases rather","than a simple aggregation process which","could eventually lead to new loopholes","and mismatches between the different","national accounting rules. The","consolidated tax base should therefore be","regarded as the result of the consolidated","net taxable revenue of the group members","as calculated on an accounting basis","applicable to all group members."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-124","location":[["Proposal for a directive","Recital 16"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:42"},"new":["deleted"],"old":["(16) In order to supplement or amend","certain non-essential elements of this","Directive, the power to adopt acts in","accordance with Article 290 of the Treaty","","on the Functioning of the European","Union should be delegated to the","Commission with respect of (i) taking into","account changes to the laws of Member","States concerning the company forms and","corporate taxes and amend Annexes I and","II accordingly; (ii) laying down additional","definitions; and (iii) supplementing the","rule on the limitation of interest","deductibility with anti-fragmentation","rules, to better address the tax avoidance","risks which may emerge within a group. It","is of particular importance that the","Commission carry out appropriate","consultations during its preparatory work,","including at expert level. The","Commission, when preparing and","drawing up delegated acts, should ensure","a simultaneous, timely and appropriate","transmission of relevant documents to the","European Parliament and the Council."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-125","location":[[" Proposal for a directive","Recital 16"]],"meps":[125002,96857,124870,24505,1985,96836,4533,125020],"meta":{"created":"2019-07-03T06:13:42"},"new":["(16) In order to supplement or amend","certain non-essential elements of this","Directive, the power to adopt acts in","accordance with Article 290 of the Treaty","on the Functioning of the European Union","should be delegated to the Commission","with respect of (i) taking into account","changes to the laws of Member States","concerning the company forms and","corporate taxes and amend Annexes I and","II accordingly; (ii) laying down additional","definitions; and(iii) supplementing the rule","on the limitation of interest deductibility","with anti-fragmentation rules, to better","address the tax avoidance risks which may","emerge within a group. It is of particular","importance that the Commission carry out","appropriate consultations during its","preparatory work, including at expert level","and the opinion of the European","Parliament. The Commission, when","preparing and drawing up delegated acts,","should ensure a simultaneous, timely and","appropriate transmission of relevant","documents to the European Parliament and","the Council."],"old":["(16) In order to supplement or amend","certain non-essential elements of this","Directive, the power to adopt acts in","accordance with Article 290 of the Treaty","on the Functioning of the European Union","should be delegated to the Commission","with respect of (i) taking into account","changes to the laws of Member States","concerning the company forms and","corporate taxes and amend Annexes I and","II accordingly; (ii) laying down additional","definitions; and (iii) supplementing the rule","on the limitation of interest deductibility","with anti-fragmentation rules, to better","","address the tax avoidance risks which may","emerge within a group. It is of particular","importance that the Commission carry out","appropriate consultations during its","preparatory work, including at expert level.","The Commission, when preparing and","drawing up delegated acts, should ensure a","simultaneous, timely and appropriate","transmission of relevant documents to the","European Parliament and the Council."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"125","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Bernd Lucke","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-126","location":[["Proposal for a directive","Recital 17"]],"meps":[124820],"meta":{"created":"2019-07-03T06:13:42"},"new":["deleted"],"old":["(17) In order to ensure uniform","conditions for the implementation of this","Directive, implementing powers should be","conferred on the Commission (i) to adopt","annually a list of third country company","forms that are similar to the company","forms listed in Annex I; (ii) to lay down","detailed rules on the calculation of the","labour, asset and sales factors, the","allocation of employees and payroll,","assets and sales to the respective factor","and the valuation of assets; (iii) to adopt","an act establishing a standard form of the","notice to create a group; and (iv) to lay","down rules on the electronic filing of the","consolidated tax return, the form of the","consolidated tax return, the form of the","single taxpayer's tax return and the","supporting documentation required.","Those powers should be exercised in","accordance with Regulation (EU) No","182/2011 of the European Parliament and","of the Council12 .","","","__________________","12 Regulation (EU) No 182/2011 of the","European Parliament and of the Council","of 16 February 2011 laying down the","rules and general principles concerning","mechanisms for control by Member States","of the Commission\u2019s exercise of","implementing powers (OJ L 55, 28.2.2011,","p. 13)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"126","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-127","location":[[" Proposal for a directive","Recital 17"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:42"},"new":["deleted"],"old":["(17) In order to ensure uniform","conditions for the implementation of this","Directive, implementing powers should be","conferred on the Commission (i) to adopt","annually a list of third country company","forms that are similar to the company","forms listed in Annex I; (ii) to lay down","detailed rules on the calculation of the","labour, asset and sales factors, the","allocation of employees and payroll,","assets and sales to the respective factor","and the valuation of assets; (iii) to adopt","an act establishing a standard form of the","notice to create a group; and (iv) to lay","down rules on the electronic filing of the","consolidated tax return, the form of the","consolidated tax return, the form of the","single taxpayer's tax return and the","supporting documentation required.","Those powers should be exercised in","accordance with Regulation (EU) No","182/2011 of the European Parliament and","of the Council12 .","__________________","12","Regulation (EU) No 182/2011 of the","European Parliament and of the Council","","of 16 February 2011 laying down the","rules and general principles concerning","mechanisms for control by Member States","of the Commission\u2019s exercise of","implementing powers (OJ L 55, 28.2.2011,","p. 13)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"127","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-128","location":[["Proposal for a directive","Recital 17"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:42"},"new":["(17) In order to ensure uniform","conditions for the implementation of this","Directive, implementing powers should be","conferred on the Commission (i) to adopt","annually a list of third country company","forms that are similar to the company","forms listed in Annex I; (ii) to lay down","detailed rules on the calculation of the","labour and sales factors, the allocation of","employees and payroll and sales to the","respective factor and the valuation of","assets; (iii) to adopt an act establishing a","standard form of the notice to create a","group; and (iv) to lay down rules on the","electronic filing of the consolidated tax","return, the form of the consolidated tax","return, the form of the single taxpayer's tax","return and the supporting documentation","required. Those powers should be","exercised in accordance with Regulation","(EU) No 182/2011 of the European","Parliament and of the Council12 .","__________________","12","Regulation (EU) No 182/2011 of the","European Parliament and of the Council of","16 February 2011 laying down the rules","and general principles concerning","mechanisms for control by Member States","of the Commission\u2019s exercise of","implementing powers (OJ L 55, 28.2.2011,","p. 13)."],"old":["(17) In order to ensure uniform","conditions for the implementation of this","Directive, implementing powers should be","conferred on the Commission (i) to adopt","annually a list of third country company","forms that are similar to the company","forms listed in Annex I; (ii) to lay down","detailed rules on the calculation of the","labour, asset and sales factors, the","allocation of employees and payroll, assets","and sales to the respective factor and the","valuation of assets; (iii) to adopt an act","establishing a standard form of the notice","to create a group; and (iv) to lay down","rules on the electronic filing of the","consolidated tax return, the form of the","consolidated tax return, the form of the","single taxpayer's tax return and the","supporting documentation required. Those","powers should be exercised in accordance","with Regulation (EU) No 182/2011 of the","European Parliament and of the Council12 .","__________________","12","Regulation (EU) No 182/2011 of the","European Parliament and of the Council of","16 February 2011 laying down the rules","and general principles concerning","mechanisms for control by Member States","of the Commission\u2019s exercise of","","implementing powers (OJ L 55, 28.2.2011,","p. 13)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"128","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-129","location":[[" Proposal for a directive","Recital 17 a (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:42"},"new":["(17a) In order to reduce red tape, the","implementation of harmonised","accounting rules and administrative","practices in tax matters is a prerequisite to","guarantee a fully functioning common","consolidated corporate taxbase system as","mentioned in the European Parliament","resolution of 25 November 2015 on tax","rulings and other measures similar in","nature or effect(2015/2066(INI))."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"129","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-130","location":[[" Proposal for a directive","Recital 18"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:42"},"new":["deleted"],"old":["(18) Since the objectives of this","Directive, namely to improve the","functioning of the internal market","through countering practices of","international tax avoidance and to","facilitate businesses in expanding across","borders within the Union, cannot be","sufficiently achieved by the Member","States acting individually and in a","disparate fashion because coordinated","action is necessary to obtain these","","objectives, but can rather, by reason of the","fact that the Directive targets","inefficiencies of the internal market that","originate in the interaction between","disparate national tax rules which impact","on the internal market and discourage","cross-border activity, be better achieved at","Union level, the Union may adopt","measures, in accordance with the","principle of subsidiarity as set out in","Article 5 of the Treaty on European","Union. In accordance with the principle","of proportionality, as set out in that","Article, this Directive does not go beyond","what is necessary in order to achieve","those objectives, especially considering","that its mandatory scope is limited to","groups beyond a certain size."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"130","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-131","location":[["Proposal for a directive","Recital 18"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:42"},"new":["(18) Since the objectives of this","Directive, namely to improve the","functioning of the internal market through","countering practices of international tax","avoidance and to facilitate businesses in","expanding across borders within the Union,","cannot be sufficiently achieved by the","Member States acting individually and in a","disparate fashion because coordinated","action is necessary to obtain these","objectives, but can rather, by reason of the","fact that the Directive targets inefficiencies","of the internal market that originate in the","interaction between disparate national tax","rules which impact on the internal market","and discourage cross-border activity, be","better achieved at Union level, the Union","may adopt measures, in accordance with","the principle of subsidiarity as set out in","Article 5 of the Treaty on European Union.","In accordance with the principle of","proportionality, as set out in that Article,","this Directive does not go beyond what is","necessary in order to achieve those","objectives, especially considering that its","mandatory scope is currently limited to","groups beyond a certain size."],"old":["(18) Since the objectives of this","Directive, namely to improve the","functioning of the internal market through","countering practices of international tax","avoidance and to facilitate businesses in","expanding across borders within the Union,","cannot be sufficiently achieved by the","Member States acting individually and in a","disparate fashion because coordinated","action is necessary to obtain these","objectives, but can rather, by reason of the","fact that the Directive targets inefficiencies","of the internal market that originate in the","interaction between disparate national tax","rules which impact on the internal market","and discourage cross-border activity, be","better achieved at Union level, the Union","","may adopt measures, in accordance with","the principle of subsidiarity as set out in","Article 5 of the Treaty on European Union.","In accordance with the principle of","proportionality, as set out in that Article,","this Directive does not go beyond what is","necessary in order to achieve those","objectives, especially considering that its","mandatory scope is limited to groups","beyond a certain size."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"131","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Esther de Lange, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-132","location":[[" Proposal for a directive","Recital 19 a (new)"]],"meps":[118658,38398,96876,28124],"meta":{"created":"2019-07-03T06:13:43"},"new":["(19a) It should be acknowledged that","seven Member State national parliaments","have issued reasoned opinions to state","that this legislative act does not comply","with the principle of subsidiarity as","defined in Article 5(3) TEU."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"132","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-133","location":[[" Proposal for a directive","Recital 20"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:43"},"new":["(20) The Commission should be","required to review the application of the","Directive five years after its entry into","force and report to Council and European","Parliament on its operation. Member","States should be required to communicate","to the Commission the text of the","provisions of national law which they","adopt in the field covered by this Directive,"],"old":["(20) The Commission should be","required to review the application of the","Directive five years after its entry into","force and report to Council on its","operation. Member States should be","required to communicate to the","","Commission the text of the provisions of","national law which they adopt in the field","covered by this Directive,"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"133","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-134","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:43"},"new":["(20a) In order to achieve a full and","consistent consolidation and prevent new","opportunities for arbitrage arising from","accounting inconsistencies between","Member States, it is necessary to adopt","clear, consistent and objective criteria for","calculating the consolidated tax base; to","this effect, the Commission should","propose the necessary adjustments to the","relevant provisions of this Directive","concerning the definition and calculation","of the consolidated tax base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"134","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-135","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:43"},"new":["(20a) The Commission shall consider","additional studies that analyse the","potential impact of the CCCTB on the","corporate tax revenues of individual","Member States, and potential competitive","disadvantages for the EU in relation to","third countries."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"135","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-136","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[118658,96876,28124],"meta":{"created":"2019-07-03T06:13:43"},"new":["1. This Directive establishes an","optional system for the consolidation of","the tax bases, as referred to in Council","Directive 2016/xx/EU,14 of companies that","are members of a group and lays down","rules on how a common consolidated","corporate tax base shall be allocated to","Member States and administered by the","national tax authorities.","__________________","14","[full title of the Directive (OJ L [ ], [ ], p.","[ ])]."],"old":["1. This Directive establishes a system","for the consolidation of the tax bases, as","referred to in Council Directive","2016/xx/EU,14 of companies that are","members of a group and lays down rules","on how a common consolidated corporate","tax base shall be allocated to Member","States and administered by the national tax","authorities.","__________________","14","[full title of the Directive (OJ L [ ], [ ], p.","[ ])]."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"136","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Bernard Monot","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-137","justification":" This article is both legally erroneous and politically unacceptable. 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distributing its","application via the Member State specific","part of a mobile application distribution","centre;"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"163","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-164","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 28 e (new)"]],"meps":[125002,96857,124870,24505,1985,96836,4533,125020],"meta":{"created":"2019-07-03T06:13:44"},"new":["(28e) An effective corporate tax rate","means corporate tax paid in relation to","earnings and profits in financial","statements of the corporation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"164","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-165","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:44"},"new":["1. A company that has its registered","office, place of incorporation or place of","effective management in a Member State","shall be considered resident in that","Member State for tax purposes."],"old":["1. A company that has its registered","office, place of incorporation or place of","effective management in a Member State","and is not, under the terms of an","agreement concluded by that Member","State with a third country, regarded as tax","resident in that third country shall be","considered resident in that Member State","for tax purposes."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"165","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-166","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:44"},"new":["1. 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A company with digital presence","collecting or exploiting personal data","from online platform and service users for","commercial purposes shall be considered","to be resident in the Member State of","residence of the users whose personal","data it collects and exploits. The","distribution between Member States of","taxing rights on digital assets shall take","account of the contribution of users to the","increase in the added value of the","intangible asset. In particular,","consideration shall be given to the","number of users and the intensity of use","in each country. The digital presence","shall be determined in accordance with","the conditions and criteria listed in Article","5 of Directive \u2026 [the directive adopted on","the basis of Commission proposal","COM(2016)0685]. The Commission shall","be empowered to adopt delegated acts in","accordance with Article 75 to lay down","technical standards for the following","factors: (a) the number of registered","individual users per month that are","domiciled in the non-resident jurisdiction","who logged in or visited the taxpayer's","digital platform; (b) the number of digital","contracts concluded with customers or","users that are domiciled in the non-","resident jurisdiction in a taxable year; (c)","the volume of DATA collected by a","company in a taxable year in each","Member State."],"orig_lang":"es","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"167","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-168","location":[["Proposal for a directive","Article 4 \u2013 paragraph 5"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:45"},"new":["5. A non-resident taxpayer shall be","subject to corporate tax on all income from","an activity carried on through a permanent","establishment in a Member State or","through an entity located in a Member","State that can be considered the place of","effective management of the group's","business within the EU, meaning the","place where key management and","commercial decisions related to the","operations inside the EU are","implemented."],"old":["5. A non-resident taxpayer shall be","subject to corporate tax on all income from","an activity carried on through a permanent","establishment in a Member State."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"168","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-169","location":[["Proposal for a directive","Article 4 \u2013 paragraph 5"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["5. A non-resident taxpayer shall be","subject to corporate tax on all income from","an activity carried on through a permanent","or virtual permanent establishment in a","Member State."],"old":["5. A non-resident taxpayer shall be","subject to corporate tax on all income from","an activity carried on through a permanent","establishment in a Member State."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"169","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-170","location":[["Proposal for a directive","Article 4 \u2013 paragraph 5"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:45"},"new":["5. A non-resident taxpayer shall be","subject to corporate tax on all income","derived from any source, whether inside","or outside of the Union."],"old":["5. A non-resident taxpayer shall be","subject to corporate tax on all income from","an activity carried on through a","permanent establishment in a Member","State."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"170","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-171","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point a"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:45"},"new":["(a) it has a right to exercise more than","25 % of the voting rights; and"],"old":["(a) it has a right to exercise more than","50 % of the voting rights; and"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"171","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-172","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point a"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["(a) it has a right to exercise more than","50 % of the voting rights; or"],"old":["(a) it has a right to exercise more than","50 % of the voting rights; and"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"172","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-173","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point b"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:45"},"new":["(b) it has an ownership right amounting","to more than 50 % of the subsidiary\u2019s","capital or it owns more than 50 % of the","rights giving entitlement to profit."],"old":["(b) it has an ownership right amounting","to more than 75 % of the subsidiary\u2019s","capital or it owns more than 75 % of the","rights giving entitlement to profit."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"173","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-174","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 \u2013 point b"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:45"},"new":["(b) it has an ownership right amounting","to more than 75% of the subsidiary\u2019s","capital or it owns more than 50% of the","rights giving entitlement to profit."],"old":["(b) it has an ownership right amounting","to more than 75 % of the subsidiary\u2019s","capital or it owns more than 75 % of the","rights giving entitlement to profit."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"174","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-175","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point b"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:45"},"new":["(b) entitlement to profit and ownership","of capital shall be calculated by","multiplying the interests held, directly and","indirectly, in subsidiaries at each tier.","Ownership rights amounting to 50 % or","less held directly or indirectly by the parent","company, including rights in companies","resident in a third country, shall also be","taken into account in the calculation."],"old":["(b) entitlement to profit and ownership","of capital shall be calculated by","multiplying the interests held, directly and","indirectly, in subsidiaries at each tier.","Ownership rights amounting to 75 % or","less held directly or indirectly by the parent","company, including rights in companies","resident in a third country, shall also be","taken into account in the calculation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"175","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-176","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point b"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:45"},"new":["(b) entitlement to profit and ownership","of capital shall be calculated by","multiplying the interests held, directly and","indirectly, in subsidiaries at each tier.","Ownership rights amounting to 50% or less","held directly or indirectly by the parent","company, including rights in companies","resident in a third country, shall also be","taken into account in the calculation."],"old":["(b) entitlement to profit and ownership","of capital shall be calculated by","multiplying the interests held, directly and","indirectly, in subsidiaries at each tier.","Ownership rights amounting to 75% or less","held directly or indirectly by the parent","company, including rights in companies","resident in a third country, shall also be","taken into account in the calculation."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"176","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-177","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["2a. The use of letterbox companies by","taxpayers operating in the Union should","be prohibited. Taxpayers should","communicate to tax authorities evidence","demonstrating the economic substance of","each of the entities in their group, as part","of their annual country-by-country","reporting obligations."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"177","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-178","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["(a) all its permanent and virtual","permanent establishments that are situated","in a Member State;"],"old":["(a) all its permanent establishments","that are situated in a Member State;"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"178","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-179","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point b"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["(b) all permanent and virtual","permanent establishments that are situated","in a Member State and belong to its","qualifying subsidiaries that are resident in a","third country for tax purposes;"],"old":["(b) all permanent establishments that","are situated in a Member State and belong","to its qualifying subsidiaries that are","resident in a third country for tax purposes;"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"179","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-180","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point c"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["(c) all its qualifying subsidiaries that","are resident in a Member State for tax","purposes, including the permanent and","virtual permanent establishments of those","subsidiaries where such permanent","establishments are situated in a Member","State;"],"old":["(c) all its qualifying subsidiaries that","are resident in a Member State for tax","purposes, including the permanent","establishments of those subsidiaries where","such permanent establishments are situated","in a Member State;"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"180","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-181","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["2. 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A non-resident taxpayer shall form","a group in respect of all of its permanent","establishments that are situated in one or","more Member States and with all of its","qualifying subsidiaries that are resident in a","Member State for tax purposes, including","the permanent establishments of those","subsidiaries where such permanent","establishments are also situated in one or","more Member States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"181","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-182","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:45"},"new":["deleted"],"old":["1. The tax bases of all members of a","group shall be added together into a","consolidated tax base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"182","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-183","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:45"},"new":["1. 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The tax bases of all members of a","group shall be added together into a","consolidated tax base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"183","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-184","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:45"},"new":["1. The net taxable revenue of a","group\u2019s members shall be based on their","financial statements which are to be","adjusted so that taxable revenues include","all cash and exchange or barter receipts -","arising during or due for the period - less","those accounted for in previous periods,","those of a capital nature and those","explicitly exempted from charge."],"old":["1. The tax bases of all members of a","group shall be added together into a","consolidated tax base."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"184","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-185","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1 a (new)"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:46"},"new":["1a. 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Where the consolidated tax base","is positive, it shall be apportioned in","accordance with Chapter VIII."],"old":["2. Where the consolidated tax base is","negative, the loss shall be carried forward","and be set off against the next positive","consolidated tax base. Where the","consolidated tax base is positive, it shall be","apportioned in accordance with Chapter","VIII."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"188","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-189","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:46"},"new":["2. Groups shall apply a consistent and","adequately documented method for","recording intra-group transactions. Groups","may change the method only for valid","commercial reasons and only at the","beginning of a tax year. The Commission","shall provide guidelines on what an","adequate and consistent documentation","method entails."],"old":["2. Groups shall apply a consistent and","adequately documented method for","recording intra-group transactions. Groups","may change the method only for valid","commercial reasons and only at the","beginning of a tax year."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"189","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-190","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:46"},"new":["2. Groups shall apply a consistent and","adequately documented method for","recording intra-group transactions. All","such transactions shall be eliminated","from the tax base as a result of the","consolidation required by this Directive."],"old":["2. Groups shall apply a consistent and","adequately documented method for","recording intra-group transactions. Groups","may change the method only for valid","commercial reasons and only at the","beginning of a tax year."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"190","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-191","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:46"},"new":["2. Groups shall apply a consistent and","adequately documented method for","recording intra-group transactions. 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The method for recording intra-","group transactions shall enable all intra-","group transfers and sales to be identified","at the lowest cost for assets not subject to","depreciation or the value for tax purposes","for depreciable assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"193","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-194","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 3"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:46"},"new":["deleted"],"old":["3. The method for recording intra-","group transactions shall enable all intra-","group transfers and sales to be identified","at the lowest cost for assets not subject to","depreciation or the value for tax purposes","for depreciable assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"194","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-195","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 4"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:46"},"new":["deleted"],"old":["4. Intra-group transfers shall not","change the status of self-generated","intangible assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"195","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-196","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 4"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:46"},"new":["deleted"],"old":["4. Intra-group transfers shall not","change the status of self-generated","","intangible assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"196","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-197","location":[["Proposal for a directive","Article 9 \u2013 paragraph 4 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:46"},"new":["4a. All such intra-group transactions","shall be eliminated from the tax base as a","result of the consolidation required by","Article 7 (1)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"197","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-198","location":[["Proposal for a directive","Article 11 \u2013 paragraph 4"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:46"},"new":["4. The taxpayer that, as a result of a","business reorganisation, no longer exists or","no longer has a permanent or virtual","permanent establishment in the Member","State in which it was resident for tax","purposes on the date that it joined the","group, shall be considered to have a","permanent or virtual permanent","establishment in that Member State for the","purpose of applying this Article."],"old":["4. The taxpayer that, as a result of a","business reorganisation, no longer exists or","no longer has a permanent establishment in","the Member State in which it was resident","for tax purposes on the date that it joined","the group, shall be considered to have a","permanent establishment in that Member","State for the purpose of applying this","Article."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"198","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-199","location":[[" Proposal for a directive","Article 15"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:46"},"new":["Article 15 deleted","Pre-entry losses"],"old":["Unrelieved losses that have been incurred","by a group member in accordance with","national corporate tax law or Directive","2016/xx/EU before the rules of this","Directive became applicable to that group","member may be set off against the","apportioned share of that group member","if and to the extent that this is provided","for under the national corporate tax law","or Directive 2016/xx/EU."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"199","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-200","location":[[" Proposal for a directive","Article 22 \u2013 paragraph 3"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:46"},"new":["3. For the purpose of applying this","Article, the transferring taxpayer referred","to in paragraph 2 that no longer exists or no","longer has a permanent or virtual","permanent establishment in the Member","State from which the assets were","transferred shall be considered to have a","permanent or virtual permanent","establishment in that Member State."],"old":["3. For the purpose of applying this","Article, the transferring taxpayer referred","to in paragraph 2 that no longer exists or no","longer has a permanent establishment in","the Member State from which the assets","were transferred shall be considered to","have a permanent establishment in that","Member State."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"200","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-201","location":[["Proposal for a directive","Article 23 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:46"},"new":["Where, as a result of a business","reorganisation, one or more groups, or two","or more group members, become part of","another group, any unrelieved losses of the","previously existing group or groups shall","be allocated to each of the group members","in accordance with Chapter VIII and on the","basis of the factors as they stand at the end","of the tax year in which the business","reorganisation takes place. Unrelieved","losses of the previously existing group or","groups shall be carried forward during a","maximum of five years."],"old":["Where, as a result of a business","reorganisation, one or more groups, or two","or more group members, become part of","another group, any unrelieved losses of the","previously existing group or groups shall","be allocated to each of the group members","in accordance with Chapter VIII and on the","basis of the factors as they stand at the end","of the tax year in which the business","reorganisation takes place. Unrelieved","losses of the previously existing group or","groups shall be carried forward for future","years."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"201","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-202","location":[["Proposal for a directive","Article 23 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:47"},"new":["Where, as a result of a business","reorganisation, one or more groups, or two","or more group members, become part of","another group, any unrelieved losses of the","previously existing group or groups shall","be allocated to each of the group members","in accordance with Chapter VIII and on the","basis of the factors as they stand at the end","of the tax year in which the business","reorganisation takes place. Unrelieved","losses of the previously existing group or","groups shall be carried forward for no","more than five years."],"old":["Where, as a result of a business","reorganisation, one or more groups, or two","or more group members, become part of","another group, any unrelieved losses of the","previously existing group or groups shall","be allocated to each of the group members","in accordance with Chapter VIII and on the","basis of the factors as they stand at the end","of the tax year in which the business","reorganisation takes place. Unrelieved","losses of the previously existing group or","groups shall be carried forward for future","years."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"202","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-203","location":[[" Proposal for a directive","Article 23 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:47"},"new":["Where two or more group members","become part of another group, no","unrelieved losses of the first group shall be","allocated as referred to in subparagraph 1."],"old":["Where two or more group members","become part of another group, no","unrelieved losses of the first group shall be","allocated as referred to in subparagraph 1,","provided that the joint value of the asset","and labour factors of the departing group","members amounts to less than 20 % of the","value of these two factors for the entire","first group."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"203","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-204","location":[[" Proposal for a directive","Article 23 \u2013 paragraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:47"},"new":["2. Where two or more principal","taxpayers merge within the meaning of","points (i) and (ii) of Article 2(a) of Council","Directive 2009/133/EC15, any unrelieved","losses of a group shall be allocated to its","members in accordance with Chapter VIII,","on the basis of the factors as they stand at","the end of the tax year in which the merger","takes place. Unrelieved losses shall be","carried forward during a maximum of five","years.","__________________","15","Council Directive 2009/133/EC of 19 Council Directive 2009/133/EC of 19","October 2009 on the common system of","taxation applicable to mergers, divisions,","partial divisions, transfers of assets and","exchanges of shares concerning companies","of different Member States and to the","transfer of the registered office of an SE or","SCE between Member States (OJ L 310,","25.11.2009, p. 34)."],"old":["2. Where two or more principal","taxpayers merge within the meaning of","points (i) and (ii) of Article 2(a) of Council","Directive 2009/133/EC15 , any unrelieved","losses of a group shall be allocated to its","members in accordance with Chapter VIII,","on the basis of the factors as they stand at","the end of the tax year in which the merger","takes place. Unrelieved losses shall be","carried forward for future years.","__________________","15","","","October 2009 on the common system of","taxation applicable to mergers, divisions,","partial divisions, transfers of assets and","exchanges of shares concerning companies","of different Member States and to the","transfer of the registered office of an SE or","SCE between Member States (OJ L 310,","25.11.2009, p. 34)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"204","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-205","location":[["Proposal for a directive","Article 23 \u2013 paragraph 2"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:47"},"new":["2. Where two or more principal","taxpayers merge within the meaning of","points (i) and (ii) of Article 2(a) of Council","Directive 2009/133/EC15, any unrelieved","losses of a group shall be allocated to its","members in accordance with Chapter VIII,","on the basis of the factors as they stand at","the end of the tax year in which the merger","takes place. Unrelieved losses shall be","carried forward for no more than five","years.","__________________","15","Council Directive 2009/133/EC of 19","October 2009 on the common system of","taxation applicable to mergers, divisions,","partial divisions, transfers of assets and","exchanges of shares concerning companies","of different Member States and to the","transfer of the registered office of an SE or","SCE between Member States (OJ L 310,","25.11.2009, p. 34)."],"old":["2. Where two or more principal","taxpayers merge within the meaning of","points (i) and (ii) of Article 2(a) of Council","Directive 2009/133/EC15 , any unrelieved","losses of a group shall be allocated to its","members in accordance with Chapter VIII,","on the basis of the factors as they stand at","the end of the tax year in which the merger","takes place. Unrelieved losses shall be","carried forward for future years.","__________________","15","Council Directive 2009/133/EC of 19","October 2009 on the common system of","taxation applicable to mergers, divisions,","partial divisions, transfers of assets and","exchanges of shares concerning companies","of different Member States and to the","transfer of the registered office of an SE or","SCE between Member States (OJ L 310,","25.11.2009, p. 34)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"205","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-206","location":[[" Proposal for a directive","Article 24 \u2013 paragraph 3"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:47"},"new":["3. Where the beneficial owner of the","shares that were disposed of is a non-","taxpayer or a non-resident taxpayer with","those shares attributed to its head office or","permanent or virtual permanent","establishment in a third country, the market","value of the asset or assets at the time of","the disposal of the shares, less the value for","tax purposes, shall be deemed to have been","received by the taxpayer that held the","assets prior to the intra-group transaction","referred to in the first paragraph."],"old":["3. Where the beneficial owner of the","shares that were disposed of is a non-","taxpayer or a non-resident taxpayer with","those shares attributed to its head office or","permanent establishment in a third country,","the market value of the asset or assets at","the time of the disposal of the shares, less","the value for tax purposes, shall be deemed","to have been received by the taxpayer that","held the assets prior to the intra-group","transaction referred to in the first","paragraph."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"206","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-207","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:47"},"new":["2. The tax credit referred to in","paragraph 1 shall be calculated separately","for each Member State or third country as","well as for each type of income. It shall not","exceed the amount resulting from","subjecting the income attributed to a","taxpayer or to a permanent or virtual","permanent establishment to the corporate","tax rate of the Member State where the","taxpayer is resident for tax purposes or","where such establishment is situated."],"old":["2. The tax credit referred to in","paragraph 1 shall be calculated separately","for each Member State or third country as","well as for each type of income. It shall not","exceed the amount resulting from","subjecting the income attributed to a","taxpayer or to a permanent establishment","to the corporate tax rate of the Member","State where the taxpayer is resident for tax","purposes or where the permanent","establishment is situated."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"207","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-208","location":[["Proposal for a directive","Article 26 \u2013 paragraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:47"},"new":["Interest, royalties and other financial","flows paid by a group member to a","recipient outside the group may be subject","to a withholding tax, in accordance with","the applicable rules of national law and any","applicable double tax convention, in the","Member State where the group member is","resident for tax purposes or situated, as the","case may be. The withholding tax shall be","shared amongst the Member States, in","accordance with Chapter VIII, using the","formula applicable in the tax year in which","the tax is charged."],"old":["Interest and royalties paid by a group","member to a recipient outside the group","may be subject to a withholding tax, in","accordance with the applicable rules of","national law and any applicable double tax","convention, in the Member State where the","group member is resident for tax purposes","or situated, as the case may be. The","withholding tax shall be shared amongst","the Member States, in accordance with","Chapter VIII, using the formula applicable","in the tax year in which the tax is charged."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"208","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-209","location":[["Proposal for a directive","Article 27 \u2013 paragraph 1"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:47"},"new":["The treatment of an entity located in a third","country in which at least two group","members hold an interest shall be","determined by an agreement between the","relevant Member States. Where there is no","agreement, the disagreement will be","considered to be a dispute and be brought","before the Dispute Settlement Mechanism","for resolution, as set out in Article 65."],"old":["The treatment of an entity located in a third","country in which at least two group","members hold an interest shall be","determined by an agreement between the","relevant Member States. The principal tax","authority shall decide where there is no","agreement."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"209","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-210","location":[[" Proposal for a directive","Article 28"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:47"},"new":["Article 28 deleted","General rules","The consolidated tax base shall be","The consolidated tax base of a","The calculations for sharing the","A period of 15 days or more in a","When determining the apportioned"],"old":["1.","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,","labour and assets:","Formula","2.","group shall be shared only where it is","positive.","3.","consolidated tax base shall be done at the","end of the tax year of the group.","4.","calendar month shall be considered as a","whole month.","5.","share of a group member, equal weight","shall be given to the factors of sales,","labour and assets."],"orig_lang":"de","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"210","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Esther de Lange, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-211","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[38398,28124],"meta":{"created":"2019-07-03T06:13:47"},"new":["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 weight to at least, but not limited","to, the factors of sales, labour and (tangible","and intangible) assets and with a","maximum total weighting of labour of","25%."],"old":["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,","labour and assets:"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"211","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-212","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:47"},"new":["The consolidated tax base shall be shared","between the group members in each tax","year on the basis of a formula for","apportionment. The formula for","apportionment to be used shall depend on","whether or not the company has virtual","permanent establishments, as defined in","Directive 2016/xx/EU."],"old":["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,","labour and assets:"],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"212","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-213","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:47"},"new":["The consolidated tax base shall be shared","between the group members in each tax","year on the basis of a formula for","apportionment. 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Commission shall adopt delegated","acts in accordance with Article XX to lay","down the detailed rules on how the","revenues generated from collected data as","well as how the number of user shall be","defined and calculated depending on the","type of digital business concerned."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"221","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-222","location":[["Proposal for a directive","Article 28 \u2013 paragraph 5"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:48"},"new":["deleted"],"old":["5. When determining the apportioned","share of a group member, equal weight","shall be given to the factors of sales,","","labour and assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"222","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-223","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 5"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:48"},"new":["5. When determining the apportioned","share of a group member, equal weight","shall be given to the factors of sales and","labour."],"old":["5. When determining the apportioned","share of a group member, equal weight","shall be given to the factors of sales, labour","and assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"223","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-224","location":[[" Proposal for a directive","Article 29"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:48"},"new":["Article 29 deleted","Safeguard clause"],"old":["As an exception to the rule set out in","Article 28, if the principal taxpayer or a","competent authority considers that the","outcome of the apportionment of the","consolidated tax base to a group member","does not fairly represent the extent of the","business activity of that group member,","the principal taxpayer or competent","authority may request the use of an","alternative method for calculating the tax","share of each group member. An","alternative method can be used only if,","following consultations among the","competent authorities and, where","","applicable, discussions held in accordance","with Articles 77 and 78, all these","authorities agree to that alternative","method. The Member State of the","principal tax authority shall inform the","Commission about the alternative method","used."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"224","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Barbara Kappel","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-225","location":[["Proposal for a directive","Article 29 \u2013 paragraph 1"]],"meps":[125024],"meta":{"created":"2019-07-03T06:13:48"},"new":["deleted"],"old":["As an exception to the rule set out in","Article 28, if the principal taxpayer or a","competent authority considers that the","outcome of the apportionment of the","consolidated tax base to a group member","does not fairly represent the extent of the","business activity of that group member,","the principal taxpayer or competent","authority may request the use of an","alternative method for calculating the tax","share of each group member. An","alternative method can be used only if,","following consultations among the","competent authorities and, where","applicable, discussions held in accordance","with Articles 77 and 78, all these","authorities agree to that alternative","method. 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The asset factor shall consist of the","average value of all fixed tangible assets","owned, rented or leased by a group","member as its numerator and the average","value of all fixed tangible assets owned,","rented or leased by the group as its","denominator."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"230","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Ram\u00f3n J\u00e1uregui Atondo, Jon\u00e1s Fern\u00e1ndez","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-231","location":[[" Proposal for a directive","Article 34 \u2013 paragraph 2"]],"meps":[97078,125046],"meta":{"created":"2019-07-03T06:13:49"},"new":["deleted"],"old":["2. 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The same shall apply to","rented assets."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"233","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-234","location":[["Proposal for a directive","Article 35 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:49"},"new":["Article 35a","Composition of the data and user factors","The data and users factors shall consist,","as to one quarter of the formula, of the","value of total revenues generated from","data collected as its numerator and the","total amount of revenues of the group as","its denominator; and as to another","quarter of the formula, of the total","number of user accounts as its numerator","and the total number of user accounts of","the group as its denominator.","This data factors apply only in cases","where the group has virtual permanent","establishments."],"old":["",""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"234","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-235","location":[[" Proposal for a directive","Article 36"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:49"},"new":["Article 36 deleted","Valuation","Land and other non-depreciable","An individually depreciable fixed","The pool of fixed assets, as","The renter or lessee of an asset of","An asset sold by a group member"],"old":["1.","fixed tangible assets shall be valued at","their original cost.","2.","tangible asset shall be valued at the","average of its value for tax purposes at the","beginning and at the end of a tax year.","Where, as a result of one or more intra-","group transactions, an individually","depreciable fixed tangible asset is","included in the asset factor of a group","member for less than a tax year, the value","to be taken into account shall be","calculated having regard to the number of","months that the asset was included in the","asset factor of that group member.","3.","referred to in Article 37 of Directive","2016/xx/EU, shall be valued at the","average of its value for tax purposes at the","beginning and at the end of a tax year.","4.","which it is not the economic owner shall","","value that rented or leased asset at eight","times the net annual rental or lease","payment due, less any amounts receivable","from sub-rentals or sub-leases.","A group member renting out or leasing an","asset of which it is not its economic owner","shall value that rented or leased asset at","eight times the net annual rental or lease","payment due.","5.","to a person outside the group following an","intra-group transfer in the same or the","previous tax year shall be included in the","asset factor of the transferring group","member for the period between the intra-","group transfer and the sale to the person","outside the group, except where the group","members concerned demonstrate that the","intra-group transfer was made for","genuine commercial reasons."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"235","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-236","location":[["Proposal for a directive","Article 37 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:49"},"new":["1. 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Where there is no group member in","the Member State where the goods are","delivered or the services are supplied, or","where goods are delivered or services are","supplied in a third country, the sales of","goods and supplies of services shall be","included in the sales factor of all group","members in proportion to their labour and","asset factors."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"238","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-239","location":[[" Proposal for a directive","Article 38 \u2013 paragraph 5"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:49"},"new":["5. Where there is more than one group","member in the Member State where the","goods are delivered or the services are","supplied, the sales shall be included in the","sales factor of all group members located","in that Member State in proportion to their","labour factors."],"old":["5. Where there is more than one group","member in the Member State where the","goods are delivered or the services are","supplied, the sales shall be included in the","sales factor of all group members located","in that Member State in proportion to their","labour and asset factors."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"239","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-240","location":[["Proposal for a directive","Article 39 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:50"},"new":["The Commission may adopt acts laying","down detailed rules on the calculation of","the labour, asset, sales, data and users","factors, the allocation of employees and","payroll, assets and sales to the respective","factor and the valuation of assets. Those","implementing acts shall be adopted in","accordance with the examination procedure","referred to in Article 77(2)."],"old":["The Commission may adopt acts laying","down detailed rules on the calculation of","the labour, asset and sales factors, the","allocation of employees and payroll, assets","and sales to the respective factor and the","valuation of assets. Those implementing","acts shall be adopted in accordance with","the examination procedure referred to in","Article 77(2)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"240","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-241","location":[["Proposal for a directive","Article 39 \u2013 paragraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:50"},"new":["The Commission may adopt acts laying","down detailed rules on the calculation of","the labour and sales factors, the allocation","of employees and payroll, assets and sales","to the respective factor and the valuation of","assets. Those implementing acts shall be","adopted in accordance with the","examination procedure referred to in","Article 77(2)."],"old":["The Commission may adopt acts laying","down detailed rules on the calculation of","the labour, asset and sales factors, the","","allocation of employees and payroll, assets","and sales to the respective factor and the","valuation of assets. Those implementing","acts shall be adopted in accordance with","the examination procedure referred to in","Article 77(2)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"241","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-242","location":[[" Proposal for a directive","Article 40 \u2013 paragraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:50"},"new":["deleted"],"old":["1. The asset factor of a financial","institution, as referred to in point (29)(a),","(d), (e), (f), (g), (h) and (i) of Article 4 of","Directive 2016/xx/EU, shall be 10 % of","the value of financial assets, with the","exception of own shares and of","participations that give rise to tax exempt","income. Financial assets shall include","assets held for trading as referred to in","Article 21 of Directive 2016/xx/EU.","Financial assets shall be included in the","asset factor of the group member that had","those assets recorded in its books when it","became a member of the group."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"242","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Matt Carthy, Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-243","location":[[" Proposal for a directive","Article 40 \u2013 paragraph 2"]],"meps":[124986,124858],"meta":{"created":"2019-07-03T06:13:50"},"new":["2. The sales factor of a financial","institution, as referred to in point (29)(a),","(d), (e), (f), (g), (h) and (i) of Article 4 of","Directive 2016/xx/EU, shall be 20% of its","revenues in the form of interest, fees,","commissions and revenues from securities,","excluding value added tax, other taxes and","duties. Intra-group sales shall not be","included. For the purposes of Article 38(2),","financial services shall be considered to be","carried out, in the case of a secured loan, in","the Member State in which the security is","situated or, if that Member State cannot be","identified, the Member State in which the","security is registered. Other financial","services shall be considered to be carried","out in the Member State of the borrower or","of the person who pays fees, commissions","or other revenue. Where the borrower or","the person who pays fees, commissions or","other revenue cannot be identified or if the","Member State in which the security is","situated or registered cannot be identified,","the sales shall be attributed to all group","members in proportion to their labour and","asset factors."],"old":["2. The sales factor of a financial","institution, as referred to in point (29)(a),","(d), (e), (f), (g), (h) and (i) of Article 4 of","","Directive 2016/xx/EU, shall be 10 % of its","revenues in the form of interest, fees,","commissions and revenues from securities,","excluding value added tax, other taxes and","duties. Intra-group sales shall not be","included. For the purposes of Article 38(2),","financial services shall be considered to be","carried out, in the case of a secured loan, in","the Member State in which the security is","situated or, if that Member State cannot be","identified, the Member State in which the","security is registered. Other financial","services shall be considered to be carried","out in the Member State of the borrower or","of the person who pays fees, commissions","or other revenue. Where the borrower or","the person who pays fees, commissions or","other revenue cannot be identified or if the","Member State in which the security is","situated or registered cannot be identified,","the sales shall be attributed to all group","members in proportion to their labour and","asset factors."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"243","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-244","location":[["Proposal for a directive","Article 41 \u2013 paragraph 1"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:50"},"new":["deleted"],"old":["1. The asset factor of insurance","undertakings, as referred to in point","(29)(b) and (c) of Article 4 of Directive","2016/xx/EU, shall be 10 % of the value of","the financial assets referred to in Article","40(1)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"244","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Matt Carthy, Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-245","location":[[" Proposal for a directive","Article 41 \u2013 paragraph 2"]],"meps":[124986,124858],"meta":{"created":"2019-07-03T06:13:50"},"new":["2. The sales factor of an insurance","undertaking, as referred to in point (29)(b)","and (c) of Article 4 of Directive","2016/xx/EU, shall be 20 % of all earned","premiums, net of reinsurance, allocated","investment returns transferred from the","non-technical account, other technical","revenues, net of reinsurance, and","investment revenues, fees and","commissions, excluding value added tax,","other taxes and duties. For the purposes of","Article 38(2), insurance services shall be","considered to be carried out in the Member","State of the policy holder. Other sales shall","be attributed to all group members in","proportion to their labour and asset factors."],"old":["2. The sales factor of an insurance","undertaking, as referred to in point (29)(b)","and (c) of Article 4 of Directive","2016/xx/EU, shall be 10 % of all earned","premiums, net of reinsurance, allocated","investment returns transferred from the","non-technical account, other technical","revenues, net of reinsurance, and","investment revenues, fees and","commissions, excluding value added tax,","other taxes and duties. For the purposes of","Article 38(2), insurance services shall be","considered to be carried out in the Member","State of the policy holder. Other sales shall","be attributed to all group members in","proportion to their labour and asset factors."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"245","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jakob von Weizs\u00e4cker, Emmanuel Maurel, Pervenche Ber\u00e8s, Udo Bullmann, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-246","location":[[" Proposal for a directive","Article 44 \u2013 paragraph -1 (new)"]],"meps":[125002,124840,24505,1985,4267,125020],"meta":{"created":"2019-07-03T06:13:50"},"new":["-1. No deductions shall be allowed to","the extent that they would lead to an","effective corporate tax rate lower than","18% on revenues, excluding exempt","revenues."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"246","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jakob von Weizs\u00e4cker, Emmanuel Maurel, Pervenche Ber\u00e8s, Udo Bullmann, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-247","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1"]],"meps":[125002,124840,24505,1985,4267,125020],"meta":{"created":"2019-07-03T06:13:50"},"new":["The tax liability of each group member","shall be the outcome of the application of","the national tax rate to the apportioned","share, adjusted in accordance with Article","44, and further reduced with the deductions","provided for in Article 25. A minimum","effective corporate tax rate shall be set at","18%."],"old":["The tax liability of each group member","shall be the outcome of the application of","the national tax rate to the apportioned","share, adjusted in accordance with Article","44, and further reduced with the deductions","provided for in Article 25."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"247","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, Jakob von Weizs\u00e4cker, Emmanuel Maurel, Pervenche Ber\u00e8s, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-248","location":[["Proposal for a directive","Article 45 \u2013 paragraph 1 a (new)"]],"meps":[125002,124840,24505,1985,125020],"meta":{"created":"2019-07-03T06:13:50"},"new":["The Commission shall put forward by 1","January 2019 a legislative proposal for a","minimum effective corporate tax rate at","18% in each Member State, for the","purpose of maximisation of tax efficiency,","so as to make it possible to compare rates","across the Union and which feeds into the","Union own resources. This rate shall be","applied after a phasing-in of five years in","line with the convergence code."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"248","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Paul Tang, Hugues Bayet","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-249","location":[["Proposal for a directive","Article 45 a (new)"]],"meps":[125020,125002],"meta":{"created":"2019-07-03T06:13:50"},"new":["Article 45a","Tax revenues generated from the common","consolidated corporate tax base","The Commission shall by 31st of","December 2019 at the latest propose a","regulation on making the CCCTB-based","own resource available to the EU budget.","Through this regulation a common rate","shall be introduced. This shall be a rate of","5% of the common consolidated corporate","tax base, which shall flow into the","European budget as a new genuine own","resource, in order to proportionally","reduce Member State contributions to the","same budget."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"249","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-250","location":[[" Proposal for a directive","Article 46 \u2013 paragraph 3"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:50"},"new":["3. The principal tax authority shall","transmit the notice immediately to the","competent authorities of all Member States","in which group members are resident for","tax purposes or situated in the form of a","permanent or virtual permanent","establishment. Those authorities may","submit their views and any relevant","information on the validity and scope of","the notice to the principal tax authority","within one month of its transmission."],"old":["3. The principal tax authority shall","transmit the notice immediately to the","competent authorities of all Member States","in which group members are resident for","tax purposes or situated in the form of a","permanent establishment. Those authorities","may submit their views and any relevant","information on the validity and scope of","the notice to the principal tax authority","within one month of its transmission."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"250","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-251","location":[["Proposal for a directive","Article 47 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["1. This Directive shall start applying","to a group one month after the notice to","create a group was received, as referred to","in Article 46(3), by the competent","authorities of all Member States in which","group members are resident for tax","purposes or situated in the form of a","permanent or virtual permanent","establishment. The principal tax authority","shall inform the principal taxpayer in this","regard."],"old":["1. This Directive shall start applying","to a group one month after the notice to","create a group was received, as referred to","in Article 46(3), by the competent","authorities of all Member States in which","group members are resident for tax","purposes or situated in the form of a","permanent establishment. The principal tax","authority shall inform the principal","taxpayer in this regard."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"251","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-252","location":[["Proposal for a directive","Article 48 \u2013 paragraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["The Commission shall adopt an act","establishing a standard form of the notice","to create a group. That implementing act","shall be adopted in accordance with the","examination procedure referred to in","Article 77(2)."],"old":["The Commission may adopt an act","establishing a standard form of the notice","to create a group. That implementing act","shall be adopted in accordance with the","examination procedure referred to in","Article 77(2)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"252","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-253","location":[[" Proposal for a directive","Article 51 \u2013 paragraph 3"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["3. Where the consolidated tax return","does not have the legal status of a tax","assessment for the purposes of enforcing a","tax debt, the competent authority of a","Member State may, in respect of a group","member that is resident for tax purposes or","situated there in the form of a permanent","or virtual permanent establishment, issue","an instrument of national law authorising","enforcement in that Member State. That","instrument shall incorporate the data in the","consolidated tax return concerning the","group member. Appeals shall be permitted","against the instrument exclusively on","grounds of form and not to the underlying","tax assessment. The procedure shall be","governed by the national law of the","relevant Member State."],"old":["3. Where the consolidated tax return","does not have the legal status of a tax","assessment for the purposes of enforcing a","tax debt, the competent authority of a","Member State may, in respect of a group","member that is resident for tax purposes or","situated there in the form of a permanent","establishment, issue an instrument of","national law authorising enforcement in","that Member State. That instrument shall","incorporate the data in the consolidated tax","return concerning the group member.","Appeals shall be permitted against the","instrument exclusively on grounds of form","and not to the underlying tax assessment.","The procedure shall be governed by the","national law of the relevant Member State."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"253","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-254","location":[[" Proposal for a directive","Article 51 \u2013 paragraph 4"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["4. The principal taxpayer shall be","responsible for all procedural obligations","relating to the taxation of permanent or","virtual permanent establishments as","referred to in Article 11(4) or Article 22(3)."],"old":["4. The principal taxpayer shall be","responsible for all procedural obligations","relating to the taxation of permanent","establishments as referred to in Article","11(4) or Article 22(3)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"254","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-255","location":[["Proposal for a directive","Article 55 \u2013 paragraph 1"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:51"},"new":["The Commission will adopt acts laying","down rules on the electronic filing of the","consolidated tax return, on the form of the","consolidated tax return, on the form of the","single taxpayer's tax return and on the","supporting documentation required. Those","implementing acts shall be adopted in","accordance with the examination procedure","referred to in Article 77(2)."],"old":["The Commission may adopt acts laying","down rules on the electronic filing of the","consolidated tax return, on the form of the","consolidated tax return, on the form of the","single taxpayer's tax return and on the","supporting documentation required. Those","implementing acts shall be adopted in","accordance with the examination procedure","referred to in Article 77(2)."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"255","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-256","location":[["Proposal for a directive","Article 56 \u2013 paragraph 5 \u2013 subparagraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["Prior to issuing an amended tax","assessment, the principal tax authority shall","consult the competent authorities of the","Member States in which a group member is","resident for tax purposes or situated in the","form of a permanent or virtual permanent","establishment. Those authorities may","express their views within one month of","consultation."],"old":["Prior to issuing an amended tax","assessment, the principal tax authority shall","consult the competent authorities of the","Member States in which a group member is","resident for tax purposes or situated in the","form of a permanent establishment. Those","authorities may express their views within","one month of consultation."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"256","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-257","location":[["Proposal for a directive","Article 56 \u2013 paragraph 5 \u2013 subparagraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["The competent authority of a Member","State in which a group member is resident","for tax purposes or situated in the form of a","permanent or virtual permanent","establishment may call on the principal tax","authority to issue an amended tax","assessment. Failure of the principal tax","authority to notify within three months of","that call to the competent authority that it","undertakes to issue that amended tax","assessment shall be treated as a refusal."],"old":["The competent authority of a Member","State in which a group member is resident","for tax purposes or situated in the form of a","permanent establishment may call on the","principal tax authority to issue an amended","tax assessment. Failure of the principal tax","authority to notify within three months of","that call to the competent authority that it","undertakes to issue that amended tax","assessment shall be treated as a refusal."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"257","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-258","location":[[" Proposal for a directive","Article 58 \u2013 paragraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["In exceptional circumstances, the","competent tax authorities of the Member","States in which the group members are","resident or in which they have a permanent","or virtual permanent establishment may,","within six months of the notice referred to","in Article 46 or within six months of a","reorganisation involving the principal","taxpayer, decide by common agreement","that a taxpayer other than the taxpayer","designated by the group shall be the","principal taxpayer."],"old":["In exceptional circumstances, the","competent tax authorities of the Member","States in which the group members are","resident or in which they have a permanent","establishment may, within six months of","the notice referred to in Article 46 or","within six months of a reorganisation","involving the principal taxpayer, decide by","common agreement that a taxpayer other","than the taxpayer designated by the group","shall be the principal taxpayer."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"258","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-259","location":[["Proposal for a directive","Article 60 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["A taxpayer shall at the request of the","competent authority of the Member State","in which it is resident or in which its","permanent or virtual permanent","establishment is situated provide all","information foreseeably relevant to the","determination of its tax liability. In","addition, the principal taxpayer shall at the","request of the principal tax authority","provide all information foreseeably","relevant to the determination of the","consolidated tax base or of the tax liability","of any group member."],"old":["A taxpayer shall at the request of the","competent authority of the Member State","in which it is resident or in which its","permanent establishment is situated","provide all information foreseeably","relevant to the determination of its tax","liability. In addition, the principal taxpayer","shall at the request of the principal tax","authority provide all information","foreseeably relevant to the determination of","the consolidated tax base or of the tax","liability of any group member."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"259","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-260","location":[["Proposal for a directive","Article 61 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["A taxpayer may request from the","competent authority of the Member State","in which it is resident or in which it has a","permanent or virtual permanent","establishment an opinion on the","implementation of the rules of this","Directive on a specific transaction or series","of transactions that it plans to carry out. A","taxpayer may also request an opinion on","the proposed composition of a group. The","competent authority shall take all possible","steps to respond to the request within a","reasonable time."],"old":["A taxpayer may request from the","competent authority of the Member State","in which it is resident or in which it has a","permanent establishment an opinion on the","implementation of the rules of this","Directive on a specific transaction or series","of transactions that it plans to carry out. A","taxpayer may also request an opinion on","the proposed composition of a group. The","competent authority shall take all possible","steps to respond to the request within a","reasonable time."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"260","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-261","location":[[" Proposal for a directive","Article 64 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:51"},"new":["deleted"],"old":["The principal tax authority and the other","competent authorities concerned shall","jointly determine the scope and content of","an audit and the group members to be","audited."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"261","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-262","location":[[" Proposal for a directive","Article 65 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:51"},"new":["1. Where the competent authority of","the Member State in which a group","member is resident for tax purposes or","situated in the form of a permanent or","virtual permanent establishment disagrees","with a decision of the principal tax","authority made pursuant to Articles 49 or","56(2) or (4) or the second subparagraph of","Article 56(5) may challenge that decision","before the courts of the Member State of","the principal tax authority within a period","of three months."],"old":["1. Where the competent authority of","the Member State in which a group","member is resident for tax purposes or","situated in the form of a permanent","establishment disagrees with a decision of","the principal tax authority made pursuant","to Articles 49 or 56(2) or (4) or the second","subparagraph of Article 56(5) may","challenge that decision before the courts of","the Member State of the principal tax","authority within a period of three months."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"262","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-263","location":[[" Proposal for a directive","Article 65 \u2013 paragraph 1"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:51"},"new":["1. Where the competent authority of","the Member State in which a group","member is resident for tax purposes or","situated in the form of a permanent","establishment disagrees with a decision of","the principal tax authority made pursuant","to Articles 49 or 56(2) or (4) or the second","subparagraph of Article 56(5) may","challenge that decision through the","Dispute Settlement Mechanism, set out in","paragraph 2 of this Article, within a","period of three months."],"old":["1. Where the competent authority of","the Member State in which a group","member is resident for tax purposes or","situated in the form of a permanent","establishment disagrees with a decision of","the principal tax authority made pursuant","to Articles 49 or 56(2) or (4) or the second","subparagraph of Article 56(5) may","challenge that decision before the courts of","the Member State of the principal tax","authority within a period of three months."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"263","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-264","location":[["Proposal for a directive","Article 65 \u2013 paragraph 1 a (new)"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:52"},"new":["1a. The Commission will consider","different options for a proposal to","establish a Dispute Settlement Mechanism","for the purpose of this Directive."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"264","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-265","location":[["Proposal for a directive","Article 67 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["1. Appeals against amended tax","assessments or tax assessments made","pursuant to Article 54 shall be heard by an","administrative body that according to the","law of the Member State of the principal","tax authority is competent to hear appeals","at first instance. That administrative body","shall be independent from the tax","authorities in the Member State of the","principal tax authority. Where there is no","such administrative body in that Member","State or where the principal taxpayer","prefers so, the principal taxpayer may","lodge a judicial appeal directly."],"old":["1. Appeals against amended tax","assessments or tax assessments made","pursuant to Article 54 shall be heard by an","","administrative body that according to the","law of the Member State of the principal","tax authority is competent to hear appeals","at first instance. That administrative body","shall be independent from the tax","authorities in the Member State of the","principal tax authority. Where there is no","such administrative body in that Member","State, the principal taxpayer may lodge a","judicial appeal directly."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"265","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-266","location":[[" Proposal for a directive","Article 67 \u2013 paragraph 5"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["5. If seized of the case, the","administrative body referred to in","paragraph 1 shall decide on the appeal","within six months. If no decision is","received by the principal taxpayer within","that period, the decision of the principal tax","authority shall be deemed to have been","confirmed."],"old":["5. The administrative body referred to","in paragraph 1 shall decide on the appeal","within six months. If no decision is","received by the principal taxpayer within","that period, the decision of the principal tax","authority shall be deemed to have been","confirmed."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"266","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-267","location":[[" Proposal for a directive","Article 69 \u2013 paragraph 2"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:52"},"new":["2. Where paragraph 1 applies, the","exceeding borrowing costs and EBITDA","shall be calculated at the level of the group","and comprise the results of all group","members."],"old":["2. Where paragraph 1 applies, the","exceeding borrowing costs and EBITDA","shall be calculated at the level of the group","","and comprise the results of all group","members. The amount of EUR 3 000 000","referred to in Article 13 of Directive","2016/xx/EU shall be increased to 5 000","000."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"267","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-268","location":[["Proposal for a directive","Article 69 \u2013 paragraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["2. Where paragraph 1 applies, the","exceeding borrowing costs and EBITDA","shall be calculated at the level of the group","and comprise the results of all group","members. The amount of EUR 1 000 000","referred to in Article 13 of Directive","2016/xx/EU shall be increased to 3 000","000 while respecting the time conditions","set out in article 13 of Directive","2016/xx/EU."],"old":["2. Where paragraph 1 applies, the","exceeding borrowing costs and EBITDA","shall be calculated at the level of the group","and comprise the results of all group","members. The amount of EUR 3 000 000","referred to in Article 13 of Directive","2016/xx/EU shall be increased to 5 000","000."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"268","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-269","location":[["Proposal for a directive","Article 69 \u2013 paragraph 2"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:52"},"new":["2. Where paragraph 1 applies, the","exceeding borrowing costs and EBITDA","shall be calculated at the level of the group","and comprise the results of all group","members, in line with Article 13 of","Directive 2016/xx/EU."],"old":["2. Where paragraph 1 applies, the","exceeding borrowing costs and EBITDA","shall be calculated at the level of the group","and comprise the results of all group","members. The amount of EUR 3 000 000","referred to in Article 13 of Directive","2016/xx/EU shall be increased to 5 000","","000."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"269","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Fabio De Masi, Matt Carthy","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-270","location":[[" Proposal for a directive","Article 71"]],"meps":[124858,124986],"meta":{"created":"2019-07-03T06:13:52"},"new":["Article 71 deleted","Loss relief and recapture","Article 41 of Directive 2016/xx/EU","Transferred losses which have not"],"old":["1.","on loss relief and recapture shall","automatically cease to apply when this","Directive comes into force.","2.","yet been recaptured when this Directive","enters into force shall remain with the","taxpayer to which they have been","transferred."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"270","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-271","location":[[" Proposal for a directive","Article 71"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:52"},"new":["Article 71 deleted","Loss relief and recapture","Article 41 of Directive 2016/xx/EU","Transferred losses which have not"],"old":["1.","on loss relief and recapture shall","automatically cease to apply when this","Directive comes into force.","2.","yet been recaptured when this Directive","","","enters into force shall remain with the","taxpayer to which they have been","transferred."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"271","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-272","location":[["Proposal for a directive","Article 71"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["Article 71 deleted","Loss relief and recapture","Article 41 of Directive 2016/xx/EU","Transferred losses which have not"],"old":["","1.","on loss relief and recapture shall","automatically cease to apply when this","Directive comes into force.","2.","yet been recaptured when this Directive","enters into force shall remain with the","taxpayer to which they have been","transferred."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"272","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Esther de Lange, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-273","location":[["Proposal for a directive","Article 72"]],"meps":[38398,28124],"meta":{"created":"2019-07-03T06:13:52"},"new":["Article 72 deleted","Switch-over"],"old":["For the purposes of this Directive, the","reference to the statutory corporate tax","rate that the taxpayer would have been","subject to in the first subparagraph of","","Article 53(1) of Directive 2016/xx/EU","shall not apply and shall be replaced by","the average statutory corporate tax rate","applicable amongst all Member States","instead."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"273","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-274","location":[[" Proposal for a directive","Article 72 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["1. By way of derogation from points","(c) and (d) of Article 8 of Directive","2016/xx/EU, a taxpayer shall not be","exempt from tax on foreign income that","the taxpayer received as a profit","distribution from an entity in a third","country or as proceeds from the disposal","of shares held in an entity in a third","country where that entity in its country of","tax residence is subject to an effective","corporate tax rate lower than 75% of the","statutory tax rate that the taxpayer would","have been subject to, in connection with","such foreign income, in the Member State","of its residence for tax purposes. Member","States\u2019 conventions for the avoidance of","double taxation between the Member","State in which the taxpayer is resident for","tax purposes and the third country where","that entity is resident for tax purposes","shall be amended accordingly.","2. Where paragraph 1 applies, the","taxpayer shall be subject to tax on the","foreign income with a deduction of the tax","paid in the third country from its tax","liability in the Member State where it is","resident for tax purposes. The deduction","shall not exceed the amount of tax, as","computed before the deduction, which is","attributable to the income that may be","taxed.","3. Member States shall exclude losses","from the scope of this Article in the event","of a disposal of shares in an entity that","has its residence for tax purposes in a","third country."],"old":["For the purposes of this Directive, the","reference to the statutory corporate tax","rate that the taxpayer would have been","subject to in the first subparagraph of","Article 53(1) of Directive 2016/xx/EU","shall not apply and shall be replaced by","the average statutory corporate tax rate","applicable amongst all Member States","instead.","",""],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"274","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Fabio De Masi","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-275","location":[["Proposal for a directive","Article 72 \u2013 paragraph 1"]],"meps":[124858],"meta":{"created":"2019-07-03T06:13:52"},"new":["For the purposes of this Directive, the","reference to the statutory corporate tax rate","that the taxpayer would have been subject","to in the first subparagraph of Article 53(1)","of Directive 2016/xx/EU shall not apply","and shall be replaced by an effective tax","rate of 25%."],"old":["For the purposes of this Directive, the","reference to the statutory corporate tax rate","that the taxpayer would have been subject","to in the first subparagraph of Article 53(1)","of Directive 2016/xx/EU shall not apply","and shall be replaced by the average","statutory corporate tax rate applicable","amongst all Member States instead."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"275","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-276","location":[["Proposal for a directive","Article 72 \u2013 paragraph 1"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:52"},"new":["For the purposes of this Directive, the","reference to the effective corporate tax rate","that the taxpayer would have been subject","to in the first subparagraph of Article 53(1)","of Directive 2016/xx/EU shall not apply","and shall be replaced by the average","effective corporate tax rate applicable","amongst all Member States instead."],"old":["For the purposes of this Directive, the","reference to the statutory corporate tax rate","that the taxpayer would have been subject","to in the first subparagraph of Article 53(1)","of Directive 2016/xx/EU shall not apply","and shall be replaced by the average","statutory corporate tax rate applicable","","","amongst all Member States instead."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"276","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-277","location":[[" Proposal for a directive","Article 73 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["For the purposes of this Directive, the","scope of controlled foreign company","legislation applies as defined under Article","59 of Directive 2016/xx/EU."],"old":["For the purposes of this Directive, the","scope of controlled foreign company","legislation under Article 59 of Directive","2016/xx/EU shall be limited to relations","between group members and entities that","are resident for tax purposes, or","permanent establishments that are","situated, in a third country."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"277","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Peter Simon, Alfred Sant, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-278","location":[[" Proposal for a directive","Article 73 \u2013 paragraph 1"]],"meps":[125002,124870,24505,1985,96836,124781,4533,125020],"meta":{"created":"2019-07-03T06:13:52"},"new":["For the purposes of this Directive, the","scope of controlled foreign company","legislation under Article 59 of Directive","2016/xx/EU shall be limited to relations","between group members and entities that","are resident for tax purposes, or permanent","establishments or digital business","establishments that are situated, in a third","country."],"old":["For the purposes of this Directive, the","scope of controlled foreign company","legislation under Article 59 of Directive","2016/xx/EU shall be limited to relations","between group members and entities that","are resident for tax purposes, or permanent","establishments that are situated, in a third","country."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"278","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-279","location":[["Proposal for a directive","Article 73 \u2013 paragraph 1"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:52"},"new":["For the purposes of this Directive, the","scope of controlled foreign company","legislation under Article 59 of Directive","2016/xx/EU shall be limited to relations","between group members and entities that","are resident for tax purposes, or trust,","partnership and permanent establishments","that are situated, in a third country."],"old":["For the purposes of this Directive, the","scope of controlled foreign company","legislation under Article 59 of Directive","2016/xx/EU shall be limited to relations","between group members and entities that","are resident for tax purposes, or permanent","establishments that are situated, in a third","country."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"279","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-280","location":[["Proposal for a directive","Article 74 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:52"},"new":["For the purposes of this Directive, the","scope of the rules on hybrid mismatches","and related arrangements applies as","defined under Article 61 of Directive","2016/xx/EU."],"old":["For the purposes of this Directive, the","scope of the rules on hybrid mismatches","under Article 61 of Directive 2016/xx/EU","shall be limited to relations between group","members and non-group members that","are associated enterprises, as referred to","in Article 56 of Directive 2016/xx/EU."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"280","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-281","location":[[" Proposal for a directive","Article 75 a (new)"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:53"},"new":["Article 75a","Minimum effective tax rate and","contribution to the Union budget","1. Two years after the date of","implementation of this Directive, Member","States shall not be allowed to set an","effective corporate tax rate below 20%,","whilst no upper limit is set by this","Directive.","2. By way of derogation of paragraph","1, Member States may request an","extended deadline to the European","Commission, so as to keep an effective","corporate tax rate below 20% for longer","than two years after the implementation","of this Directive, but for no longer than","seven years after its implementation. The","derogation request shall be motivated and","authorised by the European Commission.","When deciding on a possible extension of","the phasing-in period for a particular","Member State, due account shall be taken","of the specific situation of that Member","State, the objective reasons for the","request, and the impact of such a","derogation on other Member States.","3. 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That","forum shall provide guidance to","companies and Member States and shall","be coordinated and chaired by","Commission services."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"282","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-283","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1"]],"meps":[125002,96857,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:53"},"new":["The European Parliament shall assess and","be informed of the adoption of delegated","acts by the Commission, of any objection","formulated to them, and of the revocation","of that delegation of powers by the","Council."],"old":["The European Parliament shall be informed","of the adoption of delegated acts by the","Commission, of any objection formulated","to them, and of the revocation of that","delegation of powers by the Council."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"283","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Ram\u00f3n J\u00e1uregui Atondo, Jon\u00e1s Fern\u00e1ndez","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-284","location":[["Proposal for a directive","Article 76 \u2013 paragraph 1 a (new)"]],"meps":[97078,125046],"meta":{"created":"2019-07-03T06:13:53"},"new":["The European Parliament shall produce","an assessment of the CCCTB regime,","once it has been adopted, by the end of","every tax year. That assessment shall take","into account the views of national","parliaments and the outcomes of the tax","policy discussions held under the","procedure of the European Semester,","which shall include tax indicators such as","action to control harmful tax practices in","the Member States, particularly during","inter-parliamentary conferences. The","European Parliament shall send its","opinion and conclusions through a","resolution to the Commission and the","Council by the end of every tax year."],"orig_lang":"es","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"284","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-285","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:53"},"new":["The Commission shall, one year after the","entry into force of this Directive, review its","application and report to the European","Parliament and 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","VIII of this Directive on the apportionment","of the tax bases between the Member","States."],"old":["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","VIII of this Directive on the apportionment","of the tax bases between the Member","States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"285","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, C\u0103t\u0103lin Sorin Ivan, Emmanuel Maurel, Pervenche Ber\u00e8s, Udo Bullmann, Peter Simon, Luigi Morgano, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-286","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1"]],"meps":[125002,96857,24505,1985,4267,96836,124788,125020],"meta":{"created":"2019-07-03T06:13:53"},"new":["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","VIII of this Directive on the apportionment","of the tax bases between the Member","States. In drawing the conclusions of such","a review, the Commission shall propose","the terms and conditions to allocate a part","of the tax revenues generated from the","common consolidated corporate tax base","to the budget of the European Union in","order to proportionally reduce Member","States contributions to the same budget."],"old":["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","VIII of this Directive on the apportionment","of the tax bases between the Member","States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"286","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-287","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:53"},"new":["The Commission shall, five years after the","entry into force of this Directive, review its","application and report to the Council and","the European Parliament on the operation","of this Directive. The report shall in","particular include an analysis of the impact","of the mechanism set up in Chapter VIII of","this Directive on the apportionment of the","tax bases between the Member States."],"old":["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","VIII of this Directive on the apportionment","of the tax bases between the Member","States."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"287","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-288","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 a (new)"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:53"},"new":["The report by the Commission shall be","accompanied by a legislative proposal to","revise the provisions of this Directive","concerning the definition and the method","to calculate the consolidated tax base, in","order to ensure a full consolidation. Such","consolidated tax base shall in particular","be based on one consistent set of","accounting rules and be related to the","group members adjusted cash flows."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"288","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-289","location":[[" Proposal for a directive","Article 79 \u2013 paragraph 1 b (new)"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:53"},"new":["Within 6 months after the adoption of this","Directive, the Commission shall present a","legislative proposal for a minimum","effective tax rate at the European level,","based on a comparative analysis of","national effective tax rates."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"289","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-290","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:53"},"new":["Member States shall adopt and publish, by","the date that is stated in the first","paragraph of Article 70 of Council","Directive 2016/xx/EU 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."],"old":["Member States shall adopt and publish, by","31st December 2020 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."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"290","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-291","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:53"},"new":["Member States shall adopt and publish, by","31st December 2018 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."],"old":["Member States shall adopt and publish, by","31st December 2020 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."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"291","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-292","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:53"},"new":["Member States shall adopt and publish, by","31st December 2019 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."],"old":["Member States shall adopt and publish, by","31st December 2020 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."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"292","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-293","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:53"},"new":["Member States shall adopt and publish, by","31st December 2019 at the latest, the laws,","regulations and administrative 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this Directive.","They shall forthwith communicate to the","Commission the text of those provisions."],"old":["Member States shall adopt and publish, by","31st December 2020 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."],"orig_lang":"it","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"294","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-295","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[118658,96876,28124],"meta":{"created":"2019-07-03T06:13:54"},"new":["Member States shall adopt and publish, by","31st December 2025 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."],"old":["Member States shall adopt and publish, by","31st December 2020 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."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"295","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Lieve Wierinck, Ramon Tremosa i Balcells","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-296","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[183022,97203],"meta":{"created":"2019-07-03T06:13:54"},"new":["They shall apply those provisions from the","date that is stated in the second paragraph","of Article 70 of Council Directive","2016/xx/EU."],"old":["They shall apply those provisions from 1st","January 2021."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"296","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Marco Valli, Laura Agea","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-297","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[124778,124811],"meta":{"created":"2019-07-03T06:13:54"},"new":["They shall apply those provisions from 1st","January 2019."],"old":["They shall apply those provisions from 1st","January 2021."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"297","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Eva Joly on behalf of the Verts/ALE Group","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-298","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96883],"meta":{"created":"2019-07-03T06:13:54"},"new":["They shall apply those provisions from 1st","January 2020."],"old":["They shall apply those provisions from 1st","January 2021."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"298","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Hugues Bayet, Jeppe Kofod, Emmanuel Maurel, Pervenche Ber\u00e8s, Neena Gill, Paul Tang","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-299","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[125002,124870,24505,1985,4533,125020],"meta":{"created":"2019-07-03T06:13:54"},"new":["They shall apply those provisions from 1st","January 2020."],"old":["They shall apply those provisions from 1st","January 2021."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"299","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Marco Zanni","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-300","location":[[" Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[124780],"meta":{"created":"2019-07-03T06:13:54"},"new":["They shall apply those provisions from 1st","January 2020."],"old":["They shall apply those provisions from 1st","January 2021."],"orig_lang":"it","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"300","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":" Brian Hayes, Frank Engel, Gunnar H\u00f6kmark","changes":{},"committee":["ECON"],"date":"2017-09-29T00:00:00","id":"PE609.575-301","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[118658,96876,28124],"meta":{"created":"2019-07-03T06:13:54"},"new":["They shall apply those provisions from 1st","January 2026."],"old":["They shall apply those provisions from 1st","January 2021."],"orig_lang":"en","peid":"PE609.575v01-00","reference":"2016/0336(CNS)","seq":"301","src":"http://www.europarl.europa.eu/doceo/document/ECON-AM-609575_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-16","location":[["Proposal for a directive","Recital 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Within a more globalised,","mobile and digital economic framework,","action to rectify those problems should","therefore address both types of market","deficiencies through the alignment of","company tax systems in the Union and the","creation of a fairer and more coherent tax","environment in which companies can","operate."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify those","problems should therefore address both","types of market deficiencies."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"16","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Angel Dzhambazki","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-17","location":[["Proposal for a directive","Recital 1"]],"meps":[124873],"meta":{"created":"2019-07-03T06:53:18"},"new":["(1) While companies which seek to do","business across frontiers within the Union","may in certain circumstances encounter","administrative obstacles, corporate","taxation of Member States remains a","matter for Member States to determine. In","this regard, underlines the importance of","respect for the principle of subsidiary in","tax matters and draws attention to the","formal objections submitted by several","national parliaments including Ireland,","Sweden, Denmark, Malta, the","Netherlands and Luxembourg concerning","subsidiarity infringements in relation to","corporate tax harmonisation throughout","the EU."],"old":["(1) Companies which seek to do","","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and","effectively take advantage of the","technicalities of a tax system or of","mismatches between two or more tax","systems for the purpose of reducing the","tax liability of companies. Although those","situations highlight shortcomings that are","completely different in nature, they both","create obstacles which impede the proper","functioning of the internal market. Action","to rectify these problems should therefore","address both these types of market","deficiencies."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"17","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Jane Collins","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-18","location":[[" Proposal for a directive","Recital 1"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:18"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"18","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Pascal Durand","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-19","location":[["Proposal for a directive","Recital 1"]],"meps":[124693],"meta":{"created":"2019-07-03T06:53:18"},"new":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","aggressive and sophisticated over time, as","they develop across various jurisdictions","and effectively take advantage of the","technicalities of a tax system or of","mismatches between two or more tax","systems for the purpose of reducing the tax","liability of companies. Although those","situations highlight shortcomings that are","completely different in nature, they both","create obstacles which impede the proper","functioning of the internal market. Action","to rectify these problems should therefore","address both these types of market","deficiencies."],"old":["(1) Companies which seek to do","business across frontiers within the Union","encounter serious obstacles and market","distortions owing to the existence and","interaction of 28 disparate corporate tax","systems. Furthermore, tax planning","structures have become ever-more","sophisticated over time, as they develop","across various jurisdictions and effectively","take advantage of the technicalities of a tax","system or of mismatches between two or","more tax systems for the purpose of","reducing the tax liability of companies.","Although those situations highlight","shortcomings that are completely different","in nature, they both create obstacles which","impede the proper functioning of the","internal market. Action to rectify these","problems should therefore address both","these types of market deficiencies."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"19","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Pascal Durand","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-20","location":[["Proposal for a directive","Recital 2"]],"meps":[124693],"meta":{"created":"2019-07-03T06:53:18"},"new":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. A corporate tax system which","treats the Union as a single market for the","purpose of computing the corporate tax","base of companies would increase","transparency of activities of multinational","enterprises and enable the public to assess","their impact on the economy. It is","therefore necessary to provide for","mechanisms that prevent companies from","taking advantage of mismatches amongst","national tax systems in order to lower their","tax liability. Groups with establishments","within the Union should support the","European Union principles of good","governance. It is equally important to also","stimulate growth and economic","development in the internal market by","facilitating cross-border trade and","corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed"],"old":["(2) To support the proper functioning","of the internal market, the corporate tax","environment in the Union should be shaped","in accordance with the principle that","companies pay their fair share of tax in the","jurisdiction(s) where their profits are","generated. It is therefore necessary to","provide for mechanisms that discourage","companies from taking advantage of","mismatches amongst national tax systems","in order to lower their tax liability. It is","equally important to also stimulate growth","and economic development in the internal","market by facilitating cross-border trade","and corporate investment. To this end, it is","necessary to eliminate both double taxation","and double non-taxation risks in the Union","through eradicating disparities in the","interaction of national corporate tax","systems. At the same time, companies need","an easily workable tax and legal","framework for developing their","commercial activity and expanding it","across borders in the Union. In that","context, remaining cases of discrimination","should also be removed."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"20","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-21","location":[[" Proposal for a directive","Recital 4"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to adopt","a stage-by-stage approach to the ambitious","CCCTB initiative before dividing it into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be enacted, before addressing, at a","second stage, the issue of consolidation.","This directive is part of the second stage,","setting out the conditions for being in a","group, the possible forms that a group can","take and the technical consolidation rules."],"old":["(4) Considering the need to act swiftly","in order to ensure a proper functioning of","the internal market by making it, on the","one hand, friendlier to trade and investment","and, on the other hand, more resilient to tax","avoidance schemes, it is necessary to","divide the ambitious CCCTB initiative into","two separate proposals. At a first stage,","rules on a common corporate tax base","should be enacted, before addressing, at a","second stage, the issue of consolidation."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"21","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-22","location":[["Proposal for a directive","Recital 4 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(4a) In this way, the CCCTB is in line","with Commission efforts to achieve fairer","and more efficient taxation, being largely","complementary to EU company law; it is","also is broadly in line with projects such","as the Capital Markets Union and various","initiatives intended to ensure tax","transparency, promote the exchange of","information and combat money","laundering."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"22","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Pascal Durand","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-23","location":[[" Proposal for a directive","Recital 5"]],"meps":[124693],"meta":{"created":"2019-07-03T06:53:18"},"new":["(5) A size-related threshold should be","fixed on the basis of the total consolidated","revenue of a group which files","consolidated financial statements. In","addition, in order to better serve the aim of","facilitating trade and investment in the","internal market, the rules on a CCCTB","should also be available, as an option, to","those groups that fall short of the size-","related threshold."],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-","border context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules","on a CCCTB should be mandatory only","for groups of companies of a substantial","size. For that purpose, a size-related","threshold should be fixed on the basis of","the total consolidated revenue of a group","which files consolidated financial","statements. In addition, in order to better","serve the aim of facilitating trade and","investment in the internal market, the rules","on a CCCTB should also be available, as","an option, to those groups that fall short of","the size-related threshold."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"23","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-24","location":[[" Proposal for a directive","Recital 5"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a common base should be mandatory only","for companies which belong to a group of a","substantial size, while exempting micro-","enterprises and SMEs. For that purpose, a","size-related threshold should be fixed on","the basis of the total consolidated revenue","of a group which files consolidated","financial statements. In addition, to ensure","coherence between the two steps of the","CCCTB initiative, the rules on a common","base should be mandatory for companies","which would be considered as a group","should the full initiative materialise."],"old":["(5) Many aggressive tax planning","structures tend to feature in a cross-border","context, which implies that the","participating groups of companies possess","a minimum of resources. On this premise,","for reasons of proportionality, the rules on","a common base should be mandatory only","for companies which belong to a group of a","substantial size. For that purpose, a size-","related threshold should be fixed on the","basis of the total consolidated revenue of a","group which files consolidated financial","","statements. In addition, to ensure","coherence between the two steps of the","CCCTB initiative, the rules on a common","base should be mandatory for companies","which would be considered as a group","should the full initiative materialise."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Constance Le Grip","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-25","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[101580],"meta":{"created":"2019-07-03T06:53:19"},"new":["(5a) In a context where the emergence","of the digital economy is tending to call","into question the relevance of traditional","tax rules, it is desirable to take into","account, for purposes of consolidating the","base of a taxpayer, its turnover installed","in a fixed manner in the Member State or","Member States within which the taxpayer","has no physical structure, extending the","concept of \u2018permanent establishment\u2019 to","include virtual establishments."],"orig_lang":"fr","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-26","location":[["Proposal for a directive","Recital 5 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["(5a) Given the digital change in the","business environment, it is necessary to","define and implement the concept of a","\u2018digital business establishment\u2019.","Companies that generate profits in a","Member State without having a physical","establishment there should be treated in","the same way as companies that do have a","physical establishment in that Member","State. Therefore, the CCCTB should also","apply to digital corporations."],"old":[""],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Jane Collins","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-27","location":[[" Proposal for a directive","Recital 8"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:19"},"new":["(8) The revenue from withholding","taxes on interest and royalty payments","should be shared in accordance with the","formula for the apportionment of the","consolidated tax base of the tax year in","which the withholding tax is due, in order","to compensate for the fact that interest and","royalty payments would have previously","led to a deduction and the benefit would","have been shared by the group. The","revenue from withholding taxes on","dividends, however, should not be shared.","Contrary to interest and royalty payments,","dividends are distributed from profits","which have already been subjected to","corporate taxation and therefore, a","dividend distribution does not involve, for","group members, any benefit consisting in a","deduction of business expenses. Any","payments due should be paid to the","Member State and not the EU;"],"old":["(8) The revenue from withholding","taxes on interest and royalty payments","should be shared in accordance with the","formula for the apportionment of the","consolidated tax base of the tax year in","which the withholding tax is due, in order","to compensate for the fact that interest and","royalty payments would have previously","led to a deduction and the benefit would","have been shared by the group. The","revenue from withholding taxes on","dividends, however, should not be shared.","Contrary to interest and royalty payments,","dividends are distributed from profits","which have already been subjected to","corporate taxation and therefore, a","dividend distribution does not involve, for","group members, any benefit consisting in a","deduction of business expenses."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-28","location":[["Proposal for a directive","Recital 10"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation. On the other hand, these","equally weighted factors are more","resilient to aggressive tax planning","practices than the widespread transfer","pricing methods for allocating profit. In","this way, loopholes between national tax","systems, in particular transfer pricing,","which accounts for around 70% of all","profit shifting in the EU, could be","eliminated and a major step taken towards","a fair, efficient and transparent tax","system."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation.",""],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Constance Le Grip","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-29","location":[[" Proposal for a directive","Recital 10"]],"meps":[101580],"meta":{"created":"2019-07-03T06:53:19"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned, including in the case of activities","in the digital economy sector which do not","necessarily require a fixed place in a","Member State in order to carry on an","activity there. Labour and assets should","therefore be allocated to the Member State","where the labour is performed or the assets","are located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow for","a fair distribution of the consolidated tax","base, the labour factor should comprise","both payroll and the number of employees","(i.e. each item counting for half). The asset","factor, on the other hand, should comprise","all fixed tangible assets, but not intangible","and financial assets because of their mobile","nature and the resulting risk that the rules","of this Directive could be circumvented.","Where, due to exceptional circumstances,","the outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation.",""],"orig_lang":"fr","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"29","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Jane Collins","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-30","location":[["Proposal for a directive","Recital 10"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:19"},"new":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and not the EU and should","ensure that profits are taxed where they are","actually earned. Labour and assets should","therefore be allocated to the Member State","and not the EU where the labour is","performed or the assets are located, and","would thereby give appropriate weight to","the interests of the Member State of origin,","whilst sales should be allocated to the","Member State of destination of the goods","or services. The asset factor, on the other","hand, should comprise all fixed tangible","assets, but not intangible and financial","assets because of their mobile nature and","the resulting risk that the rules of this","Directive could be circumvented. Where,","due to exceptional circumstances, the","outcome of the apportionment does not","fairly represent the extent of business","activity, a safeguard clause should provide","for an alternative method of income","allocation."],"old":["(10) The formula apportionment for the","consolidated tax base should comprise","three equally weighted factors, namely","labour, assets and sales by destination.","Those equally weighted factors should","reflect a balanced approach to distributing","taxable profits amongst the relevant","Member States and should ensure that","profits are taxed where they are actually","earned. Labour and assets should therefore","be allocated to the Member State where the","labour is performed or the assets are","located, and would thereby give","appropriate weight to the interests of the","Member State of origin, whilst sales should","be allocated to the Member State of","destination of the goods or services. To","account for differences in the levels of","wages across the Union and thus allow","for a fair distribution of the consolidated","tax base, the labour factor should","comprise both payroll and the number of","employees (i.e. each item counting for","half). The asset factor, on the other hand,","should comprise all fixed tangible assets,","but not intangible and financial assets","because of their mobile nature and the","resulting risk that the rules of this Directive","could be circumvented. Where, due to","exceptional circumstances, the outcome of","the apportionment does not fairly represent","the extent of business activity, a safeguard","clause should provide for an alternative","","method of income allocation."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-31","location":[[" Proposal for a directive","Recital 18"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["(18) Since the objectives of this","Directive, namely to improve the","functioning of the internal market through","countering practices of international tax","avoidance and to facilitate businesses in","expanding across borders within the Union,","cannot be sufficiently achieved by the","Member States acting individually and in a","disparate fashion because coordinated","action is necessary to obtain these","objectives, but can rather, by reason of the","fact that the Directive targets inefficiencies","of the internal market that originate in the","interaction between disparate national tax","rules which impact on the internal market","and discourage cross-border activity, be","better achieved at Union level, the Union","may adopt measures, in accordance with","the principle of subsidiarity as set out in","Article 5 of the Treaty on European Union.","In accordance with the principle of","proportionality, as set out in that Article,","this Directive does not go beyond what is","necessary in order to achieve those","objectives, especially considering that its","mandatory scope is limited to groups","beyond a certain size. In fact, the","envisaged measures do not go further","than harmonising the corporate tax base,","which is a prerequisite for curbing","identified obstacles that distort the","internal market. Furthermore, this stage-","by-stage approach entitles Member States","to determine their desired amount of tax","revenues in order to meet their budgetary","policy targets. At the same time, it does","not affect Member States' right to set their","own profits tax rate."],"old":["(18) Since the objectives of this","Directive, namely to improve the","functioning of the internal market through","countering practices of international tax","avoidance and to facilitate businesses in","expanding across borders within the Union,","cannot be sufficiently achieved by the","Member States acting individually and in a","disparate fashion because coordinated","action is necessary to obtain these","objectives, but can rather, by reason of the","fact that the Directive targets inefficiencies","of the internal market that originate in the","interaction between disparate national tax","rules which impact on the internal market","and discourage cross-border activity, be","better achieved at Union level, the Union","may adopt measures, in accordance with","the principle of subsidiarity as set out in","Article 5 of the Treaty on European Union.","In accordance with the principle of","proportionality, as set out in that Article,","this Directive does not go beyond what is","necessary in order to achieve those","objectives, especially considering that its","mandatory scope is limited to groups","beyond a certain size.",""],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Jane Collins","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-32","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:19"},"new":["2. A company that applies the rules of","this Directive will still be subject to the","national corporate tax law, where there is a","conflict, the national corporate tax law","takes precedence, unless otherwise stated."],"old":["2. A company that applies the rules of","this Directive shall cease to be subject to","the national corporate tax law in respect of","all matters regulated by this Directive,","unless otherwise stated."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-33","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["1. The rules of this Directive shall","apply to a company that is established","under the laws of a Member State,","including its permanent and digital","business establishments in other Member","States, where the company meets all of the","following conditions:"],"old":["1. The rules of this Directive shall","apply to a company that is established","under the laws of a Member State,","including its permanent establishments in","other Member States, where the company","meets all of the following conditions:"],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Angel Dzhambazki","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-34","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point c"]],"meps":[124873],"meta":{"created":"2019-07-03T06:53:19"},"new":["(c) it belongs to a consolidated group","for financial accounting purposes with a","total consolidated group revenue that","exceeded EUR 750 000 000 (or equivalent","in domestic currency) during the financial","year preceding the relevant financial year;"],"old":["(c) it belongs to a consolidated group","for financial accounting purposes with a","total consolidated group revenue that","exceeded EUR 750 000 000 during the","financial year preceding the relevant","financial year;"],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Pascal Durand","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-35","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point c"]],"meps":[124693],"meta":{"created":"2019-07-03T06:53:19"},"new":["(c) it belongs to a consolidated group","for financial accounting purposes with a","total consolidated group revenue that","exceeded EUR 40 000 000 during the","financial year preceding the relevant","financial year;"],"old":["(c) it belongs to a consolidated group","for financial accounting purposes with a","total consolidated group revenue that","exceeded EUR 750 000 000 during the","financial year preceding the relevant","financial year;"],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Constance Le Grip","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-36","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 \u2013 point c"]],"meps":[101580],"meta":{"created":"2019-07-03T06:53:19"},"new":["(c) it belongs to a consolidated group","for financial accounting purposes with a","total consolidated group revenue that","exceeded EUR 40 000 000 during the","financial year preceding the relevant","financial year;"],"old":["(c) it belongs to a consolidated group","for financial accounting purposes with a","total consolidated group revenue that","exceeded EUR 750 000 000 during the","financial year preceding the relevant","financial year;"],"orig_lang":"fr","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Constance Le Grip","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-37","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[101580],"meta":{"created":"2019-07-03T06:53:20"},"new":["This Directive shall also apply to a","company that is established under the laws","of a third country in respect of its","permanent establishments situated in one","or more Member States, and in relation to","turnover installed in a fixed manner in","one or more Member States, where the","company meets the conditions laid down in","points (b) to (d) of paragraph 1."],"old":["This Directive shall also apply to a","company that is established under the laws","of a third country in respect of its","permanent establishments situated in one","or more Member State where the company","meets the conditions laid down in points","(b) to (d) of paragraph 1."],"orig_lang":"fr","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-38","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:20"},"new":["This Directive shall also apply to a","company that is established under the laws","of a third country in respect of its","permanent establishments situated in one","or more Member States, and in relation to","revenues otherwise accrued in a Member","State, where the company meets the","conditions laid down in points (b) to (d) of","paragraph 1."],"old":["This Directive shall also apply to a","company that is established under the laws","of a third country in respect of its","permanent establishments situated in one","or more Member States where the","company meets the conditions laid down in","points (b) to (d) of paragraph 1."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Evelyn Regner, Sylvia-Yvonne Kaufmann","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-39","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96998,1849],"meta":{"created":"2019-07-03T06:53:20"},"new":["2a. This Directive shall also apply to","businesses established under the laws of a","third country in respect of their digital","business establishments that are","specifically directed towards consumers or","businesses in a Member State or that","principally receive their revenue from","activity in a Member State, where the","business meets the conditions laid down","in points (b) to (d) of paragraph 1. For the","purpose of ascertaining whether a digital","establishment is specifically directed","towards consumers or businesses in a","Member State, the physical locations of","the consumers or users and suppliers of","the goods and services provided shall be","taken into account, in accordance with","the OECD\u2019s BEPS Action 1. If these","cannot be ascertained, regard shall be had","to whether the establishment is","conducting its business under the top level","domain of the Member State or of the","Union or, in relation to mobile-","application-based businesses, is","distributing its application via the","Member State-specific part of a mobile","application distribution centre or whether","the business is conducted under a domain","which \u2013 for example as a result of the use","of names of Member States, regions or","towns \u2013 makes it clear that the","establishment is directed towards","consumers or businesses in a Member","State, or the business activity is subject to","General Terms and Conditions applicable","specifically for the European Union or a","Member State, or the web presence of the","business provides advertising space","specifically aimed at consumers and","businesses in a Member State."],"orig_lang":"de","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Evelyn Regner, Sylvia-Yvonne Kaufmann","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-40","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 28 a (new)"]],"meps":[96998,1849],"meta":{"created":"2019-07-03T06:53:20"},"new":["(28a) \u2018digital establishment\u2019 means - as","defined by the OECD\u2019s BEPS Action 1 -","an establishment which is specifically","directed towards consumers or businesses","in a Member State, with due regard for","the physical locations of the consumers or","users and of suppliers of the goods and","services provided. If these cannot be","ascertained, regard shall be had to","whether the establishment is conducting","its business under the top level domain of","the Member State or of the Union or, in","relation to mobile-application-based","businesses, is distributing its application","via the Member State-specific part of a","mobile application distribution centre or","whether the business is conducted under a","domain which \u2013 for example as a result of","the use of names of Member States,","regions or towns \u2013 makes it clear that the","establishment is directed towards","consumers or businesses in a Member","State, or the business activity is subject to","General Terms and Conditions applicable","specifically for the European Union or a","Member State, or the web presence of the","business offers advertising space","specifically aimed at consumers and","businesses in a Member State."],"orig_lang":"de","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-41","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 28 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:20"},"new":["(28a) \u2018Digital business establishment\u2019","means an establishment specifically","directed towards consumers and","businesses in a Member State and, to that","end, account shall be taken of whether the","activity is being carried out in the top-","level domain of the Member State or of","the Union and whether mobile","applications are being distributed through","part of a distribution centre specifically","intended for that purpose in the Member","State concerned."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-42","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 point d a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:20"},"new":["(da) a digital business establishment."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":" Jane Collins","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-43","location":[[" Proposal for a directive","Article 39 \u2013 paragraph 1"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:20"},"new":["The Commission may adopt acts laying","down detailed rules on the calculation of","the labour, asset and sales factors, assets","and sales to the respective factor and the","valuation of assets. Those implementing","acts shall be adopted in accordance with","the examination procedure referred to in","Article 77(2)."],"old":["The Commission may adopt acts laying","down detailed rules on the calculation of","the labour, asset and sales factors, the","allocation of employees and payroll, assets","and sales to the respective factor and the","valuation of assets. Those implementing","acts shall be adopted in accordance with","","the examination procedure referred to in","Article 77(2)."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-44","location":[["Proposal for a directive","Article 79 \u2013 paragraph 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:20"},"new":["The Commission shall, five years after the","entry into force of this Directive, review its","application and report to the Council and","the European Parliament on the operation","of this Directive. The report shall in","particular include an analysis of the impact","of the mechanism set up in Chapter VIII of","this Directive on the apportionment of the","tax bases between the Member States."],"old":["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","VIII of this Directive on the apportionment","of the tax bases between the Member","States."],"orig_lang":"ro","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"},{"authors":"Angel Dzhambazki","changes":{},"committee":["JURI"],"date":"2017-05-15T00:00:00","id":"PE604.719-45","location":[["Proposal for a directive","Article 80 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124873],"meta":{"created":"2019-07-03T06:53:20"},"new":["Member States who opt in may adopt and","publish, by 31st December 2020 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."],"old":["Member States shall adopt and publish, by","31st December 2020 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."],"orig_lang":"en","peid":"PE604.719v01-00","reference":"2016/0336(CNS)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-604719_EN.pdf"}],"changes":{"2016-11-15T01:29:09":[{"data":[{"body":"EC","commission":[],"date":"2016-10-25T00:00:00","docs":[{"title":"COM(2016)0683","type":"Legislative proposal published","url":"http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0683/COM_COM(2016)0683(ANN)_EN.pdf"}],"type":"Legislative proposal published"}],"path":["activities"],"type":"added"},{"data":[],"path":["other"],"type":"added"},{"data":[{"body":"EP","committee":"ECON","committee_full":"Economic and Monetary Affairs","responsible":true},{"body":"EP","committee":"IMCO","committee_full":"Internal Market and Consumer Protection","responsible":false},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","responsible":null}],"path":["committees"],"type":"added"},{"data":{},"path":["links"],"type":"added"},{"data":{"instrument":"Directive","legal_basis":["Treaty on the Functioning of the EU TFEU 115"],"reference":"2016/0336(CNS)","stage_reached":"Preparatory phase in Parliament","subject":["3.45.04 Company taxation"],"subtype":"Legislation","summary":["See also"],"title":"Common consolidated corporate tax base (CCCTB)","type":"CNS - Consultation procedure"},"path":["procedure"],"type":"added"}],"2016-11-22T00:26:08":[{"data":"CELEX:52016PC0683:EN","path":["activities",0,"docs",0,"celexid"],"type":"added"}],"2016-11-23T02:41:06":[{"data":false,"path":["committees",2,"responsible"],"type":"added"},{"data":"Economic and Social Committee","path":["procedure","Mandatory consultation of other institutions"],"type":"added"}],"2016-11-26T02:47:56":[{"data":["
PURPOSE: to present a proposal for a re-launched\nCommon Consolidated Corporate Tax Base (CCCTB) to ensure a\ncorporate tax system that encourages growth and fairness in the\ninternal market.
\nPROPOSED ACT: Council Directive.
\nROLE OF THE EUROPEAN PARLIAMENT: the Council adopts\nthe act after consulting Parliament but without being obliged to\nfollow the latters opinion.
\nBACKGROUND: currently, businesses with cross-border\nactivity have to comply with up to 28 divergent corporate tax\nsystems. Generally, corporate income is taxed at national\nlevel, but the economic environment has become more globalised,\nmobile and digital. Business models and corporate structures are\nmore complex, making it easier to shift profits.
\nIn March 2011, the Commission proposed a directive\nfor a Common Consolidated Corporate Tax Base (CCCTB). The\nproposal, which is still pending in Council, aims to provide\ncompanies with a single set of corporate tax rules for doing\nbusiness across the internal market, thereby facilitating their\ncross-border activity.
\nThe discussions in Council since 2011 have shown that\nthe CCCTB proposal is unlikely to get adopted, in its entirety,\nwithout a staged approach. The Commission, in its action\nplan of June 2015, advocated a step-by-step approach to the\nCCCTB.
\nConsidering the need to act swiftly in order to ensure\na proper functioning of the internal market by making it, on the\none hand, friendlier to trade and investment and, on the other\nhand, more resilient to tax avoidance schemes, the Commission\nconsiders it necessary to divide the ambitious CCCTB initiative\ninto two separate proposals. It proposes, at a first\nstage, rules on a\ncommon corporate tax base, before addressing, at a second\nstage, the issue of consolidation.
\nThis proposal for a Directive focuses on the\nso-called 'second step' of the staged approach (consolidation),\ni.e. after the elements of the common base have politically been\nagreed. Until this is achieved, the 2011 proposal for a CCCTB will\nremain pending for examination in Council. The\nCommission will submit the two proposals, i.e. for a common\ncorporate tax base and a CCCTB, simultaneously and as part of a\nsingle initiative. The proposal of 2011 will be withdrawn at the\nsame time as the Commission adopts the new proposals.
\nThis initiative on re-launching the CCCTB features\nprominently in the Commissions larger project in the\nfield of fairer taxation. It will be presented at the same time as\nthe proposal for a directive on hybrid mismatches involving third\ncountries (which will amend the Directive tax avoidance) and a\ndirective on dispute settlement.
\nIMPACT ASSESSMENT: the main policy option that has\nbeen considered is a proposal for a common consolidated corporate\ntax base. A key choice to be made relates to the scope of such a\ntax base, i.e. to whom it would apply.
\nAssessing the different options has led to a preferred\noption: a CCCTB mandatory for large companies, equipped with an\n'Allowance for Growth and Investment' and with an allowance for\nresearch and development expenses.
\nThe anticipated economic benefits of the proposal are\npositive, leading to an increase in investment and employment of up\nto 3.4% and 0.6%, respectively. Overall, growth would\nincrease by up to 1.2%.
\nCONTENT: the proposal is the 'second step' in a staged\napproach towards an EU-wide corporate tax system with\ncross-border consolidation of the tax results amongst\nmembers of the same group.
\nScope: in contrast to\nthe proposal of 2011, which laid down an optional system for all,\nthis proposal will be mandatory for groups of companies\nbeyond a certain size (whose consolidated turnover is above EUR\n750 million). The threshold is in line with the approach taken in\nother EU initiatives to counter tax avoidance.
\nAt the same time, the common rules will be available,\nas an option, to a wide scope of groups that fall short of the size\nthreshold. This allows SMEs and micro-enterprises the opportunity\nto benefit from the advantages of a CCCTB without making it\ncompulsory for this set of companies.
\nDefinition of group: (unchanged compared to the\nproposal of 2011): eligibility\nfor the consolidated tax group will be determined in accordance\nwith a two-part test based on (i) control (more than 50% of\nvoting rights) and (ii) ownership (more than 75 % of equity) or\nrights to profits (more than 75 % of rights giving entitlement to\nprofit). These thresholds must be met throughout the tax year;\notherwise, the failing company will have to leave the group\nimmediately.
\nBusiness reorganisations and taxation of losses and\nunrealised capital gains: the\nproposed framework chiefly involves the treatment of losses and\nunrealised capital gains on entering and leaving the\ngroup.
\nThere are rules to deal with unrealised\ncapital gains which have accrued to fixed assets where the\nassets are disposed of within a short period after their entry\ninto, or exit from, a group. A Member State (in the case of an\nentry into a group) or the group (in the case of an exit from a\ngroup) are given the right to tax underlying capital gains to the\nextent those were created in their tax jurisdiction. Moreover, the\ntax treatment of capital gains engrained in self-generated\nintangible assets calls for a customised approach, which will\ninvolve assessing them on the basis of a suitable proxy, that is to\nsay, research and development, and marketing and\nadvertising costs over a specified period.
\nWithholding taxes (unchanged compared to the\nproposal of 2011): the proceeds of\nwithholding taxes charged on interest and royalty payments made by\ntaxpayers will be shared according to the formula of that tax year.\nWithholding taxes charged on dividends will not be\nshared.
\nPreventing circumvention of tax\nexemptions (unchanged compared to the proposal of\n2011): the tax exemption in favour of\ndisposals of shares will be disallowed if this is illegitimately\nextended to sales of assets other than shares.
\nFormula for apportionment: one of the principal elements of the proposal is the\nformulary apportionment, comprised of three equally weighted\nfactors (i.e. labour, assets and sales by destination). This\ncombination reflects a balanced approach to distributing taxable\nprofits amongst eligible Member States.
\nAdministrative procedures: in contrast to the proposal of 2011, the common\nadministrative rules are limited to the consolidated\ngroup.
\nGroups will deal with a single tax\nadministration in the EU ('principal tax authority' or\n'one-stop-shop'.) This will be based in the Member State where the\nparent company of the group ('principal taxpayer') is resident for\ntax purposes. Audits will be initiated and coordinated by the\nprincipal tax authority.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty of the Functioning of the European\nUnion.
\nPURPOSE: to present a proposal for a re-launched\nCommon Consolidated Corporate Tax Base (CCCTB) to ensure a\ncorporate tax system that encourages growth and fairness in the\ninternal market.
\nPROPOSED ACT: Council Directive.
\nROLE OF THE EUROPEAN PARLIAMENT: the Council adopts\nthe act after consulting Parliament but without being obliged to\nfollow the latters opinion.
\nBACKGROUND: currently, businesses with cross-border\nactivity have to comply with up to 28 divergent corporate tax\nsystems. Generally, corporate income is taxed at national\nlevel, but the economic environment has become more globalised,\nmobile and digital. Business models and corporate structures are\nmore complex, making it easier to shift profits.
\nIn March 2011, the Commission proposed a directive\nfor a Common Consolidated Corporate Tax Base (CCCTB). The\nproposal, which is still pending in Council, aims to provide\ncompanies with a single set of corporate tax rules for doing\nbusiness across the internal market, thereby facilitating their\ncross-border activity.
\nThe discussions in Council since 2011 have shown that\nthe CCCTB proposal is unlikely to get adopted, in its entirety,\nwithout a staged approach. The Commission, in its action\nplan of June 2015, advocated a step-by-step approach to the\nCCCTB.
\nConsidering the need to act swiftly in order to ensure\na proper functioning of the internal market by making it, on the\none hand, friendlier to trade and investment and, on the other\nhand, more resilient to tax avoidance schemes, the Commission\nconsiders it necessary to divide the ambitious CCCTB initiative\ninto two separate proposals. It proposes, at a first\nstage, rules on a\ncommon corporate tax base, before addressing, at a second\nstage, the issue of consolidation.
\nThis proposal for a Directive focuses on the\nso-called 'second step' of the staged approach (consolidation),\ni.e. after the elements of the common base have politically been\nagreed. Until this is achieved, the 2011 proposal for a CCCTB will\nremain pending for examination in Council. The\nCommission will submit the two proposals, i.e. for a common\ncorporate tax base and a CCCTB, simultaneously and as part of a\nsingle initiative. The proposal of 2011 will be withdrawn at the\nsame time as the Commission adopts the new proposals.
\nThis initiative on re-launching the CCCTB features\nprominently in the Commissions larger project in the\nfield of fairer taxation. It will be presented at the same time as\nthe proposal for a directive on hybrid mismatches involving third\ncountries (which will amend the Directive tax avoidance) and a\ndirective on dispute settlement.
\nIMPACT ASSESSMENT: the main policy option that has\nbeen considered is a proposal for a common consolidated corporate\ntax base. A key choice to be made relates to the scope of such a\ntax base, i.e. to whom it would apply.
\nAssessing the different options has led to a preferred\noption: a CCCTB mandatory for large companies, equipped with an\n'Allowance for Growth and Investment' and with an allowance for\nresearch and development expenses.
\nThe anticipated economic benefits of the proposal are\npositive, leading to an increase in investment and employment of up\nto 3.4% and 0.6%, respectively. Overall, growth would\nincrease by up to 1.2%.
\nCONTENT: the proposal is the 'second step' in a staged\napproach towards an EU-wide corporate tax system with\ncross-border consolidation of the tax results amongst\nmembers of the same group.
\nScope: in contrast to\nthe proposal of 2011, which laid down an optional system for all,\nthis proposal will be mandatory for groups of companies\nbeyond a certain size (whose consolidated turnover is above EUR\n750 million). The threshold is in line with the approach taken in\nother EU initiatives to counter tax avoidance.
\nAt the same time, the common rules will be available,\nas an option, to a wide scope of groups that fall short of the size\nthreshold. This allows SMEs and micro-enterprises the opportunity\nto benefit from the advantages of a CCCTB without making it\ncompulsory for this set of companies.
\nDefinition of group: (unchanged compared to the\nproposal of 2011): eligibility\nfor the consolidated tax group will be determined in accordance\nwith a two-part test based on (i) control (more than 50% of\nvoting rights) and (ii) ownership (more than 75 % of equity) or\nrights to profits (more than 75 % of rights giving entitlement to\nprofit). These thresholds must be met throughout the tax year;\notherwise, the failing company will have to leave the group\nimmediately.
\nBusiness reorganisations and taxation of losses and\nunrealised capital gains: the\nproposed framework chiefly involves the treatment of losses and\nunrealised capital gains on entering and leaving the\ngroup.
\nThere are rules to deal with unrealised\ncapital gains which have accrued to fixed assets where the\nassets are disposed of within a short period after their entry\ninto, or exit from, a group. A Member State (in the case of an\nentry into a group) or the group (in the case of an exit from a\ngroup) are given the right to tax underlying capital gains to the\nextent those were created in their tax jurisdiction. Moreover, the\ntax treatment of capital gains engrained in self-generated\nintangible assets calls for a customised approach, which will\ninvolve assessing them on the basis of a suitable proxy, that is to\nsay, research and development, and marketing and\nadvertising costs over a specified period.
\nWithholding taxes (unchanged compared to the\nproposal of 2011): the proceeds of\nwithholding taxes charged on interest and royalty payments made by\ntaxpayers will be shared according to the formula of that tax year.\nWithholding taxes charged on dividends will not be\nshared.
\nPreventing circumvention of tax\nexemptions (unchanged compared to the proposal of\n2011): the tax exemption in favour of\ndisposals of shares will be disallowed if this is illegitimately\nextended to sales of assets other than shares.
\nFormula for apportionment: one of the principal elements of the proposal is the\nformulary apportionment, comprised of three equally weighted\nfactors (i.e. labour, assets and sales by destination). This\ncombination reflects a balanced approach to distributing taxable\nprofits amongst eligible Member States.
\nAdministrative procedures: in contrast to the proposal of 2011, the common\nadministrative rules are limited to the consolidated\ngroup.
\nGroups will deal with a single tax\nadministration in the EU ('principal tax authority' or\n'one-stop-shop'.) This will be based in the Member State where the\nparent company of the group ('principal taxpayer') is resident for\ntax purposes. Audits will be initiated and coordinated by the\nprincipal tax authority.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty of the Functioning of the European\nUnion.
\nPURPOSE: to present a proposal for a re-launched\nCommon Consolidated Corporate Tax Base (CCCTB) to ensure a\ncorporate tax system that encourages growth and fairness in the\ninternal market.
\nPROPOSED ACT: Council Directive.
\nROLE OF THE EUROPEAN PARLIAMENT: the Council adopts\nthe act after consulting Parliament but without being obliged to\nfollow the latters opinion.
\nBACKGROUND: currently, businesses with cross-border\nactivity have to comply with up to 28 divergent corporate tax\nsystems. Generally, corporate income is taxed at national\nlevel, but the economic environment has become more globalised,\nmobile and digital. Business models and corporate structures are\nmore complex, making it easier to shift profits.
\nIn March 2011, the Commission proposed a directive\nfor a Common Consolidated Corporate Tax Base (CCCTB). The\nproposal, which is still pending in Council, aims to provide\ncompanies with a single set of corporate tax rules for doing\nbusiness across the internal market, thereby facilitating their\ncross-border activity.
\nThe discussions in Council since 2011 have shown that\nthe CCCTB proposal is unlikely to get adopted, in its entirety,\nwithout a staged approach. The Commission, in its action\nplan of June 2015, advocated a step-by-step approach to the\nCCCTB.
\nConsidering the need to act swiftly in order to ensure\na proper functioning of the internal market by making it, on the\none hand, friendlier to trade and investment and, on the other\nhand, more resilient to tax avoidance schemes, the Commission\nconsiders it necessary to divide the ambitious CCCTB initiative\ninto two separate proposals. It proposes, at a first\nstage, rules on a\ncommon corporate tax base, before addressing, at a second\nstage, the issue of consolidation.
\nThis proposal for a Directive focuses on the\nso-called 'second step' of the staged approach (consolidation),\ni.e. after the elements of the common base have politically been\nagreed. Until this is achieved, the 2011 proposal for a CCCTB will\nremain pending for examination in Council. The\nCommission will submit the two proposals, i.e. for a common\ncorporate tax base and a CCCTB, simultaneously and as part of a\nsingle initiative. The proposal of 2011 will be withdrawn at the\nsame time as the Commission adopts the new proposals.
\nThis initiative on re-launching the CCCTB features\nprominently in the Commissions larger project in the\nfield of fairer taxation. It will be presented at the same time as\nthe proposal for a directive on hybrid mismatches involving third\ncountries (which will amend the Directive tax avoidance) and a\ndirective on dispute settlement.
\nIMPACT ASSESSMENT: the main policy option that has\nbeen considered is a proposal for a common consolidated corporate\ntax base. A key choice to be made relates to the scope of such a\ntax base, i.e. to whom it would apply.
\nAssessing the different options has led to a preferred\noption: a CCCTB mandatory for large companies, equipped with an\n'Allowance for Growth and Investment' and with an allowance for\nresearch and development expenses.
\nThe anticipated economic benefits of the proposal are\npositive, leading to an increase in investment and employment of up\nto 3.4% and 0.6%, respectively. Overall, growth would\nincrease by up to 1.2%.
\nCONTENT: the proposal is the 'second step' in a staged\napproach towards an EU-wide corporate tax system with\ncross-border consolidation of the tax results amongst\nmembers of the same group.
\nScope: in contrast to\nthe proposal of 2011, which laid down an optional system for all,\nthis proposal will be mandatory for groups of companies\nbeyond a certain size (whose consolidated turnover is above EUR\n750 million). The threshold is in line with the approach taken in\nother EU initiatives to counter tax avoidance.
\nAt the same time, the common rules will be available,\nas an option, to a wide scope of groups that fall short of the size\nthreshold. This allows SMEs and micro-enterprises the opportunity\nto benefit from the advantages of a CCCTB without making it\ncompulsory for this set of companies.
\nDefinition of group: (unchanged compared to the\nproposal of 2011): eligibility\nfor the consolidated tax group will be determined in accordance\nwith a two-part test based on (i) control (more than 50% of\nvoting rights) and (ii) ownership (more than 75 % of equity) or\nrights to profits (more than 75 % of rights giving entitlement to\nprofit). These thresholds must be met throughout the tax year;\notherwise, the failing company will have to leave the group\nimmediately.
\nBusiness reorganisations and taxation of losses and\nunrealised capital gains: the\nproposed framework chiefly involves the treatment of losses and\nunrealised capital gains on entering and leaving the\ngroup.
\nThere are rules to deal with unrealised\ncapital gains which have accrued to fixed assets where the\nassets are disposed of within a short period after their entry\ninto, or exit from, a group. A Member State (in the case of an\nentry into a group) or the group (in the case of an exit from a\ngroup) are given the right to tax underlying capital gains to the\nextent those were created in their tax jurisdiction. Moreover, the\ntax treatment of capital gains engrained in self-generated\nintangible assets calls for a customised approach, which will\ninvolve assessing them on the basis of a suitable proxy, that is to\nsay, research and development, and marketing and\nadvertising costs over a specified period.
\nWithholding taxes (unchanged compared to the\nproposal of 2011): the proceeds of\nwithholding taxes charged on interest and royalty payments made by\ntaxpayers will be shared according to the formula of that tax year.\nWithholding taxes charged on dividends will not be\nshared.
\nPreventing circumvention of tax\nexemptions (unchanged compared to the proposal of\n2011): the tax exemption in favour of\ndisposals of shares will be disallowed if this is illegitimately\nextended to sales of assets other than shares.
\nFormula for apportionment: one of the principal elements of the proposal is the\nformulary apportionment, comprised of three equally weighted\nfactors (i.e. labour, assets and sales by destination). This\ncombination reflects a balanced approach to distributing taxable\nprofits amongst eligible Member States.
\nAdministrative procedures: in contrast to the proposal of 2011, the common\nadministrative rules are limited to the consolidated\ngroup.
\nGroups will deal with a single tax\nadministration in the EU ('principal tax authority' or\n'one-stop-shop'.) This will be based in the Member State where the\nparent company of the group ('principal taxpayer') is resident for\ntax purposes. Audits will be initiated and coordinated by the\nprincipal tax authority.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty of the Functioning of the European\nUnion.
\nThe Committee on Economic and Monetary Affairs\nadopted, following Parliaments\nconsultation, the report by Alain\nLAMASSOURE (EPP, FR) on the\nproposal for a Council directive on a Common Consolidated Corporate\nTax Base (CCCTB).
\nThe committee recommended that the European\nParliament approve the Commission proposal subject to the following\namendments:
\nThe report noted that in times of globalisation\nand digitalisation, taxation of in particular financial and\nintellectual capital on a source base is becoming increasingly\nharder to retrace and easier to manipulate. The mainstream\ndigitalisation of many sectors of the economy coupled with the fast\ndeveloping digital economy calls into question the suitability of\nthe Union corporate tax models.
\nSubject matter: Members are calling for a\nDirective which aims to establish a common base for the\ntaxation in the Union of certain companies and lays down rules\nfor the calculation of that base, including rules on measures to\nprevent tax avoidance and on measures relating to the international\ndimension of the proposed tax system.
\nOnce implemented in all Member States, a CCCTB\nwould ensure that taxes are paid the internal market. Such an\napproach would best serve the aim of eradicating distortions in the\nfunctioning of the internal market and act as a powerful to tackle\naggressive tax planning.
\nConsidering the need to act swiftly in order to\nensure a proper functioning of the internal market by making it, on\nthe one hand, friendlier to trade and investment and, on the other\nhand, more resilient to tax avoidance schemes, it is very important\nto ensure simultaneous entry into force of the Directive\non a Common Corporate Tax Base and the Directive on a Common\nConsolidated Corporate Tax Base. Because such a change of\nregime is a significant step in the completion of the internal\nmarket, it needs flexibility in order to be properly executed from\nthe outset. Hence, as the internal market encompasses all Member\nStates, the CCCTB should be introduced in all Member\nStates.
\nScope: the rules of this Directive shall apply to a\ncompany that is established under the laws of a Member State,\nincluding its permanent and digital permanent establishments\nin other Member States, where the company meets specific\nconditions, in particular, that they belong to a consolidated group\nfor financial accounting purposes with a total consolidated group\nrevenue that exceeded EUR 750 million during the financial\nyear preceding the relevant financial year. That threshold shall be\nlowered to zero over a maximum period of seven\nyears.
\nTax residence: the\namended text stipulated that a resident taxpayer shall be\nsubject to corporate tax on all income generated by any\nactivity, whether inside or outside the Member State where it\nis resident for tax purposes. A non-resident taxpayer shall\nbe subject to corporate tax on all income from an activity carried\non through a permanent establishment, including through a\ndigital permanent establishment, in a Member\nState.
\nEffect of consolidation:\nthe tax basis of a consolidated group shall be determined as if it\nwere one single entity. For that purpose, the aggregate tax\nbasis of the group shall be retreated in order to eliminate all\nprofits or losses including those arising from any transaction,\nwhatever its nature, between two or more entities within the\ngroup.
\nApportionment of the common\nconsolidated tax base: in its proposal, the Commission suggested\nthat taxable profits be shared between the different Member States\nwhere the company operates. The apportionment formula comprises of\nthree equally weighted factors: sales, assets and labour. Members\nproposed adding the fourth factor - personal data collection and\nexploitation for commercial purposes (data) to ensure that\nCCCTB also applies to digital activities.
\nInforming the European\nParliament: the\nEuropean Parliament shall organise an interparliamentary\nconference to evaluate the CCCTB regime, taking into account\nthe outcomes of the tax policy discussions held under the procedure\nof the European Semester. It shall communicate its opinion and\nconclusions thereon by means of a resolution addressed to the\nCommission and the Council.
\nCompensation\nmechanism: in\norder to compensate for sudden shocks in tax revenues across Member\nStates arising from fiscal gains and losses directly and solely\ncaused by the switch to the new regime introduced by this proposed\nDirective, the Commission shall establish a dedicated\ncompensation mechanism, operational from the entry into force\nof this Directive. Compensation shall be adjusted each year to take\ninto account national or regional decisions taken prior to the\nentry into force of this Directive. The compensation mechanism\nshall be financed by the fiscal surplus from those Member States\nthat experience gains in fiscal revenues, and shall be set for an\ninitial period of seven years.
\nImplementation report and\nreview: the\nCommission shall, five years after the entry into force of this\nDirective, assess its application and report to the European\nParliament and the Council on the operation of this Directive. The\nCommission shall propose the terms and conditions to allocate a\npart of the fiscal revenues generated from the common\nconsolidated corporate tax base to the budget of the Union in order\nto proportionally reduce Member States contributions to the same\nbudget.
\nThe European Parliament adopted by 438 votes to 145,\nwith 69 abstentions, following Parliaments consultation, a\nlegislative resolution on the proposal for a Council directive on a\nCommon Consolidated Corporate Tax Base (CCCTB).
\nParliament approved the Commission proposal subject to\nthe following amendments:
\nMembers noted that in times of globalisation and\ndigitalisation, taxation of in particular financial and\nintellectual capital on a source base is becoming\nincreasingly harder to retrace and easier to manipulate. The\nmainstream digitalisation of many sectors of the economy coupled\nwith the fast developing digital economy calls into question the\nsuitability of the Union corporate tax models.
\nSubject matter:\nParliament called for a Directive which aims to establish a common\nbase for the taxation in the Union of certain companies and lays\ndown rules for the calculation of that base, including rules on\nmeasures to prevent tax avoidance and on measures relating to the\ninternational dimension of the proposed tax system.
\nOnce implemented in all Member States, a CCCTB\nwould ensure that taxes are paid where profits are generated and\nwhere companies have permanent establishment. Such an approach\nwould best serve the aim of eradicating distortions in the\nfunctioning of the internal market and act as a powerful to tackle\naggressive tax planning.
\nThe amended text stressed the importance of ensuring\nthe simultaneous entry into force of the Directive\non a Common Corporate Tax Base and the Directive on a Common\nConsolidated Corporate Tax Base. Moreover, as the internal market\nencompasses all Member States, the CCCTB should be introduced in\nall Member States. If the Council fails to adopt a unanimous\ndecision on the proposal to establish a CCCTB, the Commission\nshould issue a new proposal in accordance with the ordinary\nlegislative procedure. As a last resort, an enhanced cooperation\nshould be initiated by Member States.
\nScope: the rules of this\nDirective shall apply to a company that is established under the\nlaws of a Member State, including its permanent and digital\npermanent establishments in other Member States, where the\ncompany meets specific conditions, in particular, that they belong\nto a consolidated group for financial accounting purposes with a\ntotal consolidated group revenue that exceeded EUR 750\nmillion during the financial year preceding the relevant\nfinancial year. That threshold shall be lowered to zero\nover a maximum period of seven years.
\nDigital presence in a country to determine taxable\nprofits: the amended text stipulated\nthat a resident taxpayer shall be subject to corporate tax\non all income generated by any activity, whether inside or\noutside the Member State where it is resident for tax purposes. A\nnon-resident taxpayer shall be subject to corporate tax on\nall income from an activity carried on through a permanent\nestablishment, including through a digital permanent\nestablishment, in a Member State.
\nEffect of consolidation:\nthe tax basis of a consolidated group shall be determined as if it\nwere one single entity. For that purpose, the aggregate tax\nbasis of the group shall be retreated in order to eliminate all\nprofits or losses including those arising from any transaction,\nwhatever its nature, between two or more entities within the\ngroup.
\nWhere the consolidated tax base is negative, the loss\nshall be carried forward and be set off against the next positive\nconsolidated tax base for a maximum period of five\nyears.
\nApportionment of the common consolidated tax\nbase: in its proposal, the Commission\nsuggested that taxable profits be shared between the different\nMember States where the company operates. The apportionment formula\ncomprises of three equally weighted factors: sales, assets and\nlabour. Members proposed adding the fourth factor - personal\ndata collection and exploitation for commercial purposes (data)\nto ensure that CCCTB also applies to digital activities.
\nThe volume of personal data collected pursuant to the\ndata factor shall be measured at the end of the tax year in each\nMember State.
\nInforming the European Parliament: the European Parliament shall organise an\ninterparliamentary conference to evaluate the CCCTB regime,\ntaking into account the outcomes of the tax policy discussions held\nunder the procedure of the European Semester. It shall communicate\nits opinion and conclusions thereon by means of a resolution\naddressed to the Commission and the Council.
\nCompensation mechanism:\nin order to compensate for sudden shocks in tax revenues across\nMember States arising from fiscal gains and losses directly and\nsolely caused by the switch to the new regime introduced by this\nproposed Directive, the Commission shall establish a temporary\ncompensation mechanism, operational from the entry into force of\nthis Directive. Compensation shall be adjusted each year to take\ninto account national or regional decisions taken prior to the\nentry into force of this Directive. The compensation mechanism\nshall be financed by the fiscal surplus from those Member\nStates that experience gains in fiscal revenues, and shall be\nset for an initial period of seven years.
\nInforming the European Parliament: Members suggested that the European Parliament\norganise an interparliamentary conference to evaluate the\nCCCTB regime, taking into account the outcomes of the tax policy\ndiscussions held under the procedure of the European Semester. It\nshall communicate its opinion and conclusions thereon by means of a\nresolution addressed to the Commission and the Council.
\nImplementation report and review: the Commission shall, five years after the entry\ninto force of this Directive, assess its application and report to\nthe European Parliament and the Council on the operation of this\nDirective. The Commission shall propose the terms and conditions to\nallocate a part of the fiscal revenues generated from the common\nconsolidated corporate tax base to the budget of the Union in order\nto proportionally reduce Member States contributions to the same\nbudget.
\nPURPOSE: to present a proposal for a re-launched\nCommon Consolidated Corporate Tax Base (CCCTB) to ensure a\ncorporate tax system that encourages growth and fairness in the\ninternal market.
\nPROPOSED ACT: Council Directive.
\nROLE OF THE EUROPEAN PARLIAMENT: the Council adopts\nthe act after consulting Parliament but without being obliged to\nfollow the latters opinion.
\nBACKGROUND: currently, businesses with cross-border\nactivity have to comply with up to 28 divergent corporate tax\nsystems. Generally, corporate income is taxed at national\nlevel, but the economic environment has become more globalised,\nmobile and digital. Business models and corporate structures are\nmore complex, making it easier to shift profits.
\nIn March 2011, the Commission proposed a directive\nfor a Common Consolidated Corporate Tax Base (CCCTB). The\nproposal, which is still pending in Council, aims to provide\ncompanies with a single set of corporate tax rules for doing\nbusiness across the internal market, thereby facilitating their\ncross-border activity.
\nThe discussions in Council since 2011 have shown that\nthe CCCTB proposal is unlikely to get adopted, in its entirety,\nwithout a staged approach. The Commission, in its action\nplan of June 2015, advocated a step-by-step approach to the\nCCCTB.
\nConsidering the need to act swiftly in order to ensure\na proper functioning of the internal market by making it, on the\none hand, friendlier to trade and investment and, on the other\nhand, more resilient to tax avoidance schemes, the Commission\nconsiders it necessary to divide the ambitious CCCTB initiative\ninto two separate proposals. It proposes, at a first\nstage, rules on a\ncommon corporate tax base, before addressing, at a second\nstage, the issue of consolidation.
\nThis proposal for a Directive focuses on the\nso-called 'second step' of the staged approach (consolidation),\ni.e. after the elements of the common base have politically been\nagreed. Until this is achieved, the 2011 proposal for a CCCTB will\nremain pending for examination in Council. The\nCommission will submit the two proposals, i.e. for a common\ncorporate tax base and a CCCTB, simultaneously and as part of a\nsingle initiative. The proposal of 2011 will be withdrawn at the\nsame time as the Commission adopts the new proposals.
\nThis initiative on re-launching the CCCTB features\nprominently in the Commissions larger project in the\nfield of fairer taxation. It will be presented at the same time as\nthe proposal for a directive on hybrid mismatches involving third\ncountries (which will amend the Directive tax avoidance) and a\ndirective on dispute settlement.
\nIMPACT ASSESSMENT: the main policy option that has\nbeen considered is a proposal for a common consolidated corporate\ntax base. A key choice to be made relates to the scope of such a\ntax base, i.e. to whom it would apply.
\nAssessing the different options has led to a preferred\noption: a CCCTB mandatory for large companies, equipped with an\n'Allowance for Growth and Investment' and with an allowance for\nresearch and development expenses.
\nThe anticipated economic benefits of the proposal are\npositive, leading to an increase in investment and employment of up\nto 3.4% and 0.6%, respectively. Overall, growth would\nincrease by up to 1.2%.
\nCONTENT: the proposal is the 'second step' in a staged\napproach towards an EU-wide corporate tax system with\ncross-border consolidation of the tax results amongst\nmembers of the same group.
\nScope: in contrast to\nthe proposal of 2011, which laid down an optional system for all,\nthis proposal will be mandatory for groups of companies\nbeyond a certain size (whose consolidated turnover is above EUR\n750 million). The threshold is in line with the approach taken in\nother EU initiatives to counter tax avoidance.
\nAt the same time, the common rules will be available,\nas an option, to a wide scope of groups that fall short of the size\nthreshold. This allows SMEs and micro-enterprises the opportunity\nto benefit from the advantages of a CCCTB without making it\ncompulsory for this set of companies.
\nDefinition of group: (unchanged compared to the\nproposal of 2011): eligibility\nfor the consolidated tax group will be determined in accordance\nwith a two-part test based on (i) control (more than 50% of\nvoting rights) and (ii) ownership (more than 75 % of equity) or\nrights to profits (more than 75 % of rights giving entitlement to\nprofit). These thresholds must be met throughout the tax year;\notherwise, the failing company will have to leave the group\nimmediately.
\nBusiness reorganisations and taxation of losses and\nunrealised capital gains: the\nproposed framework chiefly involves the treatment of losses and\nunrealised capital gains on entering and leaving the\ngroup.
\nThere are rules to deal with unrealised\ncapital gains which have accrued to fixed assets where the\nassets are disposed of within a short period after their entry\ninto, or exit from, a group. A Member State (in the case of an\nentry into a group) or the group (in the case of an exit from a\ngroup) are given the right to tax underlying capital gains to the\nextent those were created in their tax jurisdiction. Moreover, the\ntax treatment of capital gains engrained in self-generated\nintangible assets calls for a customised approach, which will\ninvolve assessing them on the basis of a suitable proxy, that is to\nsay, research and development, and marketing and\nadvertising costs over a specified period.
\nWithholding taxes (unchanged compared to the\nproposal of 2011): the proceeds of\nwithholding taxes charged on interest and royalty payments made by\ntaxpayers will be shared according to the formula of that tax year.\nWithholding taxes charged on dividends will not be\nshared.
\nPreventing circumvention of tax\nexemptions (unchanged compared to the proposal of\n2011): the tax exemption in favour of\ndisposals of shares will be disallowed if this is illegitimately\nextended to sales of assets other than shares.
\nFormula for apportionment: one of the principal elements of the proposal is the\nformulary apportionment, comprised of three equally weighted\nfactors (i.e. labour, assets and sales by destination). This\ncombination reflects a balanced approach to distributing taxable\nprofits amongst eligible Member States.
\nAdministrative procedures: in contrast to the proposal of 2011, the common\nadministrative rules are limited to the consolidated\ngroup.
\nGroups will deal with a single tax\nadministration in the EU ('principal tax authority' or\n'one-stop-shop'.) This will be based in the Member State where the\nparent company of the group ('principal taxpayer') is resident for\ntax purposes. Audits will be initiated and coordinated by the\nprincipal tax authority.
\nDELEGATED ACTS: the proposal contains provisions\nempowering the Commission to adopt delegated acts in accordance\nwith Article 290 of the Treaty of the Functioning of the European\nUnion.
\nThe Committee on Economic and Monetary Affairs\nadopted, following Parliaments\nconsultation, the report by Alain\nLAMASSOURE (EPP, FR) on the\nproposal for a Council directive on a Common Consolidated Corporate\nTax Base (CCCTB).
\nThe committee recommended that the European\nParliament approve the Commission proposal subject to the following\namendments:
\nThe report noted that in times of globalisation\nand digitalisation, taxation of in particular financial and\nintellectual capital on a source base is becoming increasingly\nharder to retrace and easier to manipulate. The mainstream\ndigitalisation of many sectors of the economy coupled with the fast\ndeveloping digital economy calls into question the suitability of\nthe Union corporate tax models.
\nSubject matter: Members are calling for a\nDirective which aims to establish a common base for the\ntaxation in the Union of certain companies and lays down rules\nfor the calculation of that base, including rules on measures to\nprevent tax avoidance and on measures relating to the international\ndimension of the proposed tax system.
\nOnce implemented in all Member States, a CCCTB\nwould ensure that taxes are paid the internal market. Such an\napproach would best serve the aim of eradicating distortions in the\nfunctioning of the internal market and act as a powerful to tackle\naggressive tax planning.
\nConsidering the need to act swiftly in order to\nensure a proper functioning of the internal market by making it, on\nthe one hand, friendlier to trade and investment and, on the other\nhand, more resilient to tax avoidance schemes, it is very important\nto ensure simultaneous entry into force of the Directive\non a Common Corporate Tax Base and the Directive on a Common\nConsolidated Corporate Tax Base. Because such a change of\nregime is a significant step in the completion of the internal\nmarket, it needs flexibility in order to be properly executed from\nthe outset. Hence, as the internal market encompasses all Member\nStates, the CCCTB should be introduced in all Member\nStates.
\nScope: the rules of this Directive shall apply to a\ncompany that is established under the laws of a Member State,\nincluding its permanent and digital permanent establishments\nin other Member States, where the company meets specific\nconditions, in particular, that they belong to a consolidated group\nfor financial accounting purposes with a total consolidated group\nrevenue that exceeded EUR 750 million during the financial\nyear preceding the relevant financial year. That threshold shall be\nlowered to zero over a maximum period of seven\nyears.
\nTax residence: the\namended text stipulated that a resident taxpayer shall be\nsubject to corporate tax on all income generated by any\nactivity, whether inside or outside the Member State where it\nis resident for tax purposes. A non-resident taxpayer shall\nbe subject to corporate tax on all income from an activity carried\non through a permanent establishment, including through a\ndigital permanent establishment, in a Member\nState.
\nEffect of consolidation:\nthe tax basis of a consolidated group shall be determined as if it\nwere one single entity. For that purpose, the aggregate tax\nbasis of the group shall be retreated in order to eliminate all\nprofits or losses including those arising from any transaction,\nwhatever its nature, between two or more entities within the\ngroup.
\nApportionment of the common\nconsolidated tax base: in its proposal, the Commission suggested\nthat taxable profits be shared between the different Member States\nwhere the company operates. The apportionment formula comprises of\nthree equally weighted factors: sales, assets and labour. Members\nproposed adding the fourth factor - personal data collection and\nexploitation for commercial purposes (data) to ensure that\nCCCTB also applies to digital activities.
\nInforming the European\nParliament: the\nEuropean Parliament shall organise an interparliamentary\nconference to evaluate the CCCTB regime, taking into account\nthe outcomes of the tax policy discussions held under the procedure\nof the European Semester. It shall communicate its opinion and\nconclusions thereon by means of a resolution addressed to the\nCommission and the Council.
\nCompensation\nmechanism: in\norder to compensate for sudden shocks in tax revenues across Member\nStates arising from fiscal gains and losses directly and solely\ncaused by the switch to the new regime introduced by this proposed\nDirective, the Commission shall establish a dedicated\ncompensation mechanism, operational from the entry into force\nof this Directive. Compensation shall be adjusted each year to take\ninto account national or regional decisions taken prior to the\nentry into force of this Directive. The compensation mechanism\nshall be financed by the fiscal surplus from those Member States\nthat experience gains in fiscal revenues, and shall be set for an\ninitial period of seven years.
\nImplementation report and\nreview: the\nCommission shall, five years after the entry into force of this\nDirective, assess its application and report to the European\nParliament and the Council on the operation of this Directive. The\nCommission shall propose the terms and conditions to allocate a\npart of the fiscal revenues generated from the common\nconsolidated corporate tax base to the budget of the Union in order\nto proportionally reduce Member States contributions to the same\nbudget.
\nThe European Parliament adopted by 438 votes to 145,\nwith 69 abstentions, following Parliaments consultation, a\nlegislative resolution on the proposal for a Council directive on a\nCommon Consolidated Corporate Tax Base (CCCTB).
\nParliament approved the Commission proposal subject to\nthe following amendments:
\nMembers noted that in times of globalisation and\ndigitalisation, taxation of in particular financial and\nintellectual capital on a source base is becoming\nincreasingly harder to retrace and easier to manipulate. The\nmainstream digitalisation of many sectors of the economy coupled\nwith the fast developing digital economy calls into question the\nsuitability of the Union corporate tax models.
\nSubject matter:\nParliament called for a Directive which aims to establish a common\nbase for the taxation in the Union of certain companies and lays\ndown rules for the calculation of that base, including rules on\nmeasures to prevent tax avoidance and on measures relating to the\ninternational dimension of the proposed tax system.
\nOnce implemented in all Member States, a CCCTB\nwould ensure that taxes are paid where profits are generated and\nwhere companies have permanent establishment. Such an approach\nwould best serve the aim of eradicating distortions in the\nfunctioning of the internal market and act as a powerful to tackle\naggressive tax planning.
\nThe amended text stressed the importance of ensuring\nthe simultaneous entry into force of the Directive\non a Common Corporate Tax Base and the Directive on a Common\nConsolidated Corporate Tax Base. Moreover, as the internal market\nencompasses all Member States, the CCCTB should be introduced in\nall Member States. If the Council fails to adopt a unanimous\ndecision on the proposal to establish a CCCTB, the Commission\nshould issue a new proposal in accordance with the ordinary\nlegislative procedure. As a last resort, an enhanced cooperation\nshould be initiated by Member States.
\nScope: the rules of this\nDirective shall apply to a company that is established under the\nlaws of a Member State, including its permanent and digital\npermanent establishments in other Member States, where the\ncompany meets specific conditions, in particular, that they belong\nto a consolidated group for financial accounting purposes with a\ntotal consolidated group revenue that exceeded EUR 750\nmillion during the financial year preceding the relevant\nfinancial year. That threshold shall be lowered to zero\nover a maximum period of seven years.
\nDigital presence in a country to determine taxable\nprofits: the amended text stipulated\nthat a resident taxpayer shall be subject to corporate tax\non all income generated by any activity, whether inside or\noutside the Member State where it is resident for tax purposes. A\nnon-resident taxpayer shall be subject to corporate tax on\nall income from an activity carried on through a permanent\nestablishment, including through a digital permanent\nestablishment, in a Member State.
\nEffect of consolidation:\nthe tax basis of a consolidated group shall be determined as if it\nwere one single entity. For that purpose, the aggregate tax\nbasis of the group shall be retreated in order to eliminate all\nprofits or losses including those arising from any transaction,\nwhatever its nature, between two or more entities within the\ngroup.
\nWhere the consolidated tax base is negative, the loss\nshall be carried forward and be set off against the next positive\nconsolidated tax base for a maximum period of five\nyears.
\nApportionment of the common consolidated tax\nbase: in its proposal, the Commission\nsuggested that taxable profits be shared between the different\nMember States where the company operates. The apportionment formula\ncomprises of three equally weighted factors: sales, assets and\nlabour. Members proposed adding the fourth factor - personal\ndata collection and exploitation for commercial purposes (data)\nto ensure that CCCTB also applies to digital activities.
\nThe volume of personal data collected pursuant to the\ndata factor shall be measured at the end of the tax year in each\nMember State.
\nInforming the European Parliament: the European Parliament shall organise an\ninterparliamentary conference to evaluate the CCCTB regime,\ntaking into account the outcomes of the tax policy discussions held\nunder the procedure of the European Semester. It shall communicate\nits opinion and conclusions thereon by means of a resolution\naddressed to the Commission and the Council.
\nCompensation mechanism:\nin order to compensate for sudden shocks in tax revenues across\nMember States arising from fiscal gains and losses directly and\nsolely caused by the switch to the new regime introduced by this\nproposed Directive, the Commission shall establish a temporary\ncompensation mechanism, operational from the entry into force of\nthis Directive. Compensation shall be adjusted each year to take\ninto account national or regional decisions taken prior to the\nentry into force of this Directive. The compensation mechanism\nshall be financed by the fiscal surplus from those Member\nStates that experience gains in fiscal revenues, and shall be\nset for an initial period of seven years.
\nInforming the European Parliament: Members suggested that the European Parliament\norganise an interparliamentary conference to evaluate the\nCCCTB regime, taking into account the outcomes of the tax policy\ndiscussions held under the procedure of the European Semester. It\nshall communicate its opinion and conclusions thereon by means of a\nresolution addressed to the Commission and the Council.
\nImplementation report and review: the Commission shall, five years after the entry\ninto force of this Directive, assess its application and report to\nthe European Parliament and the Council on the operation of this\nDirective. The Commission shall propose the terms and conditions to\nallocate a part of the fiscal revenues generated from the common\nconsolidated corporate tax base to the budget of the Union in order\nto proportionally reduce Member States contributions to the same\nbudget.
\n