EU: Draft “anti-BEPS” directive, addressing corporate tax planning and evasion

EU: Draft "anti-BEPS” directive, corporate tax planning

The Council of the European Union released details of a possible draft EU directive, addressing certain “anti-base erosion and profit shifting” (anti-BEPS) initiatives. The issues addressed concern certain international aspects of the proposal for an EU “common consolidated corporate tax base” (CCCTB), and reflect issues that are directly related to the OECD’s BEPS project.


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The Council of the EU (ECOFIN) discussed recent corporate taxation initiatives launched in June 2015 by the European Commission in the context of the Action Plan for Fair and Efficient Corporate Taxation. 

The proposals for (1) a Directive on a Financial Transaction Tax and (2) a Directive on a Common Consolidated Corporate Tax Base were discussed and (3) the new Directive on automatic information on tax rulings was formally adopted by the ECOFIN on December 8, 2015. The proposal derives from discussions at the technical level and EU Member States will now have to review them and make their positions clear. Further work is required on a number of key aspects. 

The EU Member States will now review these proposals. Read a December 2015 report prepared by KPMG’s EU Tax Centre

Recommendations to address aggressive corporate tax planning, evasion

The European Parliament (EP) on 16 December 2015 voted on recommendations to address aggressive corporate tax planning and evasion. 

The European Commission now has three months to respond to the proposed recommendations, either with a legislative proposal or with an explanation for not doing so. Meanwhile, the EP endorsed the extended mandate of the TAXE II Special Committee on Tax Rulings for another six months. The committee will continue its work, focusing on harmful corporate tax regimes and aggressive tax planning, including state aid in tax matters and the EU Member States’ compliance with tax legislation.

Read a December 2015 report prepared by KPMG’s EU Tax Centre

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