Common (Consolidated) Corporate Tax Base what are the next steps?

Similar documents
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. Building a fair, competitive and stable corporate tax system for the EU

BEPS and ATAD: Where do we stand?

C(C)CTB 28 February CORIT

Inside The EU CCTB/CCCTB Proposals

INCEPTION IMPACT ASSESSMENT

Fair taxation of the digital European Commission DG TAXUD. economy

EU Developments: C(C)CTB and corporate tax reform

The OECD s 3 Major Tax Initiatives

ATRiD: Harmonizing the rules on the allocation of taxing rights within the EU and in the relations with third countries

EU Anti-Tax Avoidance Directive 2: hybrid mismatches with third countries


The Anti Tax Avoidance Package Questions and Answers

Tax & Legal Weekly Alert

Base erosion & profit shifting (BEPS) 25 May 2016

The International Tax Landscape

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

TEXTS ADOPTED. having regard to the Commission proposal to the Council (COM(2016)0683),

Screening Exercise Serbia Corporate Tax Directives

The European Commission (EC) published four new draft European Union (EU) Directives on 25 October 2016 with proposals to:

The Anti Tax Avoidance Package Questions and Answers (Updated)

OECD issues Action Plan on Base Erosion and Profit Shifting (BEPS)

OECD releases final BEPS package

Public consultation on the Re-launch of the Common Consolidated Corporate Tax Base (CCCTB)

Proposal for a COUNCIL DIRECTIVE. amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries. {SWD(2016) 345 final}

Hybrid mismatches with third countries

Update Dutch tax developments

EU state aid and other developments. 18 November 2016

Common (Consolidated) Corporate Tax Base A Personal View

Proposal for a COUNCIL DIRECTIVE. on a Common Consolidated Corporate Tax Base (CCCTB) {SWD(2016) 341 final} {SWD(2016) 342 final}

Memorandum. 1. Introduction

BEPS - Current Status of Implementation in EU Countries. Prof. Guglielmo Maisto 1 March 2019

Overview of OECD Action Plan on Base Erosion and Profit Shifting (BEPS)

Fair taxation of the digital economy

THE FUTURE OF TAX PLANNING: TRANSPARENCY AND SUBSTANCE FOR ALL? Friday, 26 February AM PM Conrad Hotel, Hong Kong

e-commerce and Transfer Pricing

Global Tax Trends Impact on US MNCs. December 1, 2017

Trends I Netherlands moves away from fiscal offshore industry

Common Corporate Tax Base (CCTB) and Common Consolidated Corporate Tax Base (CCCTB)

Tax Obstacles in Cross Border Planning

Answer-to-Question- 1

Tax Reform Issues Related to Group Financing - 163j, 267A, BEAT and GILTI Issues International Tax Institute, Inc. June 11, 2018

How BEPS fits in with the EU s tax agenda. The European Union (EU) has actively participated in the entire

An overview of the main issues that emerged at the fourth meeting of the subgroup on assets (SG1)

Eligibility Tests for Companies and Definition of a CCCTB Group

Hot topics Treasury seminar

U.S. Tax Reform Key International Aspects

Short Term Measures The EU Digital Services Tax (DST) Proposal v. The Indian Equalisation Levy

Statistics: Fair taxation of the digital economy

AmCham EU s position on the Commission Anti-Tax Avoidance Package

Comparison of Key Anti-Base Erosion Rules in the Tax Reform Act of 2017 and under UK Tax Law Calum Dewar, PwC Mike Williams, HM Treasury

Common corporate tax base (CCTB)

A Transfer Pricing Update BEPS & U.S. Tax Reform

POSITION PAPER EU CONSULTATION ON FAIR TAXATION OF THE DIGITAL ECONOMY

A FAIR SHARE. Taxation in the EU for the 21st century

Impact of BEPS and Other International Tax Risks on the Jersey Funds Industry

International trends in taxation of capital and financial products and the impact on Thai Business

A Guide To Changes In Irish Tax Rules

The Arm s Length Standard: a Blind Spot in the CC(C)TB Proposals. Amsterdam, 27 January First Critical Analysis Prof.dr. D.S.

PUBLIC EXPLANATORYNOTES

International Tax Latvia Highlights 2019

The Controlled Foreign Company Regime in the EU CCTB Proposal

VAT The submerged part of the BEPS

1. OECD publishes 77 comments on transfer pricing guidelines for intra-group services, dispute resolution

General Anti-Avoidance Rules (GAARs) A Key Element of Tax Systems in the Post-BEPS Tax World?

U.S. Tax Reform International Corporate Tax Provisions: The Good, the Bad and the Extremely Complex

U.S. Tax Legislation Corporate and International Provisions. Corporate Law Provisions

COMMISSION STAFF WORKING DOCUMENT Accompanying the document. Proposal for a Council Directive

Changes Abound in New Tax Bill for Multinational Companies

Analysis of New Law UK CORPORATE TAX REFORM. Nikol Davies *

Exchange of information on Tax Rulings

Tax rates ( ) 1.1 Key tax rates Top corporate income tax (CIT) rate (national and local average if applicable)

Developments in Europe Impact on US MNEs

Federal Tax Reform How Have the States Reacted So Far?

WORKING PAPER. Brussels, 15 February 2019 WK 2235/2019 INIT LIMITE ECOFIN FISC

1. What are recent tax developments in your country which are relevant for M&A deals?

Taxing the Digital Economy: CIT and VAT

European Commission releases package on taxation of the digital economy

In depth A look at current financial reporting issues

A8-0189/ Proposal for a directive (COM(2016)0026 C8-0031/ /0011(CNS)) Text proposed by the Commission

TAX EVASION AND AVOIDANCE: Questions and Answers

ACTL Conference on REITs

RSM InterTax Tax Insights February Belgian corporate income tax reform

IFA Colombia V CONGRESO COLOMBIANO DE TRIBUTACIÓN INTERNACIONAL November 2016

MULTILATERAL INSTRUMENT

7th Global Headquarters Conference Swiss Tax Update in the international context

2017 Tax Reform: Checkpoint Special Study on foreign income, foreign persons tax changes in the "Tax Cuts and Jobs Act"

International Tax: Tax Reform

EU Anti-Tax Avoidance Package: impacts on the real estate industry

Cyprus Tax Update. Kyiv May 2018

Topics in International Taxation: Partner country perspectives

EU countries facing BEPS: the case of France. Stéphane Austry Partner, CMS Bureau Francis Lefebvre France

What s New in the 2016 US Model Treaty?

62 ASSOCIATION OF CORPORATE COUNSEL

International Tax Greece Highlights 2018

EUROPEAN COMMISSION PRESENTS ANTI-TAX AVOIDANCE PACKAGE

IFA MUNICH. Strategic Approaches to Global Transfer Pricing Risk: the use of tax treaties through APA and MAP. 18 January 2018

Tackling Aggressive Tax Planning in the European Union - Recent Developments

CPA Esther Wahome. Thursday, 16 August 2018

International Tax Greece Highlights 2019

Towards Global Standards in Transparency and Exchange of Information: Do Tax Havens Still Exist? Pietro Selicato

Transcription:

Common (Consolidated) Corporate Tax Base what are the next steps? Uwe Ihli, Head of Sector, DG TAXUD D1.003, European Commission IFA Austria, 8 October 2018, Vienna

Main objectives for the taxation in the EU Reflection document "Taxation in the European Union" of 20 March 1996 highlighted the major challenges facing the Union: the need to create growth and employment to stabilise fiscal systems to fully realise the Single Market and after 2008 the additional objective proper and fair taxation of all companies active within the EU 2

Fair, Competitive & Stable Corporate Tax Systems Re-launch of the proposals for a Common Tax Base (COM(2016) 685 final) and a Common Consolidated Corporate Tax Base (COM(2016) 683 final) in October 2016 1 st step - Common tax base: a set of corporate tax rules for computing the tax base of companies applying the CCCTB (without consolidating individual tax results). 2 nd step - Consolidation & apportionment: individual tax results are added up together in a single tax base and distributed based on a formula of 3 equally-weighted factors (i.e. sales, assets and labour) 3

Common (Consolidated) Corporate Tax Base What is new? Staged approach outlined in 2 steps Mandatory scope for companies with a consolidated financial group revenue of more than EUR 750 million ATAD/ATAD 2: agreed anti-tax avoidance elements & the switchover clause feature in the framework of the common tax base with the necessary adjustments Specific new elements Technical modifications to reflect the outcome of discussions with Member States on specific topics since 2011 4

Common (Consolidated) Corporate Tax Base What can the CC(C)TB solve? Reducing compliance cost and administrative burden in the Internal Market - a single EU system for companies to calculate their taxable income and - a "one stop shop" to file a tax return for all their EU activity. Loss Off-Set - allowing companies to offset profits in one Member State against losses in another, which is particularly important for small and start-up companies. 5

Common (Consolidated) Corporate Tax Base What can the CC(C)TB solve? Robust provisions against aggressive tax planning and double taxation: - The CCCTB will eliminate mismatches between national systems, preferential regimes and hidden tax rulings, which tax planners can exploit - The CCCTB will remove the need for transfer pricing in the EU, which is on one hand a possible route for profit shifting and on the other hand often results in transfer pricing disputes and the risk of double taxation Support growth, jobs and investment in the EU - depending on the level and extent on which MS can agree on advantageous elements for the Common Base (i.e. R&D support and debt equity bias rules) 6

Common (Consolidated) Corporate Tax Base What can the CC(C)TB not solve? The Common Base/CCCTB proposals are only binding MS: Consolidation and Formula apportionment can only attribute taxing rights between MS. Tax substrate which is due to a DTC provision attributed to a Third Country (e.g. absence of a traditional PE in the EU or no withholding tax rights on outbound payments) cannot be included in the system. The CCCTB cannot combine at the same time the elements of a stable and reliable tax system (providing certainty for business on investment decisions) with the full flexibility of a national, non harmonized, tax system easily adjusted or changed annually. 7

Common Consolidated Corporate Tax Base What can the CC(C)TB not solve? The challenges from the need for the modernization of the CIT systems in the EU (i.e. taxation of the digital economy) are addressed in a separate proposal for a significant digital presence. The results of the discussion on the comprehensive solution within Council and at the wider international level should be reflected in the CCCTB. 8

Common Consolidated Corporate Tax Base What needs to be done to bring the CCTB project forward? What proposals are on the table? Once agreed at EU or OECD level insertion of a digital PE in addition to physical presences as requested by the European Parliament in the CCTB legislative resolution of 15.3.2018 Requested by the EP in the CCTB legislative resolution of 15.3.2018 inclusion of all corporate taxpayers in the EU (by lowering the threshold over seven years) Requested by the EP in the CCTB legislative resolution of 15.3.2018 tax credits for certain R&D expenses Requested by the EP in the CCTB legislative resolution of 15.3.2018 - no deduction of payments to recipients in a black list Third Country 9

Common Consolidated Corporate Tax Base What needs to be done to bring the CCTB project forward? What proposals are on the table? Requested by the EP in the CCTB legislative resolution of 15.3.2018 - minimum tax level of 15% for third country income to benefit from dividend exemption and for CFC purposes Requested by the EP in the CCCTB legislative resolution of 15.3.2018 data factor as a fourth factor to improve the formula apportionment and attribute taxing rights to the MS in which value is generated Requested by the EP in the CCCTB legislative resolution of 15.3.2018 creation of a compensation fund to allow a balancing of the impact of the introduction of the CCCTB between loser and winner MS. Clarification of effect and extent of tax policy initiatives in the EU, at the OECD and in Third Countries on the Common Base and the 10 CCCTB proposals

External factors influencing the Common (Consolidated) Corporate Tax Base US tax reform from 2017 Strong defensive measure against aggressive tax planning: BEAT and GILTI provisions protect the US tax base from tax planning outside the US (i.e. partly in some EU MS) Attractive measures to attract FDI and for shifting business activities [back] into the US 5 year period for 100% depreciation of certain assets FDII lowering the tax rate for income earned abroad and taxed in the US De facto implementation of a 13.125% CIT tax rate as a minimum rate in the US international tax system 11

External factors influencing the Common (Consolidated) Corporate Tax Base Meseberg Declaration (French German CIT tax harmonization project) from June 2018 Covered in the slides of Prof. DDr. Gunter May 12

The challenge is for the EU to remain generally a competitive area for investment and activities. Not to have 27 divergent national approaches! There is the need to find a balance between flexibility, competitiveness and keeping the benefits from a common approach! 13