ATAD 2 : Anti-Tax Avoidance Directive PDF Download
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Author: T. Balco
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This article addresses the European Commission's 25 October 2016 proposal for a Council Directive to address hybrid mismatches with third countries. In addition to discussing the initial proposal of the Commission, the author explains the pitfalls of the proposed Directive and the concerns and positions of selected Member States. Further, comments are made on the work being undertaken by the Council, together with the Member States and with the support of the OECD, to strengthen the Commission's proposal.
Author: T. Balco
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This article addresses the European Commission's 25 October 2016 proposal for a Council Directive to address hybrid mismatches with third countries. In addition to discussing the initial proposal of the Commission, the author explains the pitfalls of the proposed Directive and the concerns and positions of selected Member States. Further, comments are made on the work being undertaken by the Council, together with the Member States and with the support of the OECD, to strengthen the Commission's proposal.
Author: Werner Haslehner
Publisher: Edward Elgar Publishing
ISBN: 178990577X
Category : Law
Languages : en
Pages : 340
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Book Description
This book provides a concise, practical guide to the European Union’s Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD’s five specific anti-avoidance rules, its chapters explain the background of those rules, the directive’s interactions with relevant jurisprudence, and the challenges posed to the ATAD’s interpretation and implementation in domestic law.
Author: N. Cosgrove
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This article addresses the key principles and potential impacts for Irish groups of the Directive approved by EU Member States on 21 February 2017 amending article 9 (hybrid mismatches) of the Anti-Tax Avoidance Directive (ATAD) adopted by Ecofin in July 2016.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264241132
Category :
Languages : en
Pages : 458
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Book Description
Addressing base erosion and profit shifting (BEPS) is a key priority of governments. In 2013, OECD and G20 countries, working together on an equal footing, adopted a 15-point Action Plan to address BEPS. This publication is the final report for Action 2.
Author: Gianluigi Bizioli
Publisher: Kluwer Law International
ISBN: 9789403511702
Category :
Languages : en
Pages : 280
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Book Description
The EU's Anti-Tax Avoidance Directive (ATAD), implemented in January 2019, confronts Member States with complex challenges, particularly via the introduction of an interest limitation rule. This timely book, the first in-depth analysis of the features and implications of the directive, provides insightful and practical discussions by experts from around Europe on the crucial interactions of the ATAD with other existing anti-tax avoidance measures, the European financial sector and the fundamental freedoms. Specific issues and topics covered include the following: relation with the OECD's Base Erosion and Profit Sharing project (BEPS) and the EU's Common Corporate Tax Base initiative; technical subjects relating to corporate taxation and debt funding; problems caused by the diametrically opposite tax treatment of debt and equity within a group of companies; exclusion clauses for interest expenses; and interplay between interest limitation rules and anti-hybrid rules. A comparative analysis of implementation issues in four leading Member States--Germany, Italy, Spain and The Netherlands--as well as a global general survey with regard to interest limitation rules allow readers to assess the particular complexities associated to the implementation of the ATAD. This matchless commentary by leading European tax law academics and practitioners on an important and much-debated item of EU legislation gives practitioners, enterprises and tax authorities an early opportunity to understand the practical effects of the directive in the various Member States.
Author: A. Cédelle
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The EU Directive laying down rules against tax avoidance practices that directly affect the functioning of the Internal Market - the so-called Anti-Tax Avoidance Directive (ATAD) - was adopted on 12 July 2016. It has become one of the core vehicles for implementing the output of the Base Erosion and Profit Shifting (BEPS) initiative, a process led by the G20 and the OECD, at the EU level. The ATAD has imposed a legally binding obligation upon EU member states to incorporate the conclusions of Action 2 (hybrid mismatch arrangements), Action 3 (controlled foreign company (CFC) rules) and Action 4 (interest deductions) of the BEPS in their domestic laws and regulations, and it has secured a certain uniformity of national implementing measures across the EU by imposing a common minimum level of protection. In addition, the ATAD has also set out a general anti-abuse rule (GAAR) and exit tax provisions, which further strengthen the EU's baseline protection of tax revenues. The potential impact of this milestone Directive on the internal market and the tax systems of member states in a short- to long-term period is still to be evaluated. This article offers preliminary thoughts, focusing primarily on the UK's perspective. The author first briefly addresses possible consequences for the EU as a whole, and then analyses the ATAD from the UK's point of view, showing how the adoption of this Directive fits into a broader UK tax policy and law both prior to and following the Brexit vote.
Author: J. Neugebauer
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The Anti-Tax Avoidance Directive (ATAD) Bill constitutes a comprehensive and coherent implementation of the ATAD I provisions. It includes significant changes in the Luxembourg tax laws which may impact MNCs and international investors. Given that most provisions will enter into force as early as 1 January 2019, investors and taxpayers concerned should check the potential impacts of the ATAD Bill on their activities in Luxembourg and abroad. In addition, given the forthcoming implementation of ATAD II as of 1 January 2020, current operations and future transactions should be reviewed in order to assess the impact of expected anti-hybrid mismatch rules.
Author: Moritz Scherleitner
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Art. 6 of the Anti Tax Avoidance Directive (ATAD) includes a minimum harmonization standard for so-called General Anti Abuse Rules (GAARs) in the field of corporate income taxation. A significant number of Member States has not enacted the provision but referred to their domestic law already fulfilling the demands of the directive. While this is possible, it could point towards a lack of awareness of what ramifications Art. 6 ATAD has on Member States ́ tax systems. Against this background, the article aims to shed light on the life Art. 6 ATAD has, as part of EU law, begun to live on its own. In doing so, we will reflect on five dimensions: (i) the impact of the Philipp Morris line of case law on Member States ́ ability to go beyond the minimum standard included in Art. 6 ATAD, (ii) the relation between Art. 6 ATAD and EU ́s general anti-abuse principle, (iii) the impact of the EU fundamental rights protection on the application of the national implementation of Art. 6 ATAD, as well as (iv) the interpretational insights to be won from other secondary EU and (v) state aid provisions.
Author: A.P. Dourado
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This article discusses the rationale for limiting the income tax deduction of interest payments, taking into account the net taxation principle, as well as the compatibility of Article 4 of the Anti-Tax Avoidance Directive (ATAD) with the Treaty on the Functioning of the European Union (TFEU). It also discusses the compatibility of a national provision that is similar to Article 4 of the ATAD, with a national constitution. Assuming that such national interest limitation rule is declared unconstitutional, but, in turn, Article 4 of the ATAD is not declared incompatible with the TFEU, a conflict with EU Law will arise. This is so, because European Union (EU) Law is to be given full effect by EU Member States.
Author: B. Larking
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
In this article, the author discusses the challenges of implementing the EU anti-tax-avoidance directive (ATAD). He looks at some of the things that could go wrong, the choices now facing EU member states in implementing the EU rules, and if and when taxpayers can expect to notice the changes.
