Council Directive amending Directive 2016/1164/EU on rules against tax avoidance practices (ATAD) regarding hybrid mismatches

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Tuairimí a glacadh on 14/12/2016 - Bureau decision date: 18/10/2016
Reference
ECO/422-EESC-2016-05994-00-00-ac-tra
Opinion Type
Mandatory
Referral
COM(2016) 687 final 2016/0339 CNS
Official Journal
OJ C 75, 10.3.2017, p. 70
Rapporteur
Mihai IVAŞCU
(Romania
SMEs
Administrative cooperation
Competitiveness
Growth

Key points:

The EESC

  • values the Commission’s ongoing efforts in tackling aggressive tax planning.
  • believes that the adoption of the proposal for amending the Anti Tax Avoidance Directive as regards hybrid mismatches with third countries  will significantly increase corporate income tax in all Member States.
  • considers that this Directive will reach its full potential only if similar rules are implemented in third countries as well.
  • considers that the Member States should also look at the causes of hybrid mismatch arrangements, close the potential loopholes and prevent aggressive tax planning, rather than just seeking to obtain tax revenue.
  • recommends all Member States to look into the possibility of introducing and applying sanctions to taxpayers benefiting from hybrid mismatch arrangements, in order to prevent and/or tackle such practices.

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