Tax

Common system of a digital services tax on revenues resulting from the provision of certain digital services

Updated on 09/01/2019

State-of-play: Published in the Official Journal. On 21 March 2018 the OJ published the proposal

On 21 March 2018 the OJ published the proposal.

Common consolidated corporate tax base (CCCTB)

Updated on 04/12/2018

State-of-play: Legislative phase.

  • The 2011 proposal was withdrawn; a new proposal was published on 25 October 2016.
  • European Parliament: proposal has been assigned to ECON (Rapporteur: Alain Lamassoure, EPP)
    • Vote scheduled in committee for adoption of draft report (1st reading) for 20 November 2017.
    • On 3 May 2017, the ECON Committee held a public hearing on CCCTB.
    • On 10 October 2017, the ECON Committee held an exchange of views with representative of national parliaments.
    • On 21 February 2018, the ECON Committee voted to adopt the reports on the CCTB and the CCCTB.
    • On 15 March 2018, the CCTB and the CCCTB was adopted at Plenary.
  • Council:
    • Work ongoing at the level of the working party.

Directive on intermediaries (DAC 6)

Updated on 30/05/2018

State-of-play: Waiting for the publication in the Official Journal.

  • Commission: Publishes proposal for a directive on 21 June 2017.
  • Council: On 25 May 2018 the ECOFIN Council adopted DAC6.
  • European Parliament: On 24 January 2018, the ECON Committee voted to adopt the draft report.

ATAD II (hybrid mismatches with third countries)

Updated on 22/12/2017

State-of-play: Published in the Official Journal. on 7 June 2017

  • Transposition deadline: 1 January 2020.
  • Commission: publishes proposal for a directive on 25 October 2016.
  • Council: the Council agreed its position on 21 February 2017.
  • European Parliament: started its work in committee on 28 February 2017, with the consideration of the draft report.
    • On 27 March 2017, the EP adopted its opinion in ECON Committee.
    • On 27 April 2017, the EP adopted in plenary its opinion.
  • Commission: The new legislative proposal was published on 14 February 2013. In early December 2013 the Commission published a non-paper to answer the Council’s legal opinion (see below).
  • European Parliament: Gave its consent to enhanced cooperation on 12 December 2012. The opinion on the legislative proposal was voted in the Plenary on 2 July 2013.
  • Council:
    • Examination of the proposal is still going-on at the working group level and among the 11 participating Member States. At the Ecofin Council in December 2015, Estonia left the group of 11 and the rest agreed to set a deadline for June 2016 to finalise their work. On 16 June 2016, a document with compromise principles has been presented and two taskforces have been created. The Ministers at the level of the participating Member States meet regularly but no breakthrough achieved yet.
    • Work ongoing at the level of participating Member States.
  • ECJ: On 18 April 2013 the UK Government lodged a formal legal claim at the European Court of Justice against the introduction of the EU FTT under the Enhanced Cooperation Procedure. This claim is based on the grounds that the existing proposal will impact countries not taking part to the initiative. The Court rejected the claim on 30 April 2014.

EU anti-BEPS: Council directive on rules against corporate tax avoidance (ATAD)

Updated on 22/12/2017

State-of-play: Published in the Official Journal. on 19 July 2016 L 193/1

  • Entered into force: 8 August 2016.
  • Transposition deadline: 1 January 2019
  • Commission: Proposal published on 28 January 2016.
  • European Parliament: The report has been adopted in ECON on 24 May 2016. On 8 June 2016, the European Parliament adopted its opinion in first reading.
  • Council: On 21 June 2016, the Council agreed on a draft directive addressing tax avoidance practices. On 12 July 2016, the Council adopted the directive.

EU anti-BEPS (DAC 4)

Updated on 30/05/2018

State-of-play: Published in the Official Journal. L 146/8 of 3 June 2016

  • Entered into force: 3 June 2016.
  • Transposition deadline: 5 June 2017.
  • European Parliament: Opinion adopted in committee on 26 April 2016. Plenary vote took place on 12 May 2016.
  • Council:
    • On 8 March 2016, the Council agreed its stance on a draft directive on the exchange of tax-related information on the activities of multinational companies. On 25 May 2016, the Council adopted rules on the reporting by multinational companies of tax-related information and exchange of that information between member states.
    • On 25 May 2018, the Council adopted the rules aimed at improving transparency to prevent aggressive cross-border tax planning.
    • On 5 December 2017, the Council published a list of non-cooperative jurisdictions.

Automatic Exchange of Information of Tax Rulings (DAC 3)

Updated on 22/12/2017

State-of-play: Published in the Official Journal. on 8 December 2015

  • Entered into force: 31 December 2016.
  • European Parliament: On 27 October 2015 the text was adopted by Parliament.

Contact

Association des Banques et Banquiers, Luxembourg

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Monday to Friday from 8:00 to 17:30.