5 Amendments of Fabio Massimo CASTALDO related to 2021/0433(CNS)
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to constituent entities located in the Union that are members of an MNE group or a large-scale domestic group which has an annual revenue of EUR 750 000 000 or more in its consolidated financial statements in at least two of the last four consecutive fiscal years. Each Member State may apply an income inclusion rule in accordance with this Directive also to MNE groups which have annual revenues above a nationally defined lower threshold if the ultimate parent entity is tax resident in this Member State. The same threshold shall then apply to large- scale domestic groups of this Member State.
Amendment 242 #
Proposal for a directive
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No182/2011. Where reference is made to this paragraph, Article 5 of Regulation (EU)No 182/2011 shall apply.
Amendment 243 #
Proposal for a directive
Article 53 – paragraph 1 b (new)
Article 53 – paragraph 1 b (new)
The Commission shall, three years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall address whether there is a need to amend this Directive in light of changes and developments in the international tax context, in particular regarding the implementation of the GloBE Model Rules outside the EU and the development of other, unilateral approaches towards minimum effective taxation of MNE groups. The Commission shall submit further such reports to the Council every three years. Where appropriate, the report shall be accompanied by a legislative proposal. In that report the Commission shall undertake a thorough analysis in particular of the effectiveness and efficiency of this Directive, including whether the scope of the Directive should be extended to cover MNE groups and large-scale domestic groups with a lower annual revenue threshold than the one laid down in Article 2(1), whether the minimum tax rate of Article 3 item (12) should be increased above fifteen percent, or whether the substance-based income inclusion of Article 27 should be partially or completely abolished.
Amendment 244 #
Proposal for a directive
Article 53 – paragraph 1 c (new)
Article 53 – paragraph 1 c (new)
This Directive shall not affect the application of domestic or agreement- based provisions on controlled foreign company rules within the meaning of Article 7 of Council Directive (EU) 2016/1164, including the right of Member States under Article 3 of said Directive to adopt provisions aimed at safeguarding a higher level of protection for domestic corporate tax bases, especially where stricter controlled foreign company rules follow the recommendations of the 2015 Final Report on Action 3 of the OECD/G20 Base Erosion and Profit Shifting Project. This Directive shall not affect the application of domestic provisions on alternative forms of minimum taxation of domestic groups or companies.
Amendment 245 #
Proposal for a directive
Article 53 – paragraph 1 d (new)
Article 53 – paragraph 1 d (new)
No earlier than five years after the entry into force of this Directive, and after consulting the committee of Article 53 (1), a Member State may derogate from the provision on the annual revenue threshold of Article 2(1), on the minimum tax rate of Article 3 item (12), or on the substance-based income inclusion of Article 27, so as to apply a lower annual revenue threshold, to apply a higher minimum tax rate, or to partially or wholly abolish the substance-based income inclusion.