6 Amendments of Bernd LUCKE related to 2016/0336(CNS)
Amendment 43 #
Proposal for a directive
Recital 1
Recital 1
(1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence and interaction of 28 disparate corporate tax systems. Furthermore, tax planning structures have become ever-more sophisticated over time, as they develop across various jurisdictions and effectively take advantage of the technicalities of a tax system or of mismatches between two or more tax systems for the purpose of reducing the tax liability of companies. Although those situations highlight shortcomings that are completely different in nature, they both create obstacles which impede the proper functioning of the internal market. Action to rectify these problems should therefore address both these types of market deficiencies.
Amendment 66 #
Proposal for a directive
Recital 4
Recital 4
(4) Considering the need to act swiftly in order to ensure a proper functioning of the internal market by making it, on the one hand, friendlier to trade and investment and, on the other hand, more resilient to tax avoidance schemes, it is necessaryuseful to divide the ambitious CCCTB initiative into two separate proposals. At a first stage, rules on a common corporate tax base should be agreed, before addressing, at a second stage, the issue of consolidation. Because these changes of regimes are significant steps in the completion of the internal market they need flexibility in order to be properly executed. Hence, as the internal market encompasses all Member States, they should be introduced in all Member States. However, if the Council fails to adopt unanimous decision on either step to establish a CCCTB, it is appropriate to initiate, without delay, the procedure for a Council decision authorising enhanced cooperation in the area of CCTB and CCCTB.
Amendment 86 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) All things being equal the switch to a common consolidated corporate tax base may result in loss or gain of fiscal revenues for Member States. In order to compensate losses, a temporary compensation fund is created, financed with the fiscal surplus from Member States with gain in fiscal revenue, due to the new regime. Compensation will be based on an assessment of the tax revenues that would have been obtained if the tax laws as of 31 December 2016 had been applicable. The compensation fund expires five years after entry into force of this Directive, unless the Council unanimously decides otherwise.
Amendment 107 #
Proposal for a directive
Recital 10
Recital 10
(10) The formula apportionment for the consolidated tax base should comprise three equally weighted factors, namely labour, assets and sales by destination. Those equallyfactors, namely labour, assets and sales by destination. The weights attributed to these factors should be determined by a Council decision guided by the principle that the sum of the absolute values of all gains and losses of fiscal revenue in those Member States which participate in the CCCTB system should be minimal when applied to the data of a specific base year equal or prior to the year of entry into force of this Directive. Moreover, the weighted factors should reflect a balanced approach to distributing taxable profits amongst the relevant Member States and should ensure that profits are taxed where they are actually earned. Labour and assets should therefore be allocated to the Member State where the labour is performed or the assets are located, and would thereby give appropriate weight to the interests of the Member State of origin, whilst sales should be allocated to the Member State of destination of the goods or services. To account for differences in the levels of wages across the Union and thus allow for a fair distribution of the consolidated tax base, the labour factor should comprise both payroll and the number of employees (i.e. each item counting for half). The asset factor, on the other hand,he asset factor should comprise all fixed tangible assets, but not intangible and financial assets because of their mobile nature and the resulting risk that the rules of this Directive could be circumvented. Where, due to exceptional circumstances, the outcome of the apportionment does not fairly represent the extent of business activity, a safeguard clause should provide for an alternative method of income allocation.
Amendment 126 #
Proposal for a directive
Recital 17
Recital 17
Amendment 216 #
Proposal for a directive
Article 28 – paragraph 1 – formula
Article 28 – paragraph 1 – formula