39 Amendments of Fulvio MARTUSCIELLO related to 2015/2010(INL)
Amendment 16 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges the Commission's approach of putting forward a simple CCTB (without consolidation) as a first step and that, until consolidation is re- introduced at a later stage, the Commission will include an element of cross border relief; points out that this element is not a perfect substitute for consolidation and time would be necessary to make this new regime fully operational;
Amendment 18 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that no significant decisions are being taken at Council level on corporate taxation despite recent developments and the need to go further in EU integration in many related fields such as internal market, economic and fiscal governance, banking union;
Amendment 25 #
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that fiscal policies and corporate taxation should be used as a tool to boost growth, jobs and development; believes that the Union must, by a more efficient, more transparent and fairer tax treatment for all companies, promote an attractive, competitive and balanced business environment that would allow businesses, including small and medium- sized enterprises, family businesses and, self- employed people and liberal professions to operate simpler across the borders within the Union;
Amendment 29 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Union has made major steps towards economic integration such as the Economic and Monetary Union as well as the Banking Union and that a Fiscal Union should be the next step in the European integration process;
Amendment 39 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas fiscal policies and corporate taxation could be used instead as a tool to boost growth, jobs and development; whereas the Union must, through a more efficient, more transparent and fairer tax treatment for all companies, promote an attractive, competitive and balanced business environment that would make it easier for businesses, including small and medium-sized enterprises, family businesses, self-employed people and liberal professions, to operate across borders within the Union;
Amendment 43 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges that the loopholes and mismatches between 28 national tax systems are being exploited by some companies to use aggressive tax planning and abusive tax practices, that erode Member States' revenues and undermine fair burden sharing between taxpayers and fair competition for business, in particular for SMEs, family businesses, self-employed people and liberal professions;
Amendment 46 #
Motion for a resolution
Recital J
Recital J
J. whereas the loss arising from BEPS also demonstrates the lack of a level playing- field between those companies which operate only in one country, in particular SMEs, family business, self-employed people and liberal professions, and pay their taxes there, and certain multinational companies which are able to shift profits from high tax to low tax jurisdictions and engage in aggressive tax planning, thereby reducing their overall tax base and placing additional pressure on public finances;
Amendment 49 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the principle of transparency and of automatic exchange of information in tax rulings among tax authorities; notes that this can increase confidence between Member States, specifically by setting up automatic exchange of information under the same rules, obligations and rights for all Member States; (This amendment applies before point 4.)
Amendment 50 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that tax rulings are crucial to ensure legal certainty and business friendly environment for tax payers, for their daily work and for their investments strategy;
Amendment 56 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of guaranteeing personal data protection, confidentiality of information exchanged, trade secrets and freedom to conduct a business; encourages the identification of solutions that strike a balance between transparency and confidentiality;
Amendment 57 #
4a. Stresses that EU initiatives should not result in any increase of administrative burdens and cost of compliance; believes that all proposals should lead to a greater legal certainty, transparency, simplicity and rapidity of the administrative process;
Amendment 58 #
Draft opinion
Paragraph 5
Paragraph 5
5. Suggests the simplification of utilisation of thRecalls that, notwithstanding efforts made, there are still cases of double taxation that have to be credit coming from taxes paid in a foreign country, along with consequent automatic exchange of information between tax authoritiessolved; urges simpler, swifter and more transparent solutions, in particular for SMEs, self- employed workers and the professions; calls in this regard for automatic exchange of information between tax authorities to be used to simplify use of credit for taxes paid abroad;
Amendment 69 #
Motion for a resolution
Recital P
Recital P
P. whereas the lack of coordinated tax policies in the Union leads to significant cost and administrative burden for citizens and businesses operating cross-border within the Union, and results in unintended non-taxation or facilitates aggressive tax planning; recalls at the same time that there are still cases of double taxation that must be eliminated; urges in this respect the adoption of more transparent and simpler solutions;
Amendment 71 #
Draft opinion
Paragraph 6
Paragraph 6
6. Proposes to consider the introduction of a temporary Union free zones programme to promote the recovery of those areas in the Member States mostSuggests the Commission to assess the different special economic zones existing in Europe, used to boost growth and economic recovery in delimited areas deeply affected by the crisis or with the purpose of allowing them to apply tax reductions to new economic entities for the purpose of direct taxes; believes that the Commission should carry out the programme and proceed with the identification of areas of intervention as well as of the conditions of industrial restructuring and growth plans to be coordinated with, on the basis of proposals by the Member State concerned.high rate of unemployment or to promote start- ups; encourages in this regards the exchange of best practices between tax authorities; invites the Commission to develop guidelines to promote a more coordinated approach for the best tax reduction schemes that can be applied at European level, in order not to increase the imbalances but to support the more disadvantaged areas;
Amendment 75 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that a precondition to establish economic stability in the Union on the long term is the achievement of a Fiscal Union;
Amendment 78 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the challenges launched by the digitalisation of the economy have created the basis for a stronger tax competition and can promote potentially harmful tax schemes; recognises at the same time the importance to guarantee the freedom of business location, the freedom of investment decisions and to promote the digital sector in Europe;
Amendment 81 #
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas a harmonised taxation system across the European Union would allow to tackle unfair competition and enhance the competitiveness of Union companies, in particular SMEs;
Amendment 82 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recognises in this regard the lack of an European definition of permanent establishment and economic substance; encourages an European answer where single measures at national level will not solve the problem, but could instead increase then complexity and the mismatch among European countries;
Amendment 84 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to create a harmonised taxation system in all Member States, and across the Union as a whole, in view of fighting unfair competition and enhancing the competitiveness of EU companies;
Amendment 87 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Urges the Commission to bring forward as soon as possible a legislative proposal for the introduction of a Common Consolidated Corporate Tax Base to improve the business environment and to combat tax avoidance in the EU;
Amendment 88 #
6d. Calls on the Commission to negotiate tax agreements with third countries on behalf of the EU in order to have a coherent unified stance in tackling tax evasion;
Amendment 89 #
Motion for a resolution
Recital T – point i
Recital T – point i
(i) whereas increased transparency regarding the activities of large multinational companies, and in particular regarding profits made, taxes on profit paid, subsidies received and tax returns, is essential for ensuring that tax administrations tackle BEPS efficiently; whereas one vital form for this transparency to take is country-by-country reporting; whereas any Union proposals for country-by-country reporting should in the first instance be based on the OECD guidelines; whereas it is possible for the Union to go further than the OECD guidelines, and the Europeathe European Parliament, the Council and the Commission Parliament voted in favour of fulle now discussing a public country-by- country reporting in its amendments adopted on 8 July 20154 orequirement in the proposal for a revised Shareholder Rights Directive; whereas the European Commission conducted a consultation on this subject between 17 June and 9 September 2015 in order to explore different options for the implementation of country-by-country reporting5 ; __________________ 4Texts adopted of 8.7.2015, P8_TA(2015)0257. 5 5 http://ec.europa.eu/finance/consultations/2 015/further-corporate-tax- transparency/index_en.htm.
Amendment 89 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to bring forward a proposal to establish criteria to define 'tax havens' in EU; stresses that the lack of a common definition distorts the EU single market causing legal uncertainty.
Amendment 98 #
Motion for a resolution
Recital T – point iii
Recital T – point iii
Amendment 106 #
Motion for a resolution
Recital T – point iv
Recital T – point iv
(iv) whereas there is evidence that Member States do not communicate sufficiently between themselves about the possible impact that their tax arrangements with certain companies might have on tax collection in other Member States; whereas national tax authorities should automatically exchange all tax rulings without delay after they have been issued; whereas tax rulings signed up to by tax authorities should be subject to greater transparency, providing that confidential information and business sensitive information is preserved; whereas it is also necessary to take into account that, in the lack of adequate guarantees nor the confidentiality of proprietary information, the result will simply be that taxpayers will shy away from asking for tax rulings; whereas it is important to underline that, as also recognised by the Commission, tax rulings are primarily issued to provide legal certainty for taxpayers with regard to cross-border investments in the Union;
Amendment 107 #
Motion for a resolution
Recital T – point iv
Recital T – point iv
(iv) whereas there is evidence that Member States do not communicate sufficiently between themselves about the possible impact that their tax arrangements with certain companies might have on tax collection in other Member States; whereas national tax authorities should automatically exchange all tax rulings without delay after they have been issued; whereas tax rulings signed up to by tax authorities should be subject to greater transparency, providing that confidential information and business sensitive information is preserved; encourages the identification of solutions that strike a balance between transparency and confidentiality;
Amendment 112 #
Motion for a resolution
Recital T – point v
Recital T – point v
(v) whereas customs-free ports are reported to be used to hide transactions from tax authorities; at the same time recognise that in Europe exist different special economic zones, used with success to boost growth and economic recovery in delimited areas deeply affected by the crisis; encourages in this regards the exchange of best practices between tax authorities; invites the European Commission to develop guidelines to promote a more coordinated approach for the best tax reduction schemes that can be applied at European level, in order not to increase the imbalances but to support the more disadvantaged areas;
Amendment 154 #
Motion for a resolution
Recital U – point iii
Recital U – point iii
(iii) whereas the overall principle of corporate taxation in the Union should be that taxes are paid in the countries where a company's actual economic activity and value creation takes place; whereas criteria should be developed to ensure that this occurs; whereas any use of 'patent box' or other preferential tax regimes must also ensure that taxes are paid in the place where value is generated, according to the criteria defined in BEPS Action 5;
Amendment 155 #
Motion for a resolution
Recital U – point iii
Recital U – point iii
(iii) whereas the overall principle of corporate taxation in the Union should be that taxes are paid in the countries where a company's actual economic activity and, value creation takes place and where public services and infrastructures are used; whereas criteria should be developed to ensure that this occurs; whereas any use of 'patent box' or other preferential tax regimes must also ensure that taxes are paid in the place where value is generated;
Amendment 190 #
Motion for a resolution
Recital V – point iv
Recital V – point iv
(iv) whereas a new binding definition of 'permanent establishment' is needed to ensure that taxation takes place where economic value is created; whereas this should be accompanied by minimum binding criteria to determine whether economic activity has sufficient substance to be taxed in a Member State in order to avoid the problem of 'letterbox companies', in particular regarding the challenges launched by the digital economy;
Amendment 197 #
Motion for a resolution
Recital V – point ix
Recital V – point ix
(ix) whereas the current Union framework on double taxation dispute resolution between Member States does not work effectively and would benefit from clearer rules and more stringent timelines; calls, in this regard, for the use of tax credit for taxes paid abroad to be simplified through an automatic exchange of information between the tax authorities involved in the taxation, whilst at the same time encouraging SMEs, self-employed workers and the liberal professions to expand their businesses beyond national borders;
Amendment 211 #
Motion for a resolution
Recital X a (new)
Recital X a (new)
Xa. whereas mismatches between different tax systems across the Union distort the functioning of the internal market;
Amendment 270 #
Motion for a resolution
Annex – title 1 – subtitle 4 – indent 2 – introductory part
Annex – title 1 – subtitle 4 – indent 2 – introductory part
Amendment 274 #
Motion for a resolution
Annex – title 1 – subtitle 4 – indent 2 – point 1
Annex – title 1 – subtitle 4 – indent 2 – point 1
requiring Member States or the Commission to produce an annual list, published in a fully public directory accessible to all, of companies with which they have concluded tax rulings, one year at the most after the tax ruling is signed by tax authorities ;
Amendment 328 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 1
Annex – title 2 – subtitle 1 – paragraph 1
As a first step, by June 2016, a mandatory Common Corporate Tax Base (CCTB) in the Union, with an exemption for small- and medium- sized enterprises and companies with no cross-border activity, in order to have only one set of rules for companies operating in several Member States to calculate their taxable profits.
Amendment 338 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 2
Annex – title 2 – subtitle 1 – paragraph 2
As a second step, as soon as possible and certainly no later than the end of 2017, a mandatory CCCTB, taking into due consideration the range of different options (factoring in the costs, for example, of incorporating small and medium enterprises and companies with no cross- border activity);
Amendment 345 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 3
Annex – title 2 – subtitle 1 – paragraph 3
During the interim period between the introduction of mandatory CCTB and that of full CCCTB, a set of measures to reduce profit shifting (mainly via transfer pricing) including a Union anti-BEPS legislative proposal. These measures should include a temporary cross-border loss offset regime only if the Commission can guarantee that it will be transparent and will not create the possibility of misuse for aggressive tax planning. Moreover these measures are not perfect substitute for consolidation and time would be necessary to make this new regime fully operating.
Amendment 346 #
Motion for a resolution
Annex – title 2 – subtitle 1 – paragraph 3 a (new)
Annex – title 2 – subtitle 1 – paragraph 3 a (new)
The CCCTB should be conceived as optional given the fact that any shift from a domestic tax system to a common system within the Union will present significant costs for companies. A compulsory shift could therefore prove to be contradictory in terms of economic growth and competitiveness.
Amendment 358 #
Motion for a resolution
Annex – title 2 – subtitle 3 – indent 1
Annex – title 2 – subtitle 3 – indent 1
This guidance should make clear that preferential regimes, such as patent boxes, must be based on the ‘modified nexus approach’ on the basis of BEPS Action 5 works, meaning that there must be a direct link between the tax benefits and the underlying research and development activities.