16 Amendments of Molly SCOTT CATO related to 2015/0068(CNS)
Amendment 32 #
Proposal for a directive
Recital 1
Recital 1
(1) The challenge posed by cross-border tax avoidance, aggressive tax planning and harmful tax competition has increased considerably and has become a major focus of concern within the Union and at global level. Tax base erosion is considerably reducing national tax revenues, which hinders Member States in applying growth- friendly tax policies. In particular, rulings concerning tax-driven structures lead to a low level of taxation of artificially high amounts of income in the country giving the advance ruling and may leave artificially low amounts of income to be taxed in any other countries involved. An increase in transparency is therefore urgently required. The tools and mechanisms established by Council Directive 2011/16/EU13 need to be enhanced in order to achieve this, and need to take account of the wide definition of tax rulings as passed by the Parliament in an amendment to the Shareholder Rights Directive, which complements the definition included therein. __________________ 13 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64 of 11.3.2011, p. 1).
Amendment 34 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Tax rulings have been used by Member States to attract companies to their territories, by negotiating individual arrangements with multinational corporations, some of which have led to very low tax liabilities for corporations, and have put a downward pressure on rates of corporation tax in Member States. At present Europe is facing several crises, and there is a strain on public finances. Member States should agree a common minimum rate of corporation tax and a common consolidated corporate tax base, instead of engaging in tax competition.
Amendment 40 #
Proposal for a directive
Recital 5
Recital 5
(5) The possibility that the provision of information may be refused where it would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy should not apply to provisions of mandatory automatic exchange of information on advance cross-border rulings and advance pricing arrangements in order not to reduce the effectiveness of these exchanges. The limited nature of the information that is required to be shared with all Member States srulings and advance pricing arrangements and therefore all such rulings and arrangements should be made public, by the issuing authorities. The Commission shall be empowered to set out, by means of delegated acts in accordance with Article 27(2a), (2b) and (2c) of the Sharehould ensure sufficient protection of those commercial interestser Rights Directive, the format and content of publication.
Amendment 45 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Multinational companies are using tax rules and their close relationships with governments to control markets and undermine the competition that allows business to thrive. It is crucial that companies compete on innovation and efficiency, not on tax policy. Making information on rulings public will make this diversion of energy away from the central purpose of the firm evident.
Amendment 49 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to reap the benefits of the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangementsransparency, the information should be communicated and published promptly after they are issued and therefore regular intervals for the communication of the information should be established.
Amendment 56 #
Proposal for a directive
Recital 8
Recital 8
(8) Member States should exchange the basic information to be communicated also with the Commission. This would enable the Commission at any point in time to monitor and evaluate the effective application of the automatic exchange of information on advance cross-border rulings and advance pricing arrangements. The Commission will then publish the central directory. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission.
Amendment 68 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to enhance the efficient use of resources, facilitate the exchange of information and avoid the need for Member States each to make similar developments to their systems to store information, specific provision should be made for the establishment of a public central directory accessible to all Member States and, the Commission and European citizens, where Member States would upload and store information instead of exchanging it by email. The practical arrangements necessary for the establishment of such a public directory should be adopted by the Commission in accordance with the procedure referred to in Article 26(2) of Directive 2011/16/EU.
Amendment 74 #
Proposal for a directive
Recital 14
Recital 14
(14) In the spirit of the incremental approach advocated in Directive 2011/16/EU, it is appropriate to adapt the time limits for the existing mandatory automatic exchange of information provided for in Article 8(1) of Directive 2011/16/EU in order to ensure that the available information on the categories is communicated within ninesix months after the end of the tax year to which it relates.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – title
Article 8a – title
Scope and conditions of mandatory automatic exchange of information on advance cross-borderand publication of advance rulings and advance pricing arrangements
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 1
Article 8a – paragraph 1
1. The competent authority of a Member State issuing or amending an advance cross-border ruling or an advance pricing arrangement after the date of entry into force of this Directive shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States as well as to the European Commission. The competent authority of each Member State shall also publicly disclose advance rulings and advance pricing arrangements in an online public centralised register. The rulings shall be made public within one year of being signed.
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2. The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States as well as to the European Commission on all advance cross-border rulings and advance pricing arrangements issued within a period beginning ten years before the entry into force but still valid on the date of entry into force of this Directive;
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – introductory part
Article 8a – paragraph 5 – introductory part
5. The information to be communicated and published by a Member State pursuant to this Article shall as a minimum include the following information:
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 6
Article 8a – paragraph 6
6. To facilitate the exchange and publication the Commission shall adopt any measures and practical arrangements necessary for the implementation of this Article, including measures to standardise the communication of the information set out in paragraph 5 of this Article, as part of the procedure for establishing the standard form provided in Article 20(5) and the creation of a public central database where all rulings would be stored and available.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/16/EU
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where a Member State makes use of any information communicated by another Member State in accordance with Article 8a, it shall send feedback thereon to the Commission and competent authority which provided the information as soon as possible, and no later than three months after the outcome of the use of the requested information is known, except if feedback has already been provided pursuant to paragraph 1 of this Article. The Commission shall determine the practical arrangements in accordance with the procedure referred to in Article 26(2).
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall develop a securepublic central directory where information to be communicated in the framework of Article 8a of this Directive mayshall be recorded in order to satisfy the automatic exchange provided for in paragraphs 1 and 2 of Article 8a and will be made available to the public. The Commission shall have access to the information recorded in this directory. The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2).
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2011/16/EU
Article 23a – paragraph 1
Article 23a – paragraph 1
1. Information communicated to the Commission pursuant to this Directive shall be kept confidential by the Commissmade public by the Commission and by the Member States communicating the information in accordance with the provisions applicable to Union authorities, at the latest one year after the ruling has been issued.