BETA

Activities of Cora van NIEUWENHUIZEN related to 2015/2010(INL)

Plenary speeches (1)

Bringing transparency, coordination and convergence to corporate tax policies (debate) NL
2016/11/22
Dossiers: 2015/2010(INL)

Amendments (30)

Amendment 6 #
Draft opinion
Paragraph 1
1. Welcomes the recent initiatives of the Commission and encourages Member States to tackle further tax fraud, tax evasion and tax avoidance, promoting clear and fair tax rulings, and combatting aggressive tax planning and re-launch; stresses that before reconsidering thea Common Consolidated Corporate Tax Base scheme, stressingcomprehensive research should be conducted on the different criteria on which such a scheme could be based, followed by an appropriate impact assessment; underlines the importance tof avoiding any increase in administrative burdens and cost of compliance;
2015/10/06
Committee: ITRE
Amendment 26 #
Draft opinion
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 UnionMember States 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 to operate simpler across the borders within the Union;
2015/10/06
Committee: ITRE
Amendment 39 #
Draft opinion
Paragraph 3
3. Stresses that taxes must be paid where profits are made or value is created and where public services and infrastructures are usvalue is added;
2015/10/06
Committee: ITRE
Amendment 69 #
Draft opinion
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 most affected by the crisis 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.deleted
2015/10/06
Committee: ITRE
Amendment 71 #
Motion for a resolution
Recital Q
Q. whereas the revelations of the LuxLeaks scandal and the work carried out by the TAXE Committee clearly show the need for Union legislative measures to improve transparency, coordination and convergencecoordination at union level to improve transparency within corporate tax policies in the Union;
2015/10/13
Committee: ECON
Amendment 79 #
Draft opinion
Paragraph 6 a (new)
6a. Strongly believes that, with the objective of securing a global level playing field, the combat against tax fraud, tax evasion and tax avoidance should take place within a wider international context and in line with the OECD recommendations;
2015/10/06
Committee: ITRE
Amendment 97 #
Motion for a resolution
Recital T – point iii
(iii) whereas increased transparency would be achieved if Member States inform each other and the Commission of any new allowance, relief, exception, incentive or similar measure that could have a material impact on their effective tax rate; whereas such notification would help Member States in identifying harmful tax practices;deleted
2015/10/13
Committee: ECON
Amendment 119 #
Motion for a resolution
Recital T – point vii
(vii) whereas the current Union-wide legal framework to protect whistleblowers is insufficient, and there exists significant variation between the ways in which different Member States provide protection for whistleblowers; whereas in the absence of such protection, those employees who hold vital information will understandably be reluctant to come forward and therefore that information will not be made available; whereas since whistleblowers helped to mobilise public attention on the issue of unfair taxation, Member States should consider measures that will protect such activity; whereas it would therefore be appropriate to offer Union-wide protection for whistleblowers who report suspected misconduct, wrongdoing, fraud or illegal activity to national regulators or, in cases of persistently unaddressed illegal activity that could affect the public interest, to the public as a whole; whereas such protection should be coherent with the overall legal system;
2015/10/13
Committee: ECON
Amendment 134 #
Motion for a resolution
Recital U – point i
(i) whereas ait should be investigated by meandatorys of an impact assessment if a Union-wide Common Consolidated Corporate Tax Base (CCCTB) would be a major step towards solving those problems associated with aggressive tax planning within the Union; whereas the ultimate goal should remain a full, mandatory CCCTB with possible exemptions for small- and medium-sized enterprises and companies with no cross-border activity; whereas until a full CCCTB is in place, the Commission is considering temporary measures to counteract profit shifting opportunities; whereas it is necessary to ensure that those measures, including the offsetting of cross- border losses, do not increase the risk of BEPS;
2015/10/13
Committee: ECON
Amendment 164 #
Motion for a resolution
Recital U – point ix
(ix) whereas, in addition to the issues mentioned in this report, the Commission should clearly set out how it will implement all 15 of the OECD/G20 BEPS project deliverables, and consider in which areas the Union should go further than the minimum standards which the OECD recommends;
2015/10/13
Committee: ECON
Amendment 175 #
Motion for a resolution
Recital V – introductory part
V. whereas improved coordination alone will not solve fundamental problems arising from the fact that different rules regarding corporate taxation exist in different Member States; whereas part of the overall response to aggressive tax planning must involve the convergence of a limited numberordination of national tax practices; whereas this can be achieved while still preserving the sovereignty of Member States in relation to other elements of their corporate tax systems;
2015/10/13
Committee: ECON
Amendment 185 #
Motion for a resolution
Recital V – point iii
(iii) whereas the Union should apply counter measures towards companies who make use of such tax havens; whereas this has already been called for in the European Parliament's Report on the Annual Tax Report 20148 , which asked for the 'introduction of strong sanctions to prevent companies breaching or dodging tax standards, by refraining from granting EU funding and access to state aid or to public procurement to fraudulent companies or companies located in tax havens or countries distorting competition with favourable tax conditions; urges MSs to recover all types of public support given to companies if they are involved in breaching EU tax standards'; __________________ 8 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+REPORT+A8- 2015-0040+0+DOC+XML+V0//EN
2015/10/13
Committee: ECON
Amendment 204 #
Motion for a resolution
Recital W
W. whereas the overall efficiency of tax collection, the notion of tax fairness and the credibility of national tax administrations are not undermined only by aggressive tax planning and BEPS activities; whereas the UnionMember States should take similarly decisive action to address the problems of tax evasion and tax fraud within both corporate and individual taxation as well as problems relating to the collection of taxes other than corporate taxes; whereas those other elements of tax collection and administration represent a substantial part of the existing tax gap;
2015/10/13
Committee: ECON
Amendment 218 #
Motion for a resolution
Paragraph 3
3. Considers that the financial implications of the requested proposal should be covered by appropriate budgetary allocations;deleted
2015/10/13
Committee: ECON
Amendment 241 #
Motion for a resolution
Annex – title 1 – subtitle 3
Recommendation A3. Mandatory notification of new tax measures The European Parliament calls on the European Commission to bring forward a proposal as soon as possible on a new mechanism whereby Member States are compelled to inform other Member States (initially via the Code of Conduct Group) if they intend to introduce a new allowance, relief, exception, incentive or similar measure that could have a material impact on the effective tax rate in the Member State or on the tax base of another Member State. • These notifications by Member States shall contain spillover analyses of the material impact of the new tax measures on other Member States and developing countries, to support the action of the Code of Conduct Group in identifying harmful tax practices. • These new tax measures should also be assessed by the European Commission, included in the European Semester process, and recommendations should be made for follow-up.deleted
2015/10/13
Committee: ECON
Amendment 262 #
Motion for a resolution
Annex – title 1 – subtitle 4 - title
Recommendation A4. Automatic exchange of information on tax rulings to be extended to all tax rulings and to a certain extent made public
2015/10/13
Committee: ECON
Amendment 265 #
Motion for a resolution
Annex – title 1 – subtitle 4 - indent 1
Extending the scope of the automatic exchange of information beyond cross- border tax rulings to include all tax rulings in the corporate tax area.deleted
2015/10/13
Committee: ECON
Amendment 271 #
Motion for a resolution
Annex – title 1 – subtitle 4 - indent 2
Significantly increasing the transparency of tax rulings at the EU level, with due consideration given to business confidentiality and trade secrets and taking into account the current best practices applicable in some Member States via one of the following methods: ° 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 ; ° requiring Member States or the Commission to publish a summary of the main important (anonymised) tax rulings that have been agreed in the previous year.
2015/10/13
Committee: ECON
Amendment 281 #
Motion for a resolution
Annex – title 1 – subtitle 4 – indent 3
Assuming full responsibility as proposed in the tax transparency package presented by the Commission on 18 March 2015, which includes the Commission ensuring that it plays a full and meaningful role in the mandatory exchange of information on tax rulings and the creation of a secure, anonymised central directory accessible by the Member States and the Commission concerning all tax rulings agreed in the Union.
2015/10/13
Committee: ECON
Amendment 296 #
Motion for a resolution
Annex – title 1 – subtitle 7 - introductory part
The European Parliament calls on the European CommissionMember States to bring forward a legislative proposal as follows:
2015/10/13
Committee: ECON
Amendment 319 #
Motion for a resolution
Annex – title 2 – subtitle 1
The European Parliament calls on the European Commission to bring forward as soon as possible a legislative proposal for the introduction of a common corporate tax base: 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. 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); 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. The Commission should consider to what extent it would be necessary to harmonise accounting principles in order to prepare the underlying accounting data to be used for CCCTB purposesinvestigate by means of an impact assessment the different possibilities of a common corporate tax base.
2015/10/13
Committee: ECON
Amendment 359 #
Motion for a resolution
Annex – title 2 – subtitle 3 – indent 3
If, within 12 months, Member States are not applying this new approach consistently, the Commission should bring forward a binding legislative proposal.deleted
2015/10/13
Committee: ECON
Amendment 372 #
Motion for a resolution
Annex – title 3 – subtitle 1
Recommendation C1. A new approach to international tax arrangements The European Parliament calls on the European Commission to bring forward a legislative proposal to allow the Union to speak with one voice in relation to international tax arrangements. • The Commission should negotiate tax agreements with third countries on behalf of the EU instead of the current practice under which bilateral negotiations are conducted, which produce sub-optimal results. • A common Union multilateral double tax agreement should be introduced to replace the multitude of bilateral tax agreements agreed between Member States themselves and with other countries. • All new international trade agreements concluded by the Union should include a clause on good tax governance.deleted
2015/10/13
Committee: ECON
Amendment 387 #
Motion for a resolution
Annex – title 3 – subtitle 3
Recommendation C3. Counter-measures towards companies who make use of tax havens The European Parliament calls on the European Commission to bring forward a proposal for a catalogue of counter- measures the Union and Member States should apply as shareholders and financers of public bodies, banks and funding programmes, to be applied to companies which use tax havens in order to put in place aggressive tax planning schemes and therefore do not comply with Union tax good governance standards. • Those counter-measures should include: ° Being banned from accessing state aid or public procurement opportunities at Union or national level ° Being banned from accessing certain Union funds • This should be achieved via, amongst other measures: Amending the European Investment Bank (EIB) Statute (Protocol No. 5 annexed to the treaties) to ensure that no EIB funding can go to ultimate beneficiaries or financial intermediaries which make use of tax havens or harmful tax practices1 Amending the European Fund for Strategic Investment (EFSI) Regulation to ensure that no EFSI funds can go to such companies2 Amending the four Common Agricultural Policy (CAP) Regulations to ensure that no CAP funding can go to such companies Continuing the process of State Aid Modernisation to ensure that Member States do not provide State Aid to any such companies3 ° Amending the Common Provisions Regulation to ensure that no money from the five European Structural and Investment Funds (European Regional Development Fund, European Social Fund, Cohesion Fund, European Agricultural Fund for Rural Development, European Maritime and Fisheries Fund) can go to any such companies4 ° Amending the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) to ensure no EBRD funding can go to any such companies5 ° Forbidding the conclusion of trade agreements by the EU with jurisdictions defined by the Commission as ‘tax havens’ __________________ 1 http://www.eib.org/attachments/general/ governance_of_the_eib_en.pdf 2 http://ec.europa.eu/priorities/jobs- growth- investment/plan/docs/proposal_regulation _efsi_en.pdf 3 http://www.europarl.europa.eu/sides/get Doc.do?pubRef=-//EP//TEXT+TA+P7- TA-2013-0026+0+DOC+XML+V0//EN 4 http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 3R1303&:PDF 5 http://www.ebrd.com/news/publications/i nstitutional-documents/basic-documents- of-the-ebrd.htmldeleted
2015/10/13
Committee: ECON
Amendment 394 #
Motion for a resolution
Annex – title 3 – subtitle 4
Recommendation C4. Permanent Establishment The European Parliament calls on to the European Commission to bring forward a legislative proposal • To adjust the definition of ‘permanent establishment’ so that companies cannot artificially avoid having a taxable presence in Member States in which they have economic activity. • To introduce a Union definition of minimum ‘economic substance’. The foregoing two definitions should form part of a concrete ban on so-called ‘letter box companies’.deleted
2015/10/13
Committee: ECON
Amendment 401 #
Motion for a resolution
Annex – title 3 – subtitle 5
Recommendation C5. Improving the Transfer Pricing framework in the EU The European Parliament calls on the European Commission to bring forward a legislative proposal: • to develop, based on its experience and on analysis of the new OECD principles on transfer pricing, specific Union Guidelines setting out how the OECD principles should be applied and how they should be interpreted within the EU context, so as: ° To reflect the economic reality of the internal market; ° To provide certainty, clarity and fairness for Member States and for companies operating within the Union; ° To reduce the risk of misuse of the rules for profit shifting purposes.deleted
2015/10/13
Committee: ECON
Amendment 403 #
Motion for a resolution
Annex – title 3 – subtitle 6
Recommendation C6. Hybrid mismatches The European Parliament calls on the European Commission to bring forward a legislative proposal to either: • harmonise national definitions of debt, equity, opaque and transparent entities, harmonise the attribution of assets and liabilities to permanent establishment, and harmonise the allocation of costs and profits between different entities within the same group; or • prevent double non-taxation, in the event of a mismatch.deleted
2015/10/13
Committee: ECON
Amendment 413 #
Motion for a resolution
Annex – title 3 – subtitle 8 – indent 3
In relation to the Directive 2003/49/EC, in addition to the introduction of a GAAR, also remove the requirement for Member States to give beneficial treatment to interest and royalty payments if there is no effective taxation elsewhere in the Union.deleted
2015/10/13
Committee: ECON
Amendment 415 #
Motion for a resolution
Annex – title 3 – subtitle 8 – indent 4
In relation to the Directive 2005/19/EC, in addition to the introduction of a GAAR, also introduce additional transparency obligations and - if these changes prove insufficient to prevent aggressive tax planning - introduce a minimum tax provision as the requirement for the use of ‘tax advantages’ (such as, no taxation of dividends) or other measures of similar impact.deleted
2015/10/13
Committee: ECON
Amendment 420 #
Motion for a resolution
Annex – title 4 – subtitle 1
Recommendation D1. Additional measures to address the tax gap The European Parliament calls on the European Commission to also focus on other factors beyond aggressive tax planning and BEPS activity which contribute to the existing tax gap, including: • Investigating sources of low efficiency regarding tax collection, including VAT collection; • Investigating sources of tax unfairness or weak credibility of tax administrations in the areas other than corporate taxation; • Setting principles for tax amnesties, in order to eliminate the negative consequences of these policies on future tax collection; • Proposing a minimum level of transparency for ‘tax forgiveness’ schemes run by national governments; • Ensuring that tax authorities have full and meaningful access to central registers of beneficial ownership for both companies and trusts, and that those registers are properly maintained and verified.deleted
2015/10/13
Committee: ECON