32 Amendments of Jonás FERNÁNDEZ related to 2021/2201(INI)
Amendment 1 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the public consultation document of the Organisation for Economic Co-operation and Development released on March 22 2022 entitled ‘Crypto-asset Reporting Framework and Amendments to the Common Reporting Standard’,
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas the use of new technologies in the EU single market and the digitalisation of tax administrations across Europe is transforming relations between citizens and companies, as taxpayers, along with national tax authorities, arend facilitating better compliance;
Amendment 11 #
Motion for a resolution
Recital B
Recital B
B. whereas tax authorities face many challenges nowadays regarding effective tax collection and cross-border cooperation, given the acceleration of digital transactions, the increasing mobility of taxpayers, the number of cross-border transactions and, the internationalisation of economic operations and business models and the design of complex aggressive tax planning schemes by an industry of enablers;
Amendment 17 #
Motion for a resolution
Recital D
Recital D
D. whereas new technological solutions, such as blockchain, can be used by tax administrations to better serve the needs of tax payers while such technologies can also be abused and serve as a vehicle for illicit activities, with the criminal intent to avoid paying taxes;
Amendment 21 #
Motion for a resolution
Recital E
Recital E
E. whereas tax administrations across Europe, within differentalthough to varying degrees, are taking important steps towards the digitalisation of processes, making tax compliance easier, faster and more effective; whereas the use of new technologies is significantly different between Member States; whereas national tax administrations, in general, need a further push to realise the potential in the field of technological and digital transformation;
Amendment 24 #
Motion for a resolution
Recital F
Recital F
F. whereas the increasing use of crypto-assets is forcing tax administrations to adapt current taxing practices within the single market; whereas the crypto-asset market makes the identification of tax- relevant activities very difficult because it relies less on traditional financial intermediaries, who typically provide information for tax purposes;
Amendment 29 #
Motion for a resolution
Recital G
Recital G
G. whereas there is an international effort and commitment to better regulate the fair taxation of the digital economy; whereas crypto-assets could be exploited to undermine existing international tax transparency initiatives, as recognised by the OECD; whereas, in this context, it is crucial that the EU take a leading role, namely on strong cooperation between Member States to tax, crypto-assets in a fair and transparent way, crypto-assets;
Amendment 46 #
Motion for a resolution
Recital I
Recital I
I. whereas certain fields of tax policy isremain a national competence, but strong cooperation and coordination between Member States is essential to respond to the challenges posed to the integrity of the single market, namely by the increasing the use of crypto-assetsn those fields is essential to mitigate distortions to the single market and prevent tax evasion and avoidance; whereas a framework of 27 significantly different approaches to crypto-assets taxation could lead to significant obstacles forto the fulfilment of the objectives of the European digital single market;
Amendment 53 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas crypto-assets are a fast- moving environment and policymakers are still at an early stage in considering their implications and elaborating the proper tax regime; whereas so far, the tax policy and evasion implications have been largely unexplored, although forming an important aspect of the overall regulatory framework;
Amendment 61 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that national tax administrations should be better equipped with the adequate resources to facilitate efficient tax collection, better serve taxpayers and ensure compliance and that, in the context of digital transition, this means proper commitment from Member States with investment in human resources training, digital infrastructures and specialised personnel and equipment;
Amendment 74 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights, however, that the use of blockchain, AI and other digital tools by tax administrations is not without risks, which must be properly mitigated, notably to prevent violations of privacy and biased and discriminatory treatment of tax payers;
Amendment 75 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Highlights in particular, the risks associated with data quality, notes in this regard that a permissioned blockchain, with controlled permission by intermediaries is crucial in the context of tax administrations and may help improve the integrity of the system as it allows tax information, among other data, to be shared in a secured environment;
Amendment 76 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to promote an assessment of the ways in which different Member States tax crypto- assets and of different national policies regarding the combafight against tax fraud and evasion in the field of crypto-assets, underlining best practices and potential loopholes, and taking advantage of cooperation platforms in the field of taxation, namely the Fiscalis programme;
Amendment 80 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Commission to evaluate the creation of a new platform for training and best-practice sharing between national tax authorities in the field of combatting against tax fraud and evasion in the digital economy, notably the use of crypto-assets; understands that this new platform could be integrated in current initiatives, such the Fiscalis programme;
Amendment 85 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the potential of distributed ledger technology to make the withholding system more efficient in each country, but also to facilitate seamless procedures between different national systems and prevent fraudulent activity; calls on the Commission, in this regard, to take account of existing digital solutions in Member States, to assess how to leverage blockchain technologies to prevent tax evasion and avoidance, while fully respecting EU data protection rules;
Amendment 92 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that crypto-assets must be subject to fair, transparent and effective taxation, in order to guarantee a level playing field, prevent a race to the bottom and ensure fair competition between businesses in the area of financial services; understands that decisions on the taxation of crypto-assets lie with Member States, according to the Treaties; stands for an innovation-friendly environment in the digital single market, where entrepreneurs, SMEs and start-ups can thrive, generate growth, create jobs and contribute to economic recovery through tax revenues under an effective regulatory framework;
Amendment 106 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that each country tends to use their own terminology when designing their national regulatory solutions to crypto-assets, which could cause legal uncertainty for citizens and companies, and at the same time emerge as a threat to the integrity ofin advertently create loopholes, providing opportunities for tax abuse and avoidance in the European single market;
Amendment 112 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that the taxation of crypto-assets in cross-border situations is linked to several dimensions of tax policy and that currently such dimensions are distributed between national and European competences, but that the benefit of a common European approach is concentrated in instruments linked to administrative cooperation and corporate taxation;
Amendment 115 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Considers that it is necessary to have a clear, broadly accepted definition of crypto-assets for tax purposes ;underlines that this definition should be aligned with that of the MiCA regulation;
Amendment 121 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores, in this respect, that some Member States have opted to not treat exchanges in crypto assets as taxable income, as they do not fall within the definition of capital gains or of capital income for tax purposes; reminds that the estimated revenue potential for the EU on the taxing of realised Bitcoin capital gains in2020 alone could have amounted to EUR 800-900 million; highlights with concern that such regulatory treatment can be combined with specific non- habitual residence programs, incentivising asset holders to artificially seek residence status in order to avoid any taxation on those assets;
Amendment 124 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls on Member States to align the tax treatment of crypto-assets with other policy objectives, notably the European Green Deal; highlights that crypto-assets based on proof-of-work (PoW) blockchain are energy-intensive and cause enormous amounts of pollution and damage to the environment; calls, in this regard, for Member States to determine higher taxation on certain crypto-assets, such as those which are based on proof of work blockchain, above and beyond the taxation of other financial instruments;
Amendment 126 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the crypto-asset landscape is global and requires an coordinated international approach; understands, in this regard, the need to further negotiate international instruments on the matter;
Amendment 133 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to elaborate a comprehensive list of major taxable events and income forms associated with crypto-assets, the tax consequences of a number of key operations such as issuance of crypto- assets; exchange with crypto-assets, fiat currencies and for goods and services including valuation; disposal via gift or inheritance; loss or theft etc;
Amendment 136 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Asks the Commission to assess how to fairly and effectively tax all crypto- assets users, whether they decide to use crypto-assets services providers or not;
Amendment 138 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to evaluate and determine to what extent crypto-assets fit within the existing tax framework, in order to promote clarity and certainty for taxpayers; takes the view that tax policy should be integrated within a sound regulatory framework for crypto- assets, and to be coherent with other policy aspects including tax transparency and legal, financial and consumer protection requirements;
Amendment 140 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that it is necessary to amend the scope of the Directive on Administrative Cooperation5 (DAC8) so that European legislators can further assess if other categories of income and assets such as crypto-assets are to be included; _________________ 5 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation, OJ L 64, 11.3.2011, p. 1.the exchange of information framework in the field of taxation can include crypto-assets and e-money;
Amendment 142 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Asks the Commission to reevaluate whether the tax treatment of crypto-assets compared to the tax treatment of other assets is consistent and fair, especially regarding the VAT treatment of those assets, in order to enhance the level playing field between crypto-assets and traditional assets. While exchanges are often exempt or outside the scope of VAT, the treatment of mining, forging or other types of services, should be reviewed against the broader VAT framework for payment instruments and future VAT reforms;
Amendment 146 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and national public authorities to ensure that the use of blockchain technology can be further developsed in full compliance with the rules on the processing of personal data, onfundamental rights, cybersecurity and on anti-money laundering/combatting the financing of terrorism standards;
Amendment 147 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages the Commission to take account of existing digital solutions, legal provisions and administrative guidance used in Member States in order to assess how to leverage blockchain and other distributed ledger technologies and to prevent tax fraud and avoidance; supports the development of a European blockchain services infrastructure;
Amendment 149 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Asks the Commission to evaluate how to support improved tax compliance, taking into account the high volatility and fast moving values of crypto-assets, the lack of obvious translation into fiat currency in some cases, but also the challenge for tax administrations to obtain reliable and timely information on these transactions;
Amendment 150 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Considers that, insofar as the universe of cryptos is currently in full expansion and is not expected to stabilise in the near future, the necessary assessment of the situation should not prevent the European institutions from legislating on better supervision and better taxation of crypto-assets;
Amendment 151 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Points out the need for frequent reviewing and adapting of tax policy in order to be able to respond to the evolutions of the sector and to ensure that it remains relevant in the face of technological and market developments related to virtual currencies and other emerging asset-types;