5 Amendments of Tom VANDENKENDELAERE related to 2016/0107(COD)
Amendment 54 #
Proposal for a directive
Recital 4
Recital 4
(4) Calling for a globally fair and modern international tax system in November 2015, the G20 endorsed the OECD ‘'Action Plan on Base Erosion and Profit Shifting’' (BEPS) which aimed at providing governments with clear international solutions to address the gaps and mismatches in existing rules which allow corporate profits to shift to locations of no or low taxation, where no real value creation may take place. In particular, BEPS Action 13 introduces a country-by- country reporting by certain multinational undertakings to national tax authorities on a confidential basis. On 27 January 2016, the Commission adopted the ‘Anti-Tax Avoidance Package’. One of the objectives of that package is to transpose into Union law, the BEPS Action 13This specific BEPS Action was translated into Union law by amendingans of Council Directive 2011/16/EU20(EU) 2016/881. __________________ 20 Council Directive 2011/16/EU(EU) 2016/881 of 125 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3May 2016 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation (OJ L 146, 3.6.20116, p. 18).
Amendment 71 #
Proposal for a directive
Recital 5
Recital 5
(5) EIn addition to the increased transparency created by country-by- country reporting to national tax authorities, enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the Union is an essential element to further foster corporate responsibility, to contribute to the welfare through taxes, to promote fairer tax competition within the Union through a better informed public debate and to restore public trust in the fairness of the national tax systems. Such public scrutiny can be achieved by means of a report on income tax information, irrespective of where the ultimate parent undertaking of the multinational group is established.
Amendment 86 #
Proposal for a directive
Recital 8
Recital 8
(8) The report on income tax information should provide information concerning all the activities of an undertaking or of all the affiliated undertakings of a group controlled by an ultimate parent undertaking. The information should be based on the reporting specifications of BEPS’ Action 13 and should be limited to what is necessary to enable effective public scrutiny, in order to ensure that disclosure does not give rise to disproportionate risks or disadvantages in terms of competitiveness or misinterpretation for the undertakings concerned. The report should also include a brief description of the nature of the activities. Such description might be based on the categorisation provided for in table 2 of the Annex III of Chapter V of the OECD “"Transfer Pricing Guidelines on Documentation”". The report should include an overall narrative providing explanations in case of material discrepancies at group level between the amounts of taxes accrued and the amounts of taxes paid, taking into account corresponding amounts concerning previous financial years.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Member States shall require ultimate parent undertakings governed by their national laws and having a consolidated net turnover exceeding EUR 750 000 000 as reported in their consolidated financial statements for that financial year, as well as undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding EUR 750 000 000 as reported in their annual financial statements for that financial year, to draw up and publish a report on income tax information on an annual basis.
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point -a (new)
Chapter 10 a – Article 48 c – paragraph 2 – point -a (new)
(-a) the name of the undertaking;