12 Amendments of Stelios KOULOGLOU related to 2016/0337(CNS)
Amendment 105 #
Proposal for a directive
Recital 4
Recital 4
(4) Considering the need to act swiftly in order to ensure a proper functioning of the internal market by making it, on the one hand, friendlier to trade and investment and, on the other hand, more resilient to tax avoidance schemes, it is necessary to divide the ambitious CCCTB initiative into two separate proposals. At a first stage, rulesimplement the legislative proposal on a Common Corporate Tax Base (CCTB) and on a cCommon cConsolidated Corporate tTax bBase should be enacted, before addressing, at a second stage, the issue of consolidation(CCCTB) simultaneously, as loss consolidation has potentially large and immediate revenue costs, with no likely offsetting benefits approaching anything like the same scale. Loss consolidation without a contemporary move to a unitary basis would thus be illogical, and also costly.
Amendment 139 #
Proposal for a directive
Recital 6
Recital 6
(6) It is necessary to define the concept of a permanent establishment situated in the Union and belonging to a taxpayer who is resident for tax purposes within the Union. The aim would be to ensure that all concerned taxpayers share a common understanding and to exclude the possibility of a mismatch due to divergent definitions. On the contrary, it should not be seen as essential to have a common definition of permanent establishments situated in a third country, or in the Union but belonging to a taxpayer who is resident for tax purposes in a third country. This dimension should better be left to bilateral tax treaties and national law due to its complicated interaction with international agreements.
Amendment 241 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. A taxpayer shall be considered to have a permanent establishment in a Member State other than the Member State in which it is resident for tax purposes when it has a fixed or virtual place in that other Member State through which it carries on its business, wholly or partly, including in particular:
Amendment 245 #
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) a virtual platform.
Amendment 310 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Exceeding borrowing costs that cannot be deducted in a given tax year shall be carried forward without time limitationfor a maximum of five years.
Amendment 313 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Paragraphs 1 to 6 shall not apply to financial undertakings, including those that are part of a consolidated group for financial accounting purposes for a duration of five years starting on the date of entry into force of this directive.
Amendment 342 #
Proposal for a directive
Article 53 – paragraph 1 – subparagraph 1
Article 53 – paragraph 1 – subparagraph 1
By way of derogation from points (c) and (d) of Article 8, a taxpayer shall not be exempt from tax on foreign income that the taxpayer received as a profit distribution from an entity in a different Member State or a third country or as proceeds from the disposal of shares held in an entity in a third country or another Member State where that entity in its country of tax residence is subject to a statutoryn effective corporate tax rate lower than half90 % of the statutoryeffective tax rate that the taxpayer would have been subject to, in connection with such foreign income, in the Member State of its residence for tax purposes.
Amendment 379 #
Proposal for a directive
Article 61 – paragraph 1 – subparagraph 2
Article 61 – paragraph 1 – subparagraph 2
To the extent that a hybrid mismatch involving a third country results in a double deduction of the same payment, expenses or losses, the Member State concerned shall deny the deduction of such payment, expenses or losses, unless the third country has already done so. The burden of proof of this denial shall be on the taxpayer.
Amendment 384 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 – point b
Article 61 – paragraph 2 – subparagraph 2 – point b
(b) if the payment has its source in a third country, the Member State concerned shall require the taxpayer to include such payment in the taxable base, unless the third country has already denied the deduction or has required that payment to be included. The burden of proof of this denial of deduction or requirement of inclusion shall be on the taxpayer.
Amendment 385 #
Proposal for a directive
Article 61 – paragraph 4
Article 61 – paragraph 4
4. To the extent that a payment by a taxpayer to an associated enterprise in a third country is set off directly or indirectly against a payment, expenses or losses which due to a hybrid mismatch are deductible in two different jurisdictions outside the Union, the Member State of the taxpayer shall deny the deduction of the payment by the taxpayer to an associated enterprise in a third country from the taxable base, unless one of the third countries involved has already denied the deduction of the payment, expenses or losses that would be deductible in two different jurisdictions. The burden of proof of this denial shall be on the taxpayer.
Amendment 386 #
Proposal for a directive
Article 61 – paragraph 5
Article 61 – paragraph 5
5. To the extent that the corresponding inclusion of a deductible payment by a taxpayer to an associated enterprise in a third country is set off directly or indirectly against a payment which, due to a hybrid mismatch, is not included by the payee in its taxable base, the Member State of the taxpayer shall deny the deduction of the payment by the taxpayer to an associated enterprise in a third country from the taxable base, unless one of the third countries involved has already denied the deduction of the non-included payment. The burden of proof of this denial shall be on the taxpayer.
Amendment 388 #
Proposal for a directive
Article 61a – paragraph 1
Article 61a – paragraph 1
To the extent that a payment, expenses or losses of a taxpayer who is resident for tax purposes in both a Member State and a third country, in accordance with the laws of that Member State and that third country, are deductible from the taxable base in both jurisdictions and that payment, those expenses or losses can be set-off in the Member State of the taxpayer against taxable income that is not included in the third country, the Member State of the taxpayer shall deny the deduction of the payment, expenses or losses, unless the third country has already done so. The burden of proof of this denial shall be on the taxpayer.