18 Amendments of Pedro MARQUES related to 2020/2046(INI)
Amendment 2 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU isconfronted with unfair or aggressive tax practices, such as the fact thatEuropean Union member states lose between EUR 160-190 billion per year as aresult of tax evasion and profit- shifting by individuals and multinationalcorporates; whereas this loss is of significant magnitude given the sanitary, social and economic crisis the Union is currently facing and struggling with; whereas EU taxpayers held EUR 1.5 trillion offshore in 2016, resulting in an average tax revenue loss of EUR 46 billion in the EU as a result of tax evasion by individuals12 ; _________________ 12European Commission, Directorate- General for Taxation and Customs Union, Taxation Papers, Working Paper No 76, ‘Estimating International Tax Evasion by Individuals’, September 2019, https://ec.europa.eu/taxation_customs/sites/ taxation/files/2019-taxation-papers-76.pdf
Amendment 5 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas tax scandals have pushed the EU to further develop its set of tools against tax evasion and tax avoidance, whereas one of its most powerful tool is an effective exchange of information between tax administration across the EU; whereas the OpenLux revelation have demonstrated the necessity for the exchange of tax information to be more qualitative and to deliver results;
Amendment 9 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the Commission has announced a further eighth revision of the DAC on crypto assets and e-money; whereas such a revision could be an opportunity to improve the framework for information exchange as a whole;
Amendment 21 #
Motion for a resolution
Recital B
Recital B
B. whereas the difficulties encountered in the Council in agreeing on the improvements put forward by the Commission demonstrates the need to move to a qualified majority in tax matters ; whereas national stand-alone approaches do not provide efficient answers to global tax issues; whereas international standards on tax exchange of information have been implemented at EU level; whereas some inconsistencies between the international and European standards remain, notably on deadline to communicate tax information; whereas a majority of countries release aggregated country-by-country reports information under Action 13 from the Base Erosion and Profit Shifting Action Plan;
Amendment 22 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Union signed agreements with third countries including Andorra, Liechtenstein, Monaco, San Marino and Switzerland to ensure DAC2 equivalent information would be shared with the Member States; whereas later version of the DAC have not been subject to similar agreements;
Amendment 26 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Amendment 30 #
Motion for a resolution
Recital C
Recital C
C. whereas it is in the responsibility of Parliament to exercise political scrutiny over the Commission, including its enforcement and implementation policy, and whereas this requires adequate access to relevant information; whereas for several DAC revisions the Council reached an agreement even before the EP could adopt its report for consultation;
Amendment 31 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the OECD created a global standard for the AEOI with its Common Reporting Standard (CRS) in 2014 and more than 100 jurisdictions worldwide have committed to AEOI of financial accounts as of 2021;
Amendment 39 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the economic crisis triggered by the COVID 19 pandemic required enormous fiscal and budgetary efforts by governments, including in the form of aid to companies; whereas, beneficiaries from such support must fulfil their social responsibilities such as cooperating adequately with tax authorities in order to guarantee a comprehensive exchange of tax information;
Amendment 53 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that exchange of information between tax administrations has significantly improved at both global and EU levels; recalls that DAC2, DAC3, DAC4, DAC6 and DAC7 are directly connected to work undertaken at OECD level; considers that the measures agreed at the global stage constitute a minimum standard for the EU;
Amendment 60 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes, however, that some types of income and assets are still excluded from the scope, which presents a risk of circumventing tax obligations; calls on the Commission to assess the need and the most appropriate way to include the following ownership information, items of income and non-financial assets in the automatic exchange of information (AEOI): (a) the beneficial owners of immovable property and companies; (b) capital gains related to immovable property and capital gains related to financial assets, including currency trading, in particular to find ways for tax administrations to be better informed to identify realised capital gains; (c) non- custodial dividend income; (d) non- financial assets such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes; and (e) ownership of yachts and private jets;
Amendment 70 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that DAC3 contains certain blind spots; therefore calls for the scope of EOI under DAC3 to be widened to include informal arrangements, post- transaction agreements, natural persons and rulings which are still valid, but which were issued, amended or renewed before 2012; ; regrets that DAC 3 information is not yet widely used by tax administrations of Member States and advises that a specific notification should be sent to the tax administrations where a company benefiting from a tax ruling in the scope of DAC 3 has a taxable presence regrets that bilateral and multilateral APAs are excluded from the EOI under DAC3 where a related international tax agreement does not allow for their disclosure; calls on Member States to reject any future international tax agreement which do not permit the disclosure of APAs;
Amendment 73 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes that a large number of countries, including many Member States, are releasing anonymised and aggregated information, extracted from the country- by-country reports as required under DAC4 or Action 13 from the BEPS Action Plan ; regrets that a minority of Member States are not publishing this information in international databases; calls for a harmonised approach on this regards and demands the Commission to integrate this requirement into the future revision of the DAC;
Amendment 79 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Welcomes the agreements similar to Directive 2014/107/EU on automatic exchange of financial account information with third countries i.e. Andorra, Liechtenstein, Monaco, San Marino and Switzerland; calls for an evaluation of the implementation of such agreement and calls therefore for evaluation, given the existing CRS agreement. Additionally, calls for similar agreements for DAC 3 and DAC 5 and 6 7;
Amendment 125 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that one Member State, Malta, has received an overall ‘partially compliant’ score in the peer review by the Global Forum for EOIR; regrets the fact that material deficiencies have been identified in 18 Member States15 ; expects the Commission to deploy all legal and non legal tools to ensure legislation is being qualitatively implemented, with no further delay; _________________ 15 https://www.europarl.europa.eu/RegData/et udes/STUD/2021/662603/EPRS_STU(202 1)662603_EN.pdf
Amendment 137 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes the recent provisions of the seventh DAC revision on joint audit; recalls that for such opportunity, as well as for simultaneous controls, to deliver results, essential training in foreign tax legislation, language, specialization, interpersonal skills is necessary for employees of tax authorities; recalls, in this regards, that the FISCALIS program must not only focus on financing IT infrastructures but also on personal training;
Amendment 158 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Deplores the side effects the Foreign Account Tax Compliance Act still has on so-called accidental Americans ;regrets that, to date, no lasting solution has been found at the European level;
Amendment 165 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Understands that the DAC has a dual effect: detecting fraud through information sharing and deterring it by making fraudsters more likely to be identified while not letting them go unpunished; recognizes it is more difficult to quantify such deterrent effect however invites the Commission to further considers such aspect of the DAC in its future evaluations;