23 Amendments of José Manuel GARCÍA-MARGALLO Y MARFIL related to 2022/2146(INI)
Amendment 18 #
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the statement of the Organisation for Economic Cooperation and Development (OECD)/G20 Inclusive Framework on Base Erosion and Profit Shifting (BEPS) entitled ‘Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy’, which had been joined and agreed to by 137 out of 141 members as of 4 November 2021
Amendment 33 #
Motion for a resolution
Recital B
Recital B
Amendment 40 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas as of the 4 November 2021, 137 out of 141 members of the OECD/G20 Inclusive Framework on BEPS, including all EU Member States, agreed on the reform of the international tax system through a two-pillar solution to address the challenges stemming from the digitalisation of the economy, including placing multilaterally agreed limitations on profit shifting;
Amendment 42 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. Whereas SMEs currently account for almost all European Union (EU-28) non-financial business sector enterprises (99.8%), two-thirds of total EU-28 employment (66.6%) and slightly less than three-fifths (56.8%) of the value added generated by the nonfinancial business sector according to the Commission’s report on Tax compliance costs for SMEs: An update and a complement of January 2022;
Amendment 71 #
Motion for a resolution
Recital F
Recital F
F. wWhereas tax policy fragmentation creates various obstacles for citizens and companies in the single market, particularly small and medium-sized enterprises (SMEs); including legal uncertainty, red tape, the risk of double taxation and difficulties claiming tax refunds whereas these obstacles discourage cross-border economic activity and can distort the single market;
Amendment 76 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas according to the Commission’s study of January 2022, companies are estimated to spend an annual total amount estimated around EUR 204 billion to comply with obligations related to CIT, VAT, wage related taxes and contributions, property and real estate taxes and local taxes;
Amendment 79 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. Whereas the average corporate income tax rate in the EU in 2022 was 21.2% according to the Commission;
Amendment 86 #
Motion for a resolution
Recital G
Recital G
G. wWhereas the debt-equity bias in corporate taxation allows for generous tax deductions on interest payments; whereas equity financing costs cannot be deducted in a similar manner. Whereas there is a structural disadvantage facing companies that rely on equity financing, in particular if they are young and small companies with poor access to credit;
Amendment 88 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas private companies play a fundamental role in society by being the main generators of employment. Through their business activity, these organisations create job opportunities for millions of people, which in turn drives the economic and social development of the communities in which they operate. By fostering competition and innovation, private enterprises promote efficiency in the allocation of resources, resulting in increased productivity and economic growth. Whereas, by generating employment, these enterprises provide people with the possibility of earning an income, improving their quality of life and meeting their basic needs. Private business activity also generates tax revenues for the state, which can be used to finance essential public services. Private enterprises, as the main generators of employment, play an essential role in the economic and social development of societies, promoting progress and improving people's quality of life;
Amendment 94 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the proposal for the Retail Investor Strategy was published by the European Commission on 24 May. Stresses that it is a unique opportunity to protect our SMEs, allowing them to be less dependent on bank credit and to have the capital and investment they need for their projects. Regrets that it has been published at the end of the legislature, putting at risk that it could be adopted this legislature;
Amendment 97 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. Whereas InvestEU is a European Union fund that supports sustainable investment, innovation and job creation in Europe with the aim of triggering investments. Regrets the low level of implementation where only five states have applied for the funds and is at 19% mobilisation. Encourages the Commission to make a proposal to speed up the arrival of funds to boost job creation;
Amendment 131 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. TRecognizes EU’s past actions against aggressive profit shifting in line with international developments at the level of the OECD/G20; takes note of the numerous tax directives since 2011 that have led to fairer, simpler and more effective corporate taxation in the EU, and to a high number of tax compliance obligations on companies within the EU21 ; _________________ 21 See notably the Anti-Tax Avoidance Directives (ATAD I and ATAD II), the amendments of the Directive on administrative cooperation in the field of taxation (DAC 1 to DAC 7), the revision of the Parent Subsidiary Directive, the EU Dispute Settlement Directive, the Public Country-by-Country Reporting Directive, or the Pillar Two Directive.
Amendment 137 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fact that the Member States have implemented and applied tax directives in a divergent manner, undermining the proper functioning of the single market and leading to misalignment in tax bases, more red tape and higher compliance costs; deplores, in this regard, the observation of the Commission of January 2022 that national tax systems, tax administrations and, in general, differences in the broader public administration of the countries do have an impact on the burden of compliance;
Amendment 141 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes note of the Council agreement of November 2022 on broadening the scope of the Code of Conduct on Business Taxation;; calls on the Code of Conduct Group on Business to Taxation to make full use of its revised mandate;
Amendment 163 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to present an overall evaluation of previous actions taken on corporate taxation since 2011 and to immediately ease the burden on businesses by invoking a regulatory moratorium and delaying those tax acts that would unnecessarily increase costs for businesses already under strain; calls on the Commission to carry out competitiveness checks for new legislative tax proposals, as requested by the European Council for all new proposals on 22 March 2023;
Amendment 169 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the REPowerEU Plan and its priorities and calls on Member States to integrate tax breaks measures and tax incentives to speed up the execution of funds, to achieve greater competitiveness and to help SMEs, companies and industry sector in achieving the objectives of this programme in their modified NRRPs as suggested by the Commission;
Amendment 199 #
12. Takes note of the two-pillar solution reached at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs; calls on the Commission to report back to Parliament on the success of the ratification process of the pillar 2 agreement in non-EU countries;
Amendment 201 #
12a. Takes note that Member States reached an agreement in principle on 12 December 2022 to implement at EU level the minimum taxation component, known as Pillar 2; takes note, in this regard, of its position of 19 May 2022 on minimum level of taxation for multinational groups; urges the Commission to present a legislative proposal on a definition of a maximum rate on the global profits of MNEs mirroring the pillar 2 agreement on a minimum rate;
Amendment 209 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that, in addition to coping with a volatile business environment and an increasing number of EU tax directives, companies are focusing their financial and human resources on applying the Pillar Two rules, further OECD guidance and further interpretations by individual Member States; ; calls on the Commission to give companies breathing space and enough time to prepare for the possible new BEFIT rules;
Amendment 237 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 265 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the idea of a one-stop- shop allowing for the filing of one consolidated tax return; calls o, in the Commission to introduce a one-stop-shop for the application of the BEFIT rules in a test phase and to incorporate it as a permanent feature of BEFIT if the test phase is successfulis regard, on Member States to step up their efforts in introducing electronic filing system that benefits the taxpayer; calls on the Commission to assess whether the One-Stop-Shop could potentially be tested for groups operating in the single market and applying the Pillar Two rules and as a follow-up to incorporate later the new BEFIT rules; welcomes in this regard the Commission communication of 16.3.2023 highlighting the usefulness of one-stop- shops for bringing down barriers;
Amendment 277 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes note of the Commission proposal of 11 May 2022 addressing the debt-equity bias; deplores the Council decision of 6 December 2022 to suspend the examination of the proposal; calls on the Council to relaunch negotiations on this proposal and adopt the Commission’s proposal with amendments as soon as possible ;
Amendment 287 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights that tax incentives applied in a fiscally responsible manner for private research and development (e.g. via tax credits, enhanced allowances or adjusted depreciation schedules) can help lift an economy’s overall spending towards research and development, which often comes with positive externalities; recalls that corporate spending on research and development was equal to 1.5 % of EU GDP in 2020, compared to 2.6 % in the US and Japan, according to the European Investment Bank’s 2022/2023 investment report; welcomes in this regard the Commission communication of 16 of March 2023 encouraging Member States to provide general tax-based incentives for research and innovation activities; calls on the Commission to present an assessment of tax incentives for private research and development;