1 Amendments of Sven GIEGOLD related to 2011/0314(CNS)
Amendment 15 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Interest or royalty payments arising in a Member State shall be exempt from any taxes imposed on those payments in that Member State, whether by deduction at source or by assessment, provided that the beneficial owner of the interest or royalties is a company of another Member State or a permanent establishment situated in another Member State of a company of a Member State and is effectively subject to tax on the income deriving from those payments in that other Member State at a rate not lower than 70% of the average statutory corporate tax rate applicable in the Member States. Interest or royalty payments shall not be exempted in the Member State in which they arise if the payment is not taxable according to the national tax law to which the beneficial owner is subject to due to a different qualification of the payment (hybrid instruments) or a different qualification of the payer and recipient (hybrid entities).