2024-08-07-KPMG_s_EU_Tax_Centre-E-News_from_KPMG_s_EU_Tax_Centre_26页_917kb

报告摘要

E-News Summary: KPMG's EU Tax Centre Issue 199

Core Content Overview

This edition of KPMG's EU Tax Centre e-news highlights recent developments in EU and international tax law, including key decisions from the Court of Justice of the European Union (CJEU), infringement procedures, and updates from EU institutions, the OECD, and the United Nations. The focus areas include the validity of DAC6, tax exemptions for investment funds, compliance obligations, and international tax cooperation frameworks.

Key Insights

1. CJEU Decisions

DAC6 Validity and Notification Obligations:
The CJEU confirmed the validity of DAC6 (Council Directive 2018/822) and ruled that notification obligations under DAC6 apply only to legal professionals as defined in the Directive. Non-lawyers are not subject to these obligations, which was clarified in the context of a previous ruling (C-694/20).
- The Court emphasized that the Directive does not infringe on the Charter of Fundamental Rights.
- The CJEU's decision is limited to legal professionals and does not extend to other authorized professionals.
Polish Tax Exemption for UCITS:
The Advocate General (AG) Kokott issued an opinion in case C-18/23, addressing whether a Polish tax exemption for externally managed UCITS violates the free movement of capital.
- The AG concluded that the Polish rules do not constitute direct or indirect discrimination.
- The AG emphasized that the distinction between internally and externally managed funds is justified by investor protection and does not systematically favor national funds.
- The opinion is not binding, and the final ruling will be determined by the CJEU.

2. Infringement Procedures and CJEU Referrals

Hungary:
The European Commission sent an additional letter of formal notice to Hungary for failing to transpose the Anti-Money Laundering Directive (AMLD) correctly, specifically for not including private equity funds in the National Beneficial Ownership Register.
Netherlands:
The Commission sent a letter of formal notice to the Netherlands for not extending its tax levy reduction scheme to foreign investment funds, which is seen as a restriction on the free movement of capital.
Belgium:
Belgium was referred to the CJEU for maintaining discriminatory conditions in the tax exemption of remuneration from savings deposits.
- The Belgian regime only benefits savings deposits in domestic credit institutions, effectively excluding foreign deposits.
- The CJEU previously ruled on this issue in case C-34/22, and the Commission now seeks a definitive ruling.

3. EU Institutions

European Commission:
- Launched a public consultation on the Anti-Tax Avoidance Directive (ATAD) to evaluate its implementation and effectiveness.
  - The consultation focuses on three areas: implementation, functioning, and future-proofing.
- Opened a public consultation on the common template and electronic reporting forms for EU public country-by-country (CbyC) reports.
  - KPMG submitted comments advocating for streamlining DAC reporting, reducing compliance burdens, and improving the effectiveness of the system.
Council of the EU:
- ECOFIN approved the EU's position for the second substantive session of the UN Ad Hoc Tax Committee, which is working on a framework convention for international tax cooperation.
  - The EU supports a consensus-based decision-making process and prioritizes technical analysis over immediate action measures.
European Parliament:
- The FISC Subcommittee (Subcommittee on Tax Matters) held its constitutive meeting and outlined its priorities, including:
  - Creating a fairer taxation system while combating tax evasion.
  - Addressing unfair tax burdens.
  - Combating organized tax fraud, such as VAT carousel fraud.
  - Balancing taxation of labor, capital, and other income sources in light of AI developments.

4. International Organisations

OECD:
- Published the Secretary-General Tax Report to G20 Finance Ministers and Central Bank Governors, covering:
  - Progress on Pillar Two (40+ jurisdictions have implemented or plan to implement the global minimum tax).
  - Updates on the Subject-to-Tax Rule (STTR) and the Multilateral Convention (expected signing ceremony on September 19, 2024).
  - Status of BEPS initiatives including Harmful Tax Practices, Tax Treaty Abuse, and Country-by-Country Reporting.
  - Reports on tax transparency, beneficial ownership, and crypto-assets.
- Released the Selection Documentation Package for the International Compliance Assurance Programme (ICAP), which includes:
  - Submission checklist.
  - Multinational group information form.
  - MNE covered risk overview.
  - Template for APAs and tax rulings.
United Nations:
- Published a revised draft terms of reference for a framework convention on international tax cooperation.
  - The revised draft does not introduce major changes compared to the zero draft.
  - It will serve as the basis for the second session of the Ad Hoc Tax Committee (July 29 to August 16, 2024).

5. Local Law and Regulations

Austria:
- Amendments to the Pillar Two bill and loss carryforward rules were published in the Austrian Official Journal.
- The EU Public Country-by-Country Reporting Directive was transposed into local law.
France:
- The French Government restricted access to the beneficial ownership register.
Greece:
- Enacted a solidarity contribution on profits of energy and mining companies.
Hungary:
- Increased the financial transaction tax.
Lithuania:
- Enacted changes in corporate income tax rates.
Luxembourg:
- Presented a new tax relief package.
Netherlands:
- Published its first interpretation on the Supreme Court's Box 3 cases.
Nigeria:
- Imposed a windfall tax on foreign exchange transaction gains of banks.
Norway:
- Proposed changes to reporting requirements for digital platforms.
Turkey:
- Submitted a Pillar Two draft bill to Parliament.
UAE:
- Issued clarifications on the future implementation of a framework for advance pricing agreements (APAs).
United Kingdom:
- Draft amendments to the Pillar Two legislation were published.
- HMRC launched a webpage to help businesses prepare for compliance with GloBE rules.

6. Local Courts

Czechia:
- The Supreme Administrative Court ruled that the statutory representative is liable for the corporation's tax arrears.
France:
- Addressed withholding tax on service fees paid to non-residents for non-genuine services.
Norway:
- The Supreme Court ruled that the Norwegian interest limitation rule violates the EEA Agreement.
Poland:
- The Supreme Court ruled that the obligation of tax advisors to report potentially aggressive tax schemes violates legal professional privilege.
UK:
- The Supreme Court dismissed an appeal on the deductibility of advisors' fees.
- A tribunal clarified the scope of 'imported loss' rule.