2023-12-20-KPMG_s_EU_Tax_Centre-E-News_from_the_EU_Tax_Centre_17页_801kb

报告摘要

Latest EU & International Tax Developments

Luxembourg Intra-Group Agreements/Financing: Annulled EC decisions due to flawed selectivity analysis in State aid cases.
Belgian 'Fairness Tax': The tax on non-residents with Belgian PEs is incompatible with the freedom of establishment; disapplying it creates disparity. The CJEU is asked if this restricts freedom of establishment.

Council of the EU (Minimum Tax Directive):
- EU Minimum Tax Directive effective Jan 1, 2023. Requires MNEs with 10+ EU PEs to submit CbCR reports (due March 31, 2024). Some countries are deferring Pillar Two rules.
- Generally, IIR applies FY starting Dec 31, 2023; UTPR applies from Dec 31, 2024 onwards.
European Parliament:
- Calls for reduced compliance burden, coordinated tax incentives, BEFIT discussion (one-stop-shop, potential Pillar Two interaction), continued negotiations for Unshell and FASTER.

Issued 3rd tranche of Administrative Guidance (Pillar Two) covering QFS, CbCR safe harbours, definitions, etc.
Working to finalize MLC for Pillar One by March 2024.
Peer reviews confirm strong progress on TIN exchange standard (AEOI).
OECD Revenue Statistics 2023 show volatility in tax-to-GDP ratios. Publishes report warning against dividend stripping schemes.

Belgium:
- New CFC rules (option A) effective 2024, taxing low-taxed passive income for entities with significant EU presence (excluding financial sector exceptions). Introduces 'intermediate arrangement' to CFC definition amendment for 'Cayman Tax'.
Netherlands:
- Public CbCR reporting legislation passed; companies with high EU turnover must submit reports; delayed reporting allowed (safe harbour provision).
Saudi Arabia: 30-year zero tax relief for companies establishing regional headquarters.
Spain: Draft DAC6 forms for digital platform operators expected to be approved and enforced by Jan 1, 2024.
Zimbabwe: 2024 budget proposes: CIT rate increase (24% → 25%), minimum top-up tax from 2024, special capital gains tax for mining interests from Jan 1, 2024.

France (CbCR Equity Recharacterization): Default interest deduction allowed for Luxembourg interest-free loan; foreign tax credit limited by expenses.
Luxembourg (Arm's Length Loan): Recharacterization not justified; interest accrual required under arm's length principle.

New information risk on dividend stripping techniques.
Recent KPMG EU Tax Perspectives focused on BEPS developments, Pillar One/Two, EU harmonization initiatives, and forward outlook.
KPMG Talking Tax series provides rapid insights on key tax topics.