2024-03-14-KPMG_s_EU_Tax_Centre-E-News_from_the_EU_Tax_Centre_14页_535kb

1 EU Institutions Insights

1.1 CJEU (Court of Justice of the European Union)

• AG Opinion on DAC6 Validity: Advocate General Emiliou issued an Opinion (Case C-623/22) recommending the CJEU to uphold the validity of DAC6, deeming its key concepts "reasonably clear" and not incompatible with fundamental rights. The Opinion also advocates for a narrow interpretation of professional privilege waiver in DAC6, limited to lawyers.
• Appeal on EU Minimum Tax Directive (2-24 P): C-146/24 P case challenges the earlier General Court dismissal on the ground that the applicant lacked standing. The case involves interactions between shipping income exclusions and national tonnage tax regimes under the EU MTD.

1.2 European Parliament

• Opinion on Transfer Pricing (TP) Directive: ECON Committee supports the proposed directive but suggests amendments regarding dynamic alignment with OECD TP Guidelines, clarification on avoiding double non-taxation through unilateral downward adjustments, and an earlier application date (start Jan 1, 2025, transposition Dec 31, 2024) with a possible sunset after 2035.
• Opinion on Faster and Safer Relief (FASTER): Parliament supports the directive but calls for a three-working-day issuance period for eTRC; two-month registration of financial intermediaries; risk-based checks for refunds; enhanced cooperation with authorities for combating illicit tax relief schemes.

1.3 OECD and Other International Institutions

• OECD Tax Report (2-29): Covers status updates on Pillar Two (GloBE and STTR coverage projections for 2024-25, unilateral top-up rules, developing multilateral convention) and Pillar One (Timeline for multilateral convention signing), as well as progress on BEPS minimum standards and Global Forum work.

2 Local Law and Regulations Updates

2.1 Estonia

• Implementation of EU CbCR Directive: Draft bill proposed simplification by publishing private CbCR reports received without imposing new reporting obligations, effective for financial years starting July 22, 2024.

2.2 Germany

• Permanent Establishment Guidance (05-25): Updated guidance clarifies PE creation by third parties and employee home-office work exceptions, confirming management location as a PE if management activities occur there.

2.3 Italy

• Energy Tax Credit (03-02): New Decree introduces tax credit for energy-saving investments (up to 45% for very high savings) for resident companies in qualifying tangible/intangible assets acquired in 2024/2025.

2.4 Latvia

• Domestic Low-Tax Jurisdictions List (28-25): List of low-tax jurisdictions updated due to EU grey list assessment, removing certain countries like Bahamas and adding others.

2.5 Malta

• Minimum Tax Implementation Guidance (27-25): Guidance outlines deferral of IIR/UTPR until six years from Dec 31, 2023; partial implementation; obligation for companies to designate a filing entity.

2.6 Namibia

• Budget Tax Measures (28-25): Proposed reductions in corporate income tax rate for SMEs (to 20%) and other sectors; introduction of a 30% interest deduction limit; special economic zone benefits.

2.7 United Kingdom

• Finance Act 2024 Implementations (22-24): Amended Pillar Two rules temporarily; merged R&D tax credits regime; made full expensing permanent; broadened scope of tonnage tax elections.

3 Local Courts

3.1 Czechia

• CBeneficial Ownership Ruling: Supreme Administrative Court held that a UK company receiving payments was not the beneficial owner of royalties if it was not independent in managing the funds.