2021-08-31-KPMG-E-News_from_KPMG_s_EU_Tax_Centre_14页_248kb

报告摘要

Airline Tax Deferral Case: EU General Court upheld Commission's State Aid approval for a French tax deferral on airlines, allowing appeal on non-discrimination principles.
Belgium Share Reversal Case: CJEU referred on rules for taxing share write-downs upon company relocation within Belgium, questioning freedom of establishment and tax neutrality.

Belgium Share Reversal: Supreme Court referred to CJEU regarding tax treatment of pre-transfer write-downs when a company moves its registered office to Belgium, highlighting inconsistencies with tax loss carry-forward and freedom of establishment rules.

European Commission Actions:
- Clarified BEFIT and BEPS 2.0 Pillar Two implementation, emphasizing coordination over national measures.
- Confirmed EU digital levy is on hold pending international agreements.
- Strengthened fight against aggressive tax planning, citing errors in General Court judgments for Luxembourg rulings, noting recovery of unlawful aid; future initiatives include shell company bans and public tax disclosure.
- Estimated EUR 50-70 billion annual tax revenue loss from avoidance, committed to using State Aid enforcement as a tool.

OECD Updates:
- Released Corporate Tax Statistics report, showing declining statutory rates and key regional variations; Pillar Two seen as crucial for tax competition reduction.
- Published working paper on R&D tax incentives' impact and stage two BEPS Action 14 peer reviews for countries like Argentina and Chile, focusing on MLI ratifications.
- Updated transfer pricing country profiles, including new entries for Angola, Romania, and Tunisia, addressing financial transactions and profit attribution.
- Concluded review of 25 tax regimes, noting repeals of harmful practices like Australia's offshore banking regime and commitments from others, with several still under review or harmful.
- Convention on Mutual Administrative Assistance signed by Maldives, Papua New Guinea, and Rwanda; Barbados joined OECD/G20 Inclusive Framework for digital economy tax reform.

Country Highlights:
- Cyprus: New XML schema for DAC6 mandatory disclosures, effective August 5.
- Czech Republic: Increased transfer pricing inspections, leading to significant tax revenue gains.
- Gibraltar: Corporate tax rate increase to 12.5%, effective from August 1, with partial application for straddling periods.
- India: Repealed retrospective taxation on indirect capital gains from foreign share transfers.
- Italy: Consultations on CFC regulations; guidance issued on tax credit incentives for new asset investments.
- Kenya: Joined CRS automatic exchange agreement, effective from September 2022.
- Luxembourg: Updated guidance on interest deduction limits; extended equity escape clause applications.
- Mauritius: Finance bill changes include removal of export certificate requirement and earlier partial exemption start dates.
- Poland: Proposed "Polish Deal" reforms easing tax capital group conditions, introducing holding company rules, and targeted innovation tax reliefs.
- Spain: Updated CFC and exit tax rules to comply with ATAD 1, with retrospective application from 2021; redefined non-cooperative jurisdictions.
- UAE: Welcomed OECD Inclusive Framework agreement, supporting global tax reform; nation is 133rd IF member.
- UK: Published draft Finance Bill 2022 measures, including uncertain tax treatment notifications, hybrid mismatch rule changes, and anti-avoidance promoter powers.

Pillar 1 and 2: KPMG regional webcast analyzing implementation implications for multinational businesses.
Tax Transparency Reporting: Service to enhance ESG tax practices, including KPMG Tax Impact Reporting for stakeholder communication.
Defensive Measures Against Non-Cooperative Jurisdictions: Overview of EU/EEA and UK rules for dealing with uncooperative tax havens, based on Code of Conduct Group guidance.
Commission's Tax Agenda: Summarized "Business Taxation for the 21st Century" communication, focusing on BEPS 2.0 implementation.
Country-by-Country Reporting: Analysis of EU and OECD initiatives, balancing taxpayer confidentiality with transparency benefits.
Digitalized Economy Taxation: Overview of digital tax measures, including potential carbon border adjustment mechanism implications for businesses.
DAC6 Resources: Updates on MDR implementation across EU member states, available in KPMG summaries and reports.