2023-06-22-KPMG_s_EU_Tax_Centre-Euro_Tax_Flash_from_KPMG_s_EU_Tax_Centre_4页_301kb

The European Parliament adopted a resolution on June 15, 2023, based on the Pandora Papers and other disclosures, focusing on lessons learned from tax evasion and avoidance. Key recommendations include accelerating rules for safe heaven (SAFE) initiatives, promoting company substance to prevent evasion, enhancing beneficial ownership data access, developing a coordinated withholding tax framework, strengthening the list of non-cooperative jurisdictions, and addressing high-net-worth individuals' taxation. Measures to improve enforcement against intermediaries and disclose cross-border arrangements were also emphasized. The resolution is non-binding but should be considered by the Commission and Member States for legislative actions.

The resolution calls for swift progress on pending files like the Unshell Directive and SAFE initiative, while urging enhancements to existing frameworks such as DAC6 and the EU list of non-cooperative jurisdictions. MEPs recommend creating a unified WHT framework to ensure proper taxation rates and prevent evasion, addressing new technologies like crypto-assets, and allowing protective unilateral measures by Member States. Access to accurate beneficial ownership information is highlighted as a key tool, with concerns raised about data limitations post-CJEU ruling.

In taxation areas, the Report advocates for legal certainty on cross-border workers and self-employed individuals, extending the Code of Conduct Group's mandate to harmful tax regimes, and leading efforts in the OECD/G20 Inclusive Framework to combat capital gains tax practices. It also prompts analysis of DAC6 weaknesses in handling diversion schemes such as citizenship/residency investment programs. This resolution seeks prevention-focused reforms to simplify corporate tax rules while handling implementation carefully.

The KPMG ETC comments that while the resolution is not binding, it must be taken into account, and not all proposals may lead to legislation. Evidence suggests MEPs remain focused on tax evasion despite considering other corporate reforms to reduce compliance burden.