2022-01-18-KPMG_Global-E-News_from_KPMG_s_EU_Tax_Centre_16页_286kb

Latest CJEU, EFTA and ECHR

• CJEU Judgment: Refusal to rule on tax administration practices related to corporate income tax audits and penalties in Hungary, as the case pertains to national implementation of non-harmonized tax rules, not EU law.
• EU Institutions:
  • Council: French presidency seeking EU agreement on OECD Pillar Two global minimum tax, BEPS 2.0 rules, next-generation EU own resources, and measures against shell entities/tax avoidance.
  • European Commission: Proposed directive for Pillar Two effective date, anti-shell entity directive ("ATAD 3"), public consultation on these, proposal for new EU own resources involving a share of Pillar One revenue, anti-money laundering measures via delegated acts.
  • European Parliament: FISC sub-committee discussed harmful tax practices, ATAD effectiveness, and DAC6.
• OECD & International Institutions: OECD approved Tunisia's AEOI commitment, Romania's MLI ratification noted. Canada received technical advice.
• Local Law & Regulations (Key Updates):
  • Belgium: Defensive measures against non-cooperative jurisdictions maintained; extended cross-border worker tax agreements; substance/allocation rules update.
  • Cyprus: Expanded residency rules for 'stateless' companies; introduced WHT on outbound payments to non-cooperative jurisdictions (effective 2023).
  • France: Reduced corporate income tax rate; withholding taxes calculated net; IRPP potential corporate option for entrepreneurs.
  • Germany: Published non-cooperative jurisdiction list; implemented defensive measures against payments to such jurisdictions (effective 2022).
  • Iceland: Broadened scope of tax consolidation ('parent company with foreign subsidiaries can consolidate with other Icelandic companies').
  • Italy: Clarifications on Italian DAC6 reporting, especially for TP adjustments related to controlled low-tax entities; simplified effective tax rate exemption determination.
  • Luxembourg/Morocco/Netherlands: Extended cross-border worker agreements. Morocco introduced new propotional corporate tax regime with lower marginal rates; Netherlands maintained low-tax jurisdiction list.
  • Nigeria: Full Country-by-Country filing obligation re-instated (from 2022); 2021 Finance Bill enacted expanding tax powers, minimum tax rate (0.25%) , and capital gains tax.
  • Spain: Introduced minimum corporate tax for certain companies (15%/18%/10%).
  • Sweden: Terminated tax treaties with Greece and Portugal, applying domestic law exchequer from Jan 1, 2022.
  • Switzerland: Proposed constitutional amendment to introduce a minimum tax (effective Jan 1, 2024).
  • UK: Launched public consultation on transposing OECD Pillar Two.
• Local Courts: Finnish court ruled in favor of a Luxembourg SICAV seeking a withholding tax refund based on its nature.
• KPMG Insights:
  • BEPS 2.0 implementation timeline and development of tax certainty frameworks (Amount A focus).
  • Restructuring - Tax & Legal considerations.
  • Impact of OECD BEPS 2.0 proposals in the Middle East.
  • KPMG Environmental Tax & Reporting Center.
  • KPMG EU Green Deal related materials.