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Anti Tax Avoidance Package EU

Posted in: Information Topic, News Articles,
Author: Richelle de Wit
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An anti tax avoidance directive
The directive establishes a number of legally binding measures against aggressive tax planning. In particular, it aims to address situations where corporate groups take advantage of disparities between national tax systems in order to reduce their overall tax liability. For this purpose it provides for legal provisions against aggressive tax planning relating to:

interest limitation
exit taxation rules
controlled foreign company rules
general anti-abuse rule
rules on hybrid mismatches
It will also ensure that the OECD anti-BEPS measures are transposed in a coordinated manner, including by 7 EU member states that are not members of the OECD.

The Council adopted the anti-tax avoidance directive on 12 July 2016. It further adopted its amendment, introducing rules to tackle hybrid mismatches with the tax systems of countries outside the EU, on 29 May 2017.

The member states will have until 31 December 2018 to transpose it into their national laws and regulations, except for the exit taxation rules, for which they will have until 31 December 2019. The amended anti-tax avoidance directive which introduces the rules neutralising hybrid mismatches with third countries has to be implemented by 1 January 2020.

Further info from the EU Commission

HERE

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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