The Council of the European Union has adopted the amendments to the Directive on parent-subsidiary companies that are aimed at the prevention of the tax avoidance and aggressive corporate tax planning.
The so-called “anti-abuse clause” will help to prevent future incidents of states granting tax benefits that are not “genuine”, but a result of a scheme, especially created to get such benefits.
This provision is formulated as a “de minimis” rule. This means that on the EU level are established the minimal unavoidable requirements, which can be further extended by a lot stricter national rules.
The parent-subsidiary directive (2011/96/EU) was adopted in order to prevent the double taxation of the revenue of transnational groups of companies. Thus, the revenue received by the mother company from her subsidiaries should be subject for taxation only in the country-place-of-registration of the head company.
The countries of the European Union have a certain day to perform the implementation of the provisions of the amended Directive in the national legislation – until the 31 December 2015.
Источник:
http://www.consilium.europa.eu/en/press/press-releases/2015/01/council-adopts-anti-abuse-clause/
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