Proposed New Framework For Business Taxation In The European Union – Tax – European Union – Mondaq News Alerts
To print this article, all you need is to be registered or login on Mondaq.com.
On 18 May 2021, the European Commission adopted a Communication on Business Taxation1for the 21st century which takes account of the G20 / OECDdiscussions on global tax reform and sets out both a short term anda long term vision to support the EU's recovery from theCOVID-19 pandemic. There are three key strands to thisCommunication:
Firstly, by 2023, the Commission will present a new frameworkfor business taxation in the EU. The BEFIT aims to:
BEFIT will replace the long pending but never agreed EU proposalfor a Common Consolidated Corporate Tax Base (CCCTB) across the EU.It will be based on the key features of a common tax base and theallocation of profits between EU Member States based on a formula(formulary apportionment).
The Commission notes that "common rules for determiningthe corporate tax base will deliver substantial simplification forgroups of companies operating in the Single Market. Instead ofhaving to comply with up to 27 different sets of corporate taxrules, a group will be able to determine its tax liability in eachEU Member State according to one single set of rules. This willalso pave the way for even further administrative simplifications,such as the possibility of a single EU corporate tax return for agroup".
BEFIT will consolidate the profits of the EU members of amultinational group into a single tax base, which will then beallocated to Member States using a formula, to be taxed at nationalcorporate income tax rates.
Secondly, the Communication also defines a tax agenda for thenext two years, with measures that promote productive investmentand entrepreneurship, better safeguard national revenues, andsupport the green and digital transitions. This builds on the July2020 EU Tax Action Plan. Measures will include:
Thirdly, the Commission has adopted a non-binding Recommendationon the domestic treatment of losses. It encourages EU Member Statesto allow loss carry back for businesses to at least the previousfiscal year due to the pandemic. This will benefit businesses thatwere profitable in the years before COVID-19, allowing them tooffset their 2020 and 2021 losses against the taxes they paidbefore 2020. EU Member States are asked to inform the Commissionabout the measures it implements based on this recommendation.
Following on from the above, on 20 May 2021 the Commissionadopted an inception impact assessmentroadmap2 for an EU Council Directive to fightbusiness tax avoidance arising from the use of so called 'shellcompanies' and arrangements for tax purposes.
The Commission states that although the EU has taken severalactions to address abusive tax arrangements, the use of shellcompanies (entities with little or no economic substance, incross-border arrangements for purposes of avoiding taxes) continuesto be an issue.
The Commission noted that there are existing measures addressingthe substance of legal entities in the context of certainpreferential tax regimes, however there are no legislative measuresdefining substance requirements for tax purposes within the EU.This roadmap aims to provide an EU legislative measure whichdefines substance requirements for tax purposes to be met byentities within the EU. This will focus on situations where theultimate objective is to minimise the overall tax of a group orstructure.
Under the roadmap, several policy options will be analysed forthe purpose of designing the legislative proposal, including:
The roadmap acknowledges the potential risk that multinationalswould relocate shell companies to non-EU 'third countries',but states that this negative impact would be offset by thebenefits of a standardised common assessment of substance for taxpurposes.
This roadmap is open for feedback until 17 June 2021. It willsupport the preparation and inform the Commission's decision ofthis proposal. A public consultation will be launched in June 2021.The Commission is planning to adopt a Directive in last quarter of2021.
In addition to the corporate tax reforms set out in theCommunication, the Commission is to publish measures to ensure fairtaxation in the digital economy shortly.
This is a detailed and far reaching set of proposals from theEuropean Commission which would affect businesses based in andinvesting into the EU. It comes on top of already significant newEU tax measures such as the ATAD which have been or are currentlybeing implemented across the EU. It will be important that proposedmeasures in this initiative such as the DEBRA are carefullyconsidered by all stakeholders as it is similar to and would comein alongside the new EU 'interest limitation' rules whichare, and will continue to be, a very significant and complex taxchange for companies doing business in the EU.
The initiative as regards companies which do not have'substance' will also need to be carefully considered toensure that this is consistent with existing EU law, such as the'freedom of establishment' and 'free movement ofcapital' and European Court of Justice case such as the CadburySchweppes case (Case C-196/043), and also evolvingOECD and international tax principles such as the business'principal purpose test'. It should recognise thelegitimate use of holding companies in international groups andthat certain sectors, such as securitisation companies set upacross the EU, will outsource their business requirements toinvestment managers and service providers rather than employstaff.
We will be part of industry groups involved in the publicconsultations on the Communication and please let us know if we candiscuss any matters in that regard.
Footnotes
1 Future-proof taxation - Commission proposes new,ambitious business tax agenda
2 Tax avoidance - fighting the use of shell entitiesand arrangements for tax purposes
3 Case C-196/04 - Cadbury Schweppes plc and CadburySchweppes Overseas Ltd v Commissioners of InlandRevenue
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
POPULAR ARTICLES ON: Tax from European Union
Arendt & Medernach
On 18 May 2021, the EU Commission published a Communication on Business Taxation for the 21st century ("the Communication"). The Communication sets out both a long-term and a short-term vision...
Loggerhead Partners
The UAE has long been considered an attractive destination in which to work, live or set up a business. One of the primary reasons for this is the well-known statement that the UAE is tax free'.
Elias Neocleous & Co LLC
A newsletter has been issued by the Tax Department on the new VAT rules relating to cross-border e-commerce (business-to-consumer B2C). The rules will enter into force from the 01st of July 2021.
Go here to see the original:
Proposed New Framework For Business Taxation In The European Union - Tax - European Union - Mondaq News Alerts
- European Union Strengthens Partnership with Solomon Islands on Sustainable Development and Global Gateway - EEAS - June 7th, 2026 [June 7th, 2026]
- China expands its spy networks across the European Union and beyond - EL PAS English - June 7th, 2026 [June 7th, 2026]
- Zimbabwe, the European Union and the African Union deepen cooperation on energy efficiency - EEAS - June 7th, 2026 [June 7th, 2026]
- Trump Aims New Tariffs at 59 Countries and the European Union - The New York Times - June 7th, 2026 [June 7th, 2026]
- European Union launches tech sovereignty initiative to boost chips, cloud and AI at home - AP News - June 7th, 2026 [June 7th, 2026]
- European Union Protein Extraction Buffer Kits - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - June 7th, 2026 [June 7th, 2026]
- European Union HEPA Filtration Cartridges - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - June 7th, 2026 [June 7th, 2026]
- Impasse in European Union Tobacco Tax Reform: The Swedish veto - EU Reporter - June 7th, 2026 [June 7th, 2026]
- European Union Embraces Sustainable Tourism And Resilient Economic Recovery Trends: All You Need To Know - Travel And Tour World - June 7th, 2026 [June 7th, 2026]
- European Union Expands Sanctions Targeting Iran Over Its Strait Of Hormuz Stance - Marine Insight - May 25th, 2026 [May 25th, 2026]
- European Union Launches New Travel-Friendly Visa Cascade Policy Offering Thai Nationals Graduated Access to Long-Term Schengen Visas Based on... - May 25th, 2026 [May 25th, 2026]
- European Union Fish Food Kit - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 25th, 2026 [May 25th, 2026]
- 9th Interface Meeting between the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the European Union - ASEAN Main Portal - May 25th, 2026 [May 25th, 2026]
- IMF Says European Union's Public Debt to Be on Unsustainable Path without Action - - May 25th, 2026 [May 25th, 2026]
- European Commission grants marketing authorization to Pharmings Joenja (leniolisib) the first approved treatment for APDS in the European Union -... - May 25th, 2026 [May 25th, 2026]
- European Union Approves 21 Million Military Support Package for Albania - Albanian Daily News - May 25th, 2026 [May 25th, 2026]
- Mexico and the European Union tighten their alliance in the face of Trump-era risks - EL PAS English - May 22nd, 2026 [May 22nd, 2026]
- Germany's proposal for Ukraine's associate membership of the European Union - www.lvivherald.com - May 22nd, 2026 [May 22nd, 2026]
- A new strategy to contain stablecoin risks in the European Union - Bruegel - May 20th, 2026 [May 20th, 2026]
- The European Union has no choice but to fight for its free trade policies in a hostile world - The Parliament Magazine - May 20th, 2026 [May 20th, 2026]
- PAPAL AUDIENCE & PRESS CONFERENCE | Pope Leo XIV and COMECE Presidency to discuss EUs future and global challenges. Press conference to follow -... - May 20th, 2026 [May 20th, 2026]
- Over 100 Christian organisations call on Europe to lead with courage on climate and energy transition - The Catholic Church in the European Union - May 20th, 2026 [May 20th, 2026]
- The European Union mission deploys 50 long-term observers to follow the presidential run-off in Peru - EEAS - May 20th, 2026 [May 20th, 2026]
- Europe Day 2026: Celebrating the Partnership between the European Union and the Republic of the Congo - EEAS - May 20th, 2026 [May 20th, 2026]
- Moldova, France and the European Union strengthen their cooperation for sustainable and climate-resilient agriculture. - AFD - Agence Franaise de... - May 20th, 2026 [May 20th, 2026]
- Von der Leyen wanted to manage all the money of the European Union - - - May 20th, 2026 [May 20th, 2026]
- International Day Against Homophobia, Biphobia and Transphobia: Statement by the High Representative on behalf of the European Union 2026 - EU... - May 20th, 2026 [May 20th, 2026]
- Inforegio - Commission proposes 144 million from the European Union Solidarity Fund to help Spain, Romania, and Cyprus recover from climate disasters... - May 20th, 2026 [May 20th, 2026]
- Tur calls for preparing for war because "the European Union will not surrender to the mercy of the union of t - - May 20th, 2026 [May 20th, 2026]
- European Union Dental Treats - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 20th, 2026 [May 20th, 2026]
- Bulgaria is unlikely to become Putins new proxy within the European Union - Atlantic Council - May 16th, 2026 [May 16th, 2026]
- Challenges to the integration of the Western Balkans into European Union supply chains - Bruegel - May 16th, 2026 [May 16th, 2026]
- European Union Programmable Bread Toaster - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- Opening Speech by European Union Ambassador to China Mr Jorge Toledo at the 2nd EU-China Conference: navigating beyond the inflection point - EEAS - May 16th, 2026 [May 16th, 2026]
- European Union Waterproof Kids Rain Jacket - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union Whisk Kit - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union Turmeric Curcumin - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union Luxury Weighted Blanket - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union takes decisive steps to ensure accountability for Russia's war of aggression against Ukraine - PubAffairs Bruxelles - May 16th, 2026 [May 16th, 2026]
- From 2028, dogs and cats entering the European Union will need prior identification, and the rule could change how millions of pets cross borders -... - May 16th, 2026 [May 16th, 2026]
- Speech by Ambassador-Designate Aivo Orav, Head of the Delegation of The European Union to Trkiye, Delivered at Feriye on the Occasion of Europe Day on... - May 16th, 2026 [May 16th, 2026]
- European Union Anti Aging Face Moisturizer - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Commission replies to Ban on conversion practices in the European Union initiative - European Citizens' Initiative - May 16th, 2026 [May 16th, 2026]
- EUMAM MOZ Mission Force Commander Participates in Meeting Between the European Union and the Ministry of Foreign Affairs and Cooperation - EEAS - May 16th, 2026 [May 16th, 2026]
- Canada and the European Union: Growing Closer Without Merging - Policy Magazine - May 16th, 2026 [May 16th, 2026]
- European Union Hits Israeli Settlers With Sanctions - The New York Times - May 11th, 2026 [May 11th, 2026]
- European Union Pots and Pans Kit - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 11th, 2026 [May 11th, 2026]
- Canada and the European Union Are in Love. Where Can It Lead? - The New York Times - May 11th, 2026 [May 11th, 2026]
- European Union Hair Thickening Spray - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 11th, 2026 [May 11th, 2026]
- European Union Rolled Oats - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 11th, 2026 [May 11th, 2026]
- How the European Union-UNDP partnership is advancing risk-informed development - UNDP - May 7th, 2026 [May 7th, 2026]
- Trump says the European Union has until July 4 to approve last years trade deal or its goods will face higher tariffs - WKYC - May 7th, 2026 [May 7th, 2026]
- The European Union, France, Germany and Palestine Launch the TAJDID Project to Strengthen Water, Sanitation and Agricultural Reuse in Jenin West -... - May 7th, 2026 [May 7th, 2026]
- Africa CDC, ASLM and the European Union Launch One Health Laboratory Initiative to Strengthen AMR Control in Africa - Africa CDC - May 7th, 2026 [May 7th, 2026]
- Trump says the European Union has until July 4 to approve last years trade deal or its goods will face higher tariffs - Ottumwa Courier - May 7th, 2026 [May 7th, 2026]
- The European Union in the New Trade Disorder - CSIS | Center for Strategic and International Studies - May 7th, 2026 [May 7th, 2026]
- Should Canada be allowed to join the European Union? - YouGov - May 7th, 2026 [May 7th, 2026]
- European Union support strengthens life-saving assistance and protection for forcibly displaced populations in West and Central Africa - UNHCR - The... - May 7th, 2026 [May 7th, 2026]
- DOCUMENT | COMECE Reflection Paper addresses mental health challenges in Europe - The Catholic Church in the European Union - May 7th, 2026 [May 7th, 2026]
- Are the Values of the European Union Those of Wokeism? - Hungarian Conservative - May 7th, 2026 [May 7th, 2026]
- Trump's call for European Union car tariffs could mean higher prices on these brands - USA Today - May 7th, 2026 [May 7th, 2026]
- European Union Festival 2026 Europe Day in Tashkent - EEAS - April 27th, 2026 [April 27th, 2026]
- NATO and the European Union call for more sustained, coordinated support to Ukraine at joint meeting - North Atlantic Treaty Organization - April 27th, 2026 [April 27th, 2026]
- Indo-Pacific: How the European Union is expanding its strategic alliances - Table.Briefings - April 27th, 2026 [April 27th, 2026]
- Slovakia reviews its relations with the European Union: "Brussels prefers Ukraine over its members." - - April 27th, 2026 [April 27th, 2026]
- The brazen European Union lost the war declared by China before it had time to start - EADaily - April 27th, 2026 [April 27th, 2026]
- Stavros Lambrinidis European Union Ambassador to the United Nations Addresses UN General Assembly Meeting on the Use of the Veto and Maritime... - April 19th, 2026 [April 19th, 2026]
- European Union support for the UN more vital than ever, Security Council hears - Unric - April 19th, 2026 [April 19th, 2026]
- Key trends and drivers in greenhouse gas emissions in the European Union - European Environment Agency (EEA) - April 19th, 2026 [April 19th, 2026]
- Pressure mounts on European Union to suspend trade deal with Israel - PressTV - April 19th, 2026 [April 19th, 2026]
- European Union Umbilical Vessel Catheters Market 2026 Analysis and Forecast to 2035 - IndexBox - April 19th, 2026 [April 19th, 2026]
- Orban Loss May Ease Hungarys Tensions with European Union - The New York Times - April 14th, 2026 [April 14th, 2026]
- Statement by President von der Leyen on the impact of the situation in the Middle East on the European Union - European Commission - April 14th, 2026 [April 14th, 2026]
- Europe should fill the diplomatic vacuum on Iran - European Union Institute for Security Studies | - April 14th, 2026 [April 14th, 2026]
- European Union support for the UN more vital than ever, Security Council hears - Welcome to the United Nations - April 14th, 2026 [April 14th, 2026]
- Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com European Union support for... - April 14th, 2026 [April 14th, 2026]
- The Dirty Triangle: Netanyahu, Orbn, and the European Union - TheWire.in - April 14th, 2026 [April 14th, 2026]
- Armenia and former Soviet Republics to Choose between European Union and EAEU/Eurasia Union - Pressenza - International Press Agency - April 12th, 2026 [April 12th, 2026]
- United States Joins Australia And European Union Countries in Facing Stranding Issues Due to UKs New Electronic Travel Authorisation (ETA) Rules -... - April 12th, 2026 [April 12th, 2026]
- Nearly 60% of Canadians support becoming a full member of the European Union, poll says - The Globe and Mail - April 12th, 2026 [April 12th, 2026]