Rasmus Andresen MEP (Greens/EFA, German) proposes to extend the scope of the ‘DAC 8’ Directive on administrative cooperation in tax matters, according to his report published on Wednesday 29 March.
This revision of the Directive, presented by the European Commission in December 2022 (see EUROPE 13080/19), is mainly aimed at including other areas such as crypto-assets and e-money in the scope of the EU Directive.
In addition to the income from ‘non-custodial’ dividends foreseen by the Commission, Mr Andresen suggests that Member States should also be required to exchange information on capital gains from immovable property, financial and luxurious assets stored in free ports, customs warehouses or safe deposit boxes.
This measure is intended to close certain loopholes that allow tax evasion and avoidance.
According to the rapporteur, the mandatory automatic exchange of information will be deemed complied with if such information can be consulted through national or interconnected registries by competent authorities.
European Taxpayer Identification Number. In its original text, the Commission stressed the importance of Member States requiring a Taxpayer Identification Number (TIN) and indicating it when exchanging information.
Mr Andresen wants to go further by advocating for the creation of a European TIN that would allow any authority to identify and register taxpayers quickly, easily and correctly. This European TIN could facilitate cross-border relations and serve as a basis for effective automatic exchange of information between Member States’ tax administrations.
The MEP also proposed to shorten the deadlines for the exchange of information between national tax administrations.
Finally, he wants Member States to consider and assess the compliance costs that may result from a possible under-declaration situation. Member States would thus have to report annually to the European Parliament and the Commission the results of their evaluation and a summary of these results would be made public, taking into account taxpayers’ rights and confidentiality rules.
In his explanatory memorandum, Mr Andresen says he is “particularly satisfied that our hard over the past few years on exchange of information is paying off”. He welcomed the fact that the European Parliament’s recommendations had been partially taken on board by the European Commission. “This showcases the growing and increasingly important role of the European Parliament in European tax legislation”, he commented.
Mr Andresen must now present his draft report to his colleagues, so that the European Parliament can adopt its position.
The European Tax Adviser Federation, on the other hand, wants to see the minimum penalties in the ‘DAC8’ directive removed (see EUROPE 13154/27).
To consult the draft report: https://aeur.eu/f/66e (Original version in French by Anne Damiani)