Combating Tax Avoidance in the EU: Harmonization and Cooperation in Direct Taxation

About this book:
Combating Tax Avoidance in the EU is the first and only book to provide a complete detailed analysis of the Anti-Tax Avoidance Package jointly with other recent and ongoing European actions taken in direct taxation. Following each Member State’s need to rebuild a strong and stable economy after the 2007 financial crisis, the European Union (EU) has developed a robust new transparency framework with binding anti-abuse measures and stronger instruments to challenge external threats of base erosion. This book makes clear that taxation has come to the centre of the EU political debate, and that the importance given to tax harmonization and the speed at which it is taking place will put EU Tax rules at the very core of all tax systems.

What’s in this book:
With contributions from both prominent tax academics and Spanish delegates to the European meetings where the EU tax rules are debated and promulgated, the book covers such issues and topics as the following:

• the development of the EU Strategy towards Aggressive Tax Planning;
• the recent tax-related jurisprudence of the European Court of Justice;
• the Anti-Tax Avoidance Directive;
• tax treaties and non-tax treaties with tax consequences both between the Member States and between the Member States and third countries;
• code of conduct for business taxation;
• automatic exchange of information;
• country-by-country reporting;
• arbitration in tax matters;
• external strategy for effective taxation regarding non-EU countries;
• competition and state aid developments in direct taxation;
• the Common Consolidated Tax Base; and
• digital significant presence and permanent establishment.

How this will help you:
As the EU pursues its ambitious tax agenda, taxation’s contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever-clearer focus. In addition to its insights into these trends, the book’s unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes and other features of the current international tax landscape. The internal and purposive view of the rules will help readers interpret and match the resulting rules and the directives’ preliminary approaches.

Editors

Contributors

Foreword

Preface

CHAPTER 1
BEPS, ATAP and the New Tax Dialogue: A Transatlantic Competition?
Reuven Avi-Yonah & Gianluca Mazzoni

PART I
European Construction, Competences in Tax Matters and the
Development of Anti-avoidance Rules

CHAPTER 2
The European Union, the State Competence in Tax Matters and Abuse of the EU Freedoms
Gloria Marín Benítez

CHAPTER 3
The Role of Negative Harmonization in the European Tax Arena: Special Reference to the Cross-Border Loss Relief Regime
Andrés Sánchez López, Paula Benéitez Régil & Diego Arribas Plaza

CHAPTER 4
The BEPS Project in the European Union: Working Up the ATAP Package
Roberta Poza

PART II
Council Directive (EU) 2016/1164 of 12 July 2016 Laying Down Rules Against Tax Avoidance Practices That Directly Affect the Functioning of the Internal Market

CHAPTER 5
The Scope of the Directive and the Principle of Subsidiarity
Cristino Fayos

CHAPTER 6
The General Anti-abuse Rule of the Anti-tax Avoidance Directive
Andrés Báez Moreno & Juan José Zornoza Pérez

CHAPTER 7
Interest Limitation Rule
Beatriz Parejo

CHAPTER 8
Harmonization of Controlled Foreign Corporation Rules in the European Union: The Spanish Perspective
José Manuel Almudí Cid

CHAPTER 9
Hybrid Mismatch Arrangements
Silvia López Ribas

CHAPTER 10
Exit Taxes: One Size Should Not Fit All
Pablo A. Hernández González-Barreda

CHAPTER 11
The Switch-Over Clause in the 2016 Proposal for an Anti-tax Avoidance Directive
Félix Daniel Martínez Laguna & Félix Alberto Vega Borrego

PART III
Administrative Cooperation in Tax Matters: A Need for a Full Applicability of European Freedoms and a Guarantee to Tax Effectiveness

CHAPTER 12
Administrative Cooperation in the Recovery of Claims: Directive 2010/24/EU– A Spanish Approach
José María Cobos Gómez

CHAPTER 13
Change of Paradigm in Administrative Cooperation Directives: Automatic Exchange of Information
Antoinette Musilek

CHAPTER 14
Amendment of Directive 2011/16/EU as Regards Mandatory Automatic Exchange of Information on Tax Rulings
Ascensión Maldonado García-Verdugo

CHAPTER 15
Country by Country Reporting
María del Mar Barreno Asensio

CHAPTER 16
Mandatory Disclosure Rules for Tax Planning Schemes and Automatic Exchange
Jorge A. Ferreras Gutiérrez

CHAPTER 17
The New Tax Dispute Resolution Mechanisms in the European Union:The ‘Arbitration Directive’
Jaime Mas Hernández

CHAPTER 18
Code of Conduct on Withholding Tax and the OECD TRACE System
Javier Doldán Varela & Plácido Martos Belmonte

CHAPTER 19
Elimination of Double Taxation in the European Union: Former Article 293 TEEC, EU Competences and Controversial Aspects of the Arbitration Directive
Aitor Navarro Ibarrola

PART IV
Tax Treaties and the External Dimension of the European Union in Tax Matters

CHAPTER 20
The Recommendation on Tax Treaties and the Legal Framework of Tax Treaties Between Member States and with Third States Within EU Law
Brian Leonard

CHAPTER 21
The 2016 Communication on the Strategy on External Action and the External Dimension of the EU in Tax Matters: Balancing Internal Market and Tax Sovereignty
Edoardo Traversa & Alejandro Zubimendi

CHAPTER 22
The EU List of Non-cooperative Jurisdictions for Tax Purposes
Manuel Santaella Vallejo

PART V
Other European Measures to Prevent Tax Avoidance: State Aid and the Code of Conduct for Business Taxation

CHAPTER 23
The Revision of the Code of Conduct for Business Taxation
Domingo Jesús Jiménez-Valladolid de L’Hotellerie-Fallois

CHAPTER 24
Application of the State Aid Regime to Tax Rulings
Juan Salvador Pastoriza Vázquez

CHAPTER 25
The Commission’s State Aid Decisions on Advance Tax Rulings: Criticisms and Potential Impact on the Future of Direct Taxation Within the European Union
Giulio Allevato

CHAPTER 26
The Difficult Relationship Between the Fundamental Freedoms and the Nexus Approach as a Criterion for Applying Preferential Regimes Within the European Union: Special Reference to IP Boxes
María Cruz Barreiro Carril

PART VI
The Future of European Taxation

CHAPTER 27
Case Law of the Court of Justice of the European Union: A Reflection for the Future
Elena Rodríguez Ruiz de Alda

CHAPTER 28
Study of the Proposal for a Council Directive on a Common Corporate Tax Base
Eduardo Tapia Tejedor

CHAPTER 29
A Preliminary Assessment of the EU Proposal on Significant Digital Presence: A Brave Attempt That Requires and Deserves Further Analysis
Eva Escribano

Index