EU: June ECOFIN Council debates mandatory AEoI, tax rulings and Interest & Royalties Directive

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU: June ECOFIN Council debates mandatory AEoI, tax rulings and Interest & Royalties Directive

van-der-made.jpg

Bob van der Made

Proposal for mandatory automatic exchange of information (AEoI) with regard to tax rulings (DAC3)

Selected issues discussed:

  • The scope and timing of information to be exchanged, and further alignment with work carried out by the OECD;

  • The exemption of bilateral and multilateral advance pricing agreements (APAs) with third countries; and

  • The European Commission's role in the new mechanism with regard to DAC3, since the Commission is not a competent tax authority.

A number of finance ministers intervened in the ECOFIN public session: France, Germany, Ireland, Malta, Netherlands, Poland, Slovakia, Slovenia, Spain, Sweden and the UK. Most member states came out publicly in favour of the proposal, even though Council working group negotiations on the proposal apparently made very little progress in July.

Luxemburg said during the ECOFIN debate that it is an absolute priority for the Luxembourg EU Council presidency to adopt this proposal before the end of its presidency term (December 31 2015).

Interest & Royalties Directive Recast Proposal

To make progress on this 2011 Recast Proposal, the six-monthly rotating Latvian EU Council Presidency (January 1 2015 – June 30 2015) proposed to split up the Commission proposal in order to focus first on incorporating a GAAR clause, similar to the one added in January 2015 to the EU's Parent-Subsidiary Directive (that is, acting as a de minimis rule), while Council work would continue, in the meantime, on other remaining elements of the Directive, including:

  • a minimum effective level of taxation (not foreseen in the Commission's original proposal);and

  • a requirement for member states to inform each other in the event of the GAAR being invoked.

The Latvian presidency suggested that the above elements should be dealt with as part of the Recast Proposal, but it found no real traction on this during the ECOFIN meeting. Germany, France, Austria, Czech Republic, Greece and Italy insisted during the meeting that discussions in the Council should continue on the Interest & Royalties Directive Recast Proposal as a whole.

Bob van der Made (bob.van.der.made@nl.pwc.com)

PwC Brussels

Tel: +31 88 792 3696

Website: www.pwc.com/eudtg

more across site & shared bottom lb ros

More from across our site

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article