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

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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 & bottom lb ros

More from across our site

The increasing sophistication of India’s taxation system has led to complexity across tax treaty benefits, permanent establishments, transfer pricing and more, say Sanjay Sanghvi and Ujjval Gangwal of Khaitan & Co
Multinationals will continue to shift profits out of Slovakia to EU member states despite pillar two’s implementation, according to the report
The firm’s final report outlined new mandatory staff training designed to enhance ethical conduct; meanwhile former PwC Australia partner Wayne Plummer has been cleared of wrongdoing
Goods and services key to Africa’s tax revenue; electronic exemptions come to Europe; UK private school VAT challenge reaches High Court
The private client practice joining Withers comprises eight lawyers, three paralegals and additional staff members
Overall tax revenues grew by over 10% in 2024 when discounting the 'distorted' Apple payout, the Irish government said
Skatteforvaltningen is being represented by international law firm Hughes Hubbard in its efforts to reclaim monies related to an alleged long-running international fraud
SafeSend automates the ‘last mile’ of the tax return, according to Thomson Reuters; in other news, law firm White & Case has expanded its global tax practice in the US
ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
Gift this article