Buletin Informativ - nr. 6/2016: Top 5 noutati din domeniul fiscalitatii internationale

1.CFE Forum 2016: "Rebuilding the international tax system: How to square the circle?" on 21 April

The finalisation of the BEPS project has provided governments with materials, tools and blueprints for reapplying the basic principles of international taxation like economic substance, permanent establishment and value creation. Yet it is far from clear how this large-scale project should be implemented: how to shape the new provisions so that they are fit for purpose? How can the implementation effort be coordinated internationally and achieve its political objectives? And how can one assure that the reconstruction does not lose sight of the taxpayers who are going to be subject to this new regime?

It will be crucial for both companies and tax authorities to clearly understand the concepts, and how they interact, in order to ensure that reasonable transactions are not deemed to be abusive.

Where traditional concepts are revised and tax rulings are under pressure, new ways of creating legal certainty and ensuring confidentiality must be explored.

Programme: EN

2.The Taxand Global Conference 2016, hosted by Taxand Ireland in Dublin between 26 - 28 April

In a world where technology is moving faster than any of us ever imagined it could, multinationals are required to keep on top of this ever changing landscape to stay ahead of the game. The Taxand Global Conference 2016 will look to the future – to smarter taxes for connected businesses in the post-BEPS world.

Conference website: The Taxand Global Conference 2016

3. CFE comments on the BEPS Final Recommendations and the proposal for an EU Anti-Tax Avoidance Directive

The CFE has issued Opinion Statements on the two major initiatives in international corporate taxation in Europe: On 25 March 2016, it commented on the European Commission´s proposal of 28 January 2016 for an Anti-Tax Avoidance Directive, and on 1 April 2016, it issued seven Opinion Statements on the OECD´s Final BEPS Recommendations of 5 October 2015. The Statements on BEPS were issued together with AOTCA, the Asia-Oceania Tax Consultants´ Association.

- CFE Opinion Statement FC 3/2016 on the Anti-Tax Avoidance Directive: EN

- CFE/AOTCA Opinion Statement FC 4/2016 on the Final BEPS Recommendations (overall statement), and Opinion Statements FC 4a- 4f/2016 on specific BEPS Actions(Actions 1, 4, 5, 8-10, 12 and 14): EN

4. Discriminatory taxation of legacies to foreign charities: Germany amends its legislation

Germany is going to change its tax law to allow donations to foreign charities the same inheritance tax treatment as donations to German charities. This commitment has led to the closing of an infringement proceeding against the country on 25 February 2016, as the Commission announced on 31 March.

Previously, domestic charities had been granted an exemption from German inheritance tax, whereas similar charities established in other EU/EEA States only enjoyed this exemption if their state of residence granted an equivalent or reciprocal exemption to comparable German charities.

- List of infringement cases: EN (see Germany)

5. Public consultation on start-ups in the EU

On 31 March 2016, the European Commission launched a public consultation with a view to improve the environment for start-ups in the EU. This consultation addresses entrepreneurs as well as other stakeholders and is part of the EU Single Market Strategy. Deadline for this consultation is 30 June 2016. The Single Market Strategy also takes up ideas to simplify VAT requirements and puts forward a proposal on business insolvency.

- Consultation website: EN