EU rules on cross border tax rulings introduced

The European Commission has introduced new rules which mean that member states have to automatically disclose information on all cross border tax rulings, in an attempt to increase transparency

As of 1 January 2017, member states are obliged to automatically exchange information on all new cross-border tax rulings that they issue. This will be done through a central depository, accessible to all EU countries.

Every six months national tax authorities will send a report to the depository, listing all the cross-border tax rulings that they have issued. Other member states will then be able to check those lists and to ask the issuing member state for more detailed information on a particular ruling. This first exchange should take place by 1 September 2017 at the latest.

By 1 January 2018, member states will also have to provide the same information for all cross-border rulings issued since the beginning of 2012.

Pierre Moscovici, commissioner for economic and financial affairs, taxation and customs, said: ‘We have a duty to make corporate taxation fairer and more transparent, and to use every means possible to block tax abuse and profit shifting. The entry into force of the automatic exchange of information on cross-border tax rulings on 1 January marks a major step forward.

‘It equips member states and their national tax administrations with the information they need to detect certain abusive tax practices and take the necessary action in response.’

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