Translation of "Transfert avec report d'imposition " (French → English) :

5. Stresses that the Treaty, in line with the subsidiarity principle, allows Member States to determine their own corporate tax rates and tax base until stronger tax convergence measures have been agreed in line with the Treaty; stresses also, however, that the over-complex rules of national tax systems, together with the differences between these systems, create loopholes that are used by MNCs for aggressive tax planning purposes, thus leading to base erosion, profit shifting, a race to the bottom and, ultimately, a suboptimal economic outcome; underlines the fact that this kind of tax avoidance is a negative-sum game for all national ...[+++] budgets taken together, as the increases in tax revenues resulting from harmful practices in one Member State (thanks to derogations, specific deductions or loopholes) do not compensate for the reductions in tax revenues in others; points out that only a more coordinated, joint approach by Member States, which should result in a common framework within which Member States set their tax rates, can prevent further base erosion, harmful tax competition and a tax rate race to the bottom;

– having regard to the OECD report ‘Addressing Base Erosion and Profit Shifting (BEPS)’ (2013), the OECD Action Plan on BEPS (2013), and the OECD Report to G20 Development Working Group on the impact of BEPS in Low Income Countries (2014) and the deliverables on 7 key actions of 16 September 2014,

35. Asks the Commission to fully cooperate with the OECD, the G20 and developing countries to address BEPS and to report regularly to Parliament and the Council on the progress made; welcomes the upcoming revised Commission Action Plan in 2015 on tax evasion and tax avoidance and calls on the Commission to come forward with an EU anti-BEPS Directive by the end of June 2015;

Where an SE or an SCE transfers its registered office from one EU country to another or becomes resident in another EU country, that transfer shall not give rise to any taxation of the income, profits or capital gains of the shareholders.

However, EC law does not prevent a Member State from assessing the amount of income on which it wishes to preserve its tax jurisdiction, provided this does not give rise to an immediate tax charge and there are no further conditions attached to such deferral, and due account is taken of any reduction in value of the assets after the transfer.

The Commission proposes that a Code of Conduct be adopted to ensure more effective and more uniform implementation of the 1990 Arbitration Convention by Member States to eliminate double taxation of enterprises carrying out intergroup operations.