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Comprendre la fiscalité environnementale

16-01-2020

Parmi les mesures visant à promouvoir un changement vers des choix plus respectueux de l’environnement figure la fiscalité environnementale, en complément des autres instruments disponibles pour effectuer l’adaptation nécessaire pour faire face aux défis environnementaux et climatiques. La fiscalité environnementale, dans son principe, a pour but d’inclure dans les prix le coût des atteintes à l'environnement (dites externalités négatives) afin de réorienter vers des choix de production et de consommation ...

Parmi les mesures visant à promouvoir un changement vers des choix plus respectueux de l’environnement figure la fiscalité environnementale, en complément des autres instruments disponibles pour effectuer l’adaptation nécessaire pour faire face aux défis environnementaux et climatiques. La fiscalité environnementale, dans son principe, a pour but d’inclure dans les prix le coût des atteintes à l'environnement (dites externalités négatives) afin de réorienter vers des choix de production et de consommation plus respectueux de l’environnement. La fiscalité environnementale couvre potentiellement tous les domaines de la protection et de la préservation de l’environnement. La lutte contre le changement climatique, les pollutions (de l'air et de l'eau notamment) et les pressions subies par l’environnement (usage des ressources, biodiversité en particulier) ainsi que les facteurs qui y contribuent (par exemple les émissions de gaz et l'utilisation de substances pouvant être dommageables) peuvent être l’objet des mesures fiscales. Ce sont des mesures générales ou sectorielles, dont l’application varie selon les États et leurs collectivités. Dans l’Union européenne, la politique environnementale et la politique fiscale déterminent les contours de l’action respective des États membres et de l’Union. Les mesures fiscales environnementales existantes ont une part modeste parmi les revenus fiscaux des États. Si les objectifs environnementaux sont généralement reconnus, l’application de mesures relevant de la fiscalité environnementale nécessite la prise en compte de divers aspects, notamment ceux relatifs à la compétitivité et l’équité afin d’assurer une lisibilité de la fiscalité environnementale apte à assurer son acceptabilité pour en faire un instrument effectif de la transition nécessaire.

Tackling VAT fraud related to e-commerce

10-12-2019

Changes to the value added tax (VAT) regulatory framework for e-commerce introduced the destination principle for cross-border business-to-consumer (B2C) transactions. Identification of the online businesses supplying goods and services to customers in other Member States is going to be key when it comes to ensuring compliance with VAT rules and addressing e-commerce VAT fraud. Parliament is due to vote on two Commission proposals in plenary in December.

Changes to the value added tax (VAT) regulatory framework for e-commerce introduced the destination principle for cross-border business-to-consumer (B2C) transactions. Identification of the online businesses supplying goods and services to customers in other Member States is going to be key when it comes to ensuring compliance with VAT rules and addressing e-commerce VAT fraud. Parliament is due to vote on two Commission proposals in plenary in December.

EU listing of tax havens

21-10-2019

Broadly speaking, 'tax havens' provide taxpayers, both legal and natural persons, with opportunities for tax evasion or avoidance, while their secrecy and opacity also serves to disguise the origins of the proceeds of illegal and criminal activities. One might ask why establishing a list of tax havens or high-risk countries is useful. Drawing up such lists began with action to end harmful tax practices arising from the discrepancy between the global reach of financial flows and the geographically ...

Broadly speaking, 'tax havens' provide taxpayers, both legal and natural persons, with opportunities for tax evasion or avoidance, while their secrecy and opacity also serves to disguise the origins of the proceeds of illegal and criminal activities. One might ask why establishing a list of tax havens or high-risk countries is useful. Drawing up such lists began with action to end harmful tax practices arising from the discrepancy between the global reach of financial flows and the geographically limited scope of jurisdictions that match or exist inside national borders. However we refer to tax havens, they all have one thing in common: they allow individuals or organisations to escape from taxation. Distinctive characteristics of tax havens include low or zero taxation, fictitious residences (with no bearing on reality) and tax secrecy. The latter two are key methods for hiding ultimate beneficial owners. In the EU, the process of adopting a common list of non-cooperative tax jurisdictions was initiated as part of efforts to further good tax governance, and its external dimension. On 5 December 2017, the Council adopted a first common list resulting from the assessment of third countries against distinctive criteria. Pursuing the assessment process, the Council has updated the list on the basis of commitments received, while also reviewing countries that had not yet been assessed. This briefing updates an earlier one, from May 2018 – itself an updated and extended version of a briefing from December 2017: ‘Understanding the rationale for compiling “tax haven” lists', PE 614.633 – to take account of the changes in the lists since that date.

Understanding BEPS: From tax avoidance to digital tax challenges

21-10-2019

Action to fight corporate tax avoidance has been deemed necessary in the OECD forum and has received further impetus through the G20/OECD Base erosion and profit shifting action plan (known as BEPS). The 2015 BEPS action plan has 15 actions, covering elements used in corporate tax-avoidance practices and aggressive tax-planning schemes. The implementation of the BEPS action plan was designed to be flexible, as a consequence of its adoption by consensus. Recommendations made in BEPS reports range ...

Action to fight corporate tax avoidance has been deemed necessary in the OECD forum and has received further impetus through the G20/OECD Base erosion and profit shifting action plan (known as BEPS). The 2015 BEPS action plan has 15 actions, covering elements used in corporate tax-avoidance practices and aggressive tax-planning schemes. The implementation of the BEPS action plan was designed to be flexible, as a consequence of its adoption by consensus. Recommendations made in BEPS reports range from minimum standards to guidelines, as well as putting in place an instrument to modify the provisions of tax treaties related to BEPS practices. In addition, putting BEPS actions into practice has involved a growing number of countries, so as to provide a more inclusive framework able to involve more countries beyond the OECD and G20 members, and build on cooperation between international organisations. The application of BEPS actions and their follow-up involves issues that remain to be implemented or addressed. Here come in particular issues beyond the avoidance techniques that were addressed in the BEPS action plan, starting with addressing tax challenges of the digital economy, building on the BEPS action1 report that defined a calendar for providing an adaptation of international tax rules to the impact of digitalisation. Based on several intermediary reports, the OECD/G20 inclusive framework on BEPS issued a work programme to develop a consensus solution to the tax challenges arising from the digitalisation of the economy. Endorsed in June 2019 by the G20, this programme outlines the steps for modernising international tax rules. An annex to this document outlines the different international fora and instruments relevant to BEPS actions and the countries or organisations that participate in them or apply them. This briefing updates an earlier edition (PE 607.288), of June 2017.

EU policies – Delivering for citizens: The fight against tax fraud

28-06-2019

Tax policy, and the fight against tax fraud, have gained particular exposure over the past five years as a result of the light shed by repeated tax leaks and the related journalistic investigations. This has added to the increasing lack of acceptance of damaging tax practices, especially since the recession and the resulting budget constraints. The fight against tax fraud aims at recovering revenue not paid to the public authorities. It also aims at ensuring that fraudsters do not have an advantage ...

Tax policy, and the fight against tax fraud, have gained particular exposure over the past five years as a result of the light shed by repeated tax leaks and the related journalistic investigations. This has added to the increasing lack of acceptance of damaging tax practices, especially since the recession and the resulting budget constraints. The fight against tax fraud aims at recovering revenue not paid to the public authorities. It also aims at ensuring that fraudsters do not have an advantage over compliant taxpayers, thus ensuring tax fairness between taxpayers. Unpaid taxes result in reduced resources for national and European Union (EU) budgets. Though the scale of unpaid taxes is by nature difficult to estimate, available assessments hint at large amounts of resources lost to public finances. Citizens' evaluation of the EU's current involvement in the fight against tax fraud has improved, but the majority of citizens in each Member State still share expectations for even more intensive involvement. Despite this, there is still a considerable gap between citizens' evaluations and expectations of EU involvement. There is still room for improvement in addressing the preferences and expectations of EU citizens. The fight against tax fraud is shared between Member States and the EU. Coming under tax policy, it has remained closely linked to Member State sovereignty, protected by the requirement for unanimity and a special legislative procedure which keeps tax matters firmly under the Council's control. This has been the case since the Union's beginnings, in spite of the proposed limited changes to the tax framework. As shortcomings have been more clearly identified, the discussion has been opened anew in speeches on the State of the Union delivered by the President of the European Commission before the European Parliament. Fighting tax fraud covers not only actions against illegal behaviour, but also the deterrence of fraud and measures to foster compliance. As a result it involves a large reboot of tax provisions, to upgrade them for the scale and features of tax fraud as it is and as it evolves. In spite of the notable deliveries during the 2014-2019 parliamentary term, there remains work ahead, namely because all provisions need to be implemented, enforced, monitored and, if need be, updated, to keep up with the versatility of tax fraud and the pace of digital evolution globally. This is an update of an earlier briefing issued in advance of the 2019 European elections.

Detailed technical measures for the definitive VAT system for cross-border goods trade

20-06-2019

The common European value added tax (VAT) system was set up in 1967, and reformed in 1993, to adapt it to the entry into force of the European Union (EU) internal market. The existing rules governing intra Community trade were therefore intended to be transitory. While VAT has become an important source of revenue for both national governments and the EU budget, the current system is ill-adapted to the challenges of a modern economy. A substantial review was initiated as from 2016, to update the ...

The common European value added tax (VAT) system was set up in 1967, and reformed in 1993, to adapt it to the entry into force of the European Union (EU) internal market. The existing rules governing intra Community trade were therefore intended to be transitory. While VAT has become an important source of revenue for both national governments and the EU budget, the current system is ill-adapted to the challenges of a modern economy. A substantial review was initiated as from 2016, to update the EU VAT system and make it less vulnerable to fraud, as described in the April 2016 VAT action plan. The proposal, adopted on 25 May 2018, would amend the VAT Directive (Directive 2006/112/EC), to introduce detailed technical measures for the definitive VAT system for intra-EU business to business (B2B) trade in goods. The present proposal follows and complements the adoption of Council Directive (EU) 2018/1910 on 4 December 2018. The Parliament adopted its position on the proposal on 12 February 2019; the Council has yet to finalise its position. Third edition of a briefing originally drafted by Ana Claudia Alfieri, and subsequently updated by Laura Puccio. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Public country-by-country reporting by multinational enterprises

26-04-2019

Tax transparency has gained particular importance as a tool in the fight against tax avoidance and tax evasion, particularly in the field of corporate income tax and aggressive tax planning. Cooperation between tax authorities aims at allowing them to obtain information covering the global business of multinational enterprises (MNEs), and progress has already been made in this area. A further step in tax transparency would be to broaden it by providing publicly available information relating to tax ...

Tax transparency has gained particular importance as a tool in the fight against tax avoidance and tax evasion, particularly in the field of corporate income tax and aggressive tax planning. Cooperation between tax authorities aims at allowing them to obtain information covering the global business of multinational enterprises (MNEs), and progress has already been made in this area. A further step in tax transparency would be to broaden it by providing publicly available information relating to tax paid at the place where profits are actually made. Public country-by-country reporting (CBCR) is the publication of a defined set of facts and figures by large MNEs, thereby providing the public with a global picture of the taxes MNEs pay on their corporate income. The proposal is being considered by the European Parliament (EP) and the Council. In the EP, the amendments put forward by the ECON and JURI committees were voted on 4 July 2017. In the absence of a Council position enabling negotiations on the proposal, the Parliament adopted its position at first reading in plenary on 27 March 2019. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

TAX3 Special Committee report

20-03-2019

The European Parliament's Special Committee on financial crimes, tax evasion and tax avoidance (TAX3) was set up in March 2018 to build on and complement the work carried out in the EP since 2014. Its report, submitted for debate during the European Parliament's March II plenary session, takes stock of the continued topicality of these issues and of the progress made, as well as the remaining work ahead to fight financial crimes, tax evasion and tax avoidance. It also paves the way for further monitoring ...

The European Parliament's Special Committee on financial crimes, tax evasion and tax avoidance (TAX3) was set up in March 2018 to build on and complement the work carried out in the EP since 2014. Its report, submitted for debate during the European Parliament's March II plenary session, takes stock of the continued topicality of these issues and of the progress made, as well as the remaining work ahead to fight financial crimes, tax evasion and tax avoidance. It also paves the way for further monitoring and follow-up actions.

Understanding money laundering through real estate transactions

04-02-2019

Money laundering through real estate transactions integrates black funds into the legal economy while providing a safe investment. It allows criminals to enjoy assets and derived funds having camouflaged the origin of the money used for payment. A number of techniques are used, namely cash or opaque financing schemes, overvalued or undervalued prices, and non-transparent companies and trusts or third parties that act as legal owners. Among the possible indicators are geographical features (such as ...

Money laundering through real estate transactions integrates black funds into the legal economy while providing a safe investment. It allows criminals to enjoy assets and derived funds having camouflaged the origin of the money used for payment. A number of techniques are used, namely cash or opaque financing schemes, overvalued or undervalued prices, and non-transparent companies and trusts or third parties that act as legal owners. Among the possible indicators are geographical features (such as the distance between the property and the buyer and their actual geographical centre of interest). In order to assess the existence of a money-laundering risk, concrete assessments of transactions and a customer's situation provide indications that help raise red flags and trigger reporting obligations. The anti-money-laundering recommendations set out by the international Financial Action Task Force (FAFT) are implemented in the European Union (EU) by means of coordinated provisions (chiefly the Anti-money-laundering Directive). Customer due diligence and reporting of suspicious transactions are tools to address money laundering. Real estate transactions involve both non-financial and financial sector parties operating under different legal requirements. Yet, reporting of suspicious transactions in real estate is limited, leaving ample room for improvement. Improvement is all the more necessary inasmuch as money laundering in general, and in the real estate sector in particular, has a major socio-economic impact, the magnitude of which is difficult to quantify. Awareness is however growing as a result not least of high profile examples of money laundering through real estate in a number of EU cities.

Reduced VAT rate for e-publications

19-12-2018

The fact that print and digital publications have been subject to separate value added tax (VAT) rates essentially means that products that are considered to be comparable and substitutable have been treated differently to one another. This situation resulted from rules which, on the one hand, allowed Member States to apply reduced rates to printed publications, but on the other excluded this possibility for digital publications. In addition, the evolution in the VAT framework means that VAT on digital ...

The fact that print and digital publications have been subject to separate value added tax (VAT) rates essentially means that products that are considered to be comparable and substitutable have been treated differently to one another. This situation resulted from rules which, on the one hand, allowed Member States to apply reduced rates to printed publications, but on the other excluded this possibility for digital publications. In addition, the evolution in the VAT framework means that VAT on digital services should be levied in the Member State where the consumer is based (thus protecting the single market from application of different rates within a Member State because of the different location of providers). The question of broadening the possibility to apply reduced rates to all publications, be they print or digital, was addressed as part of the VAT digital single market package. The amendment to the VAT directive was adopted by the Council on 6 November 2018, after the European Parliament had delivered its opinion on 1 June 2017. The new rules allow Member States to apply the reduced rate to e-publications, as from 4 December 2018.

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