International Tax Review
The European Commission wants member states to work together on anti-abuse rules that would take recent case law from the European Court of Justice (ECJ) into account.
“The recent rulings by the European Court of Justice in this field clearly show that member states need to urgently carry out a critical review of their existing anti-abuse rules,” said László Kovács, the EU commissioner for taxation and customs union.”I understand that member states need to ensure that their tax bases are not unduly eroded because of abusive and overtly aggressive tax planning schemes but we cannot tolerate disproportionate obstacles to cross-border activity within the EU.”
The Commission said recent ECJ cases, such as Eurowings, Lankhorst-Hohorst, Cadbury-Schweppes and the Thin Capitalisation GLO set out the restrictions on national anti-abuse rules. Any new rules should not be too broad and need to target wholly artificial arrangements, the Commission added.
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