Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-04-23-Speech-4-457"
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"en.20090423.68.4-457"2
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".
First of all I would like to emphasise that the long-term objective is a solution in the form of a directive or a multilateral treaty. Only thus can we develop this system effectively from the standpoint of legal principles. The Commission is proposing a solution for the most pressing problems arising in connection with the internal market, through improved coordination of Member State tax regulations and improved decision-making processes. The Commission in its communication 823 on coordination put forward a proposal to create a mechanism for an effective resolution of disputes connected with international double taxation problems in the EU but due to insufficient support from the Member States, as the MEP mentioned here, the Commission abandoned this request in favour of other initiatives. The Commission is fully aware of the impact of double taxation agreements on the internal market and it will start preparing public consultations in 2009. Based on these consultations the Commission will draft a communication on its findings together with a proposal for an acceptable solution to existing problems.
The Council has repeatedly grappled with this problem within the framework of various initiatives. The first one was the expansion of the framework of Directive 90/435/EC on the common system of taxation for parent and subsidiary companies through Council Directive 2003/123/ES, which eliminates the economic and legal double taxation of cross-border flows of dividends within the framework of the Community. In 1990 an arbitration treaty was adopted with the aim of eliminating double taxation arising from the setting of transfer prices between related enterprises. Nevertheless this directive did not prove very effective, partly because it has the character of an international treaty concluded between Member States and not the character of a Community legal instrument. In 2003 Directive 2003/49/EC was adopted, eliminating double taxation for interest and royalty payments between associated enterprises from different Member States, which authorises only the country of the beneficial owner of the payment to tax that payment. The question of expanding the framework of this directive should form the topic of further negotiations in the Council. In connection with the two communications from the Commission on coordinating Member State systems of direct taxation on the internal market and retirement tax, ECOFIN adopted the December 2008 Council resolution on retirement tax. This resolution endeavours to eliminate double taxation and coordinates state procedures in the area of retirement tax so that, with the transfer of economic activities from one state to another, when assets of physical or legal persons are transferred from the state which applies the tax on exit, then the recipient state should apply the market value of the asset which was exchanged at the time of the asset transfer from the exit state as an expenditure when the asset is sold."@en1
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