News on 22 Oct, 2024 (Tuesday)
View moreOp-ed: Building fairer and prosperous societies in the EU through tax cooperation
By Niki Christofi According to Article 21 of the Treaty on the Functioning of the European Union and Article 45 of the EU Charter of Fundamental Rights, EU citizens have the right to move and reside within the EU.[i] Moreover, EU citizens and businesses have the freedom to operate as well as invest across national borders. This implies that business expertise, development, know-how, technical knowledge and innovation are shared among the Member States which leads to enhanced economic growth. Nevertheless, since direct taxation is not harmonized across the EU, this freedom may have as a consequence that taxpayers may attempt to avoid or evade tax. Evasion and fraud in taxes imply fewer revenues in governments. Unreported and untaxed income is considerably reducing national tax revenues which has adverse consequences. Taxation is essential for each Country to build strong and prosperous societies on the basis that taxes received by the governments are used for public services and the well-being of citizens. On this basis, it is important to emphasize that tax revenue is one the most important sources of income for Countries that are used to finance the Sustainable Development Goals, which relate among others to a healthy environment, zero hunger, no property, good health of citizens and quality education.[ii] In this respect, in today’s globalized world, it is crucial that tax administrations work together in order to ensure that the right amount of tax is paid to the right jurisdiction with no tax evasion. Administrative cooperation in direct taxation between the Member States of the EU helps to ensure that all taxpayers pay their fair share of tax burden, irrespective of where they work, retire, hold a bank account, invest or do business. This is based on the Council Directive on Administrative Cooperation 2011/16/EU (DAC 1), which establishes all necessary procedures and provides the structure for a secure platform for cooperation.[iii] Since its adoption, the original Directive 2011/16/EU (DAC 1) has been amended various times, with the aim of strengthening the administrative cooperation between the Member States as follows: Directive 2014/107/EU (DAC 2) which introduced automatic exchange of financial account information. Directive 2015/2376/EU (DAC 3) on automatic exchange of tax rulings and advance pricing agreements. Directive 2016/881/EU (DAC 4) on automatic exchange of country-by-country reports. Directive 2016/2258/EU (DAC 5) which ensures that the tax authorities have access to beneficial ownership information collected pursuant to the anti-money laundering legislation. Directive 2018/822/EU (DAC 6) on automatic exchange of reportable cross-border arrangements and how the Directive operates. Directive 2021/514/EU (DAC 7) which extends the EU tax transparency rules to digital platforms.[iv] Directive 2023/2226/EU (DAC 8) which includes reporting requirements on crypto-assets, e-money and central bank digital currencies.[v] The scope of the Directive includes all taxes except VAT, customs duties, excise duties, and compulsory social contributions because these are already covered by other European Union legislation on administrative cooperation. The Directive provides for the exchange of specified information in three forms: spontaneous, automatic and on request.[vi] It shall be noted that on the website of the Tax Department of Cyprus, can be found more information and guidance regarding the application of the Directive[vii]. It is crucial to indicate that both within the EU as well as at an international level, the EU is working in order to promote and strengthen tax good governance mechanisms, fair taxation and global tax transparency, aiming to tackle tax fraud, tax evasion and tax avoidance. The EU list of non-cooperative jurisdictions for tax purposes is part of the EU’s work to compact tax evasion and avoidance. It is composed of countries which have failed to fulfil their commitments to comply with tax good governance criteria within a specific timeframe as well as countries which have refused to do so.[viii] On 08 October 2024, the European Council adopted the EU list of non-cooperative jurisdictions for tax purposes. It is composed of 11 countries as follows: It is also important to mention that the Platform of Tax Good Governance, assists the European Commission in developing initiatives to promote good governance in tax matters in third countries, to tackle aggressive tax planning as well as to identify and address double taxation. Members of the Platform are the tax authorities of all Member States and organizations representing business, civil society and tax practitioners. It brings together expert representatives from business, tax professionals and civil society organizations. The European Platform enables a structured dialogue and exchange of expertise which is a coordinated and effective EU approach against tax evasion and avoidance.[ix] To conclude, tax fraud, tax evasion and tax avoidance represent a major challenge for the European Union as well as at a global level. The exchange of information is pivotal in the fight against such practices. Tax Good Governance is essential for fair and prosperous societies and economies. [i] https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/eu-citizenship-and-democracy/free-movement-and-residence_en [ii] https://sdgs.un.org/goals [iii] https://taxation-customs.ec.europa.eu/taxation/tax-co-operation-and-control/administrative-co-operation-and-mutual-assistance/enhanced-administrative-cooperation-field-direct-taxation_en [iv] https://www.europeansources.info/record/proposal-for-a-council-directive-amending-directive-2011-16-eu-on-administrative-cooperation-in-the-field-of-taxation/ [v] https://www.europeansources.info/record/proposal-for-a-council-directive-amending-directive-2011-16-eu-on-administrative-cooperation-in-the-field-of-taxation-2/ [vi] https://taxation-customs.ec.europa.eu/taxation/tax-co-operation-and-control/administrative-co-operation-and-mutual-assistance/enhanced-administrative-cooperation-field-direct-taxation_en [vii] https://www.mof.gov.cy/mof/tax/taxdep.nsf/page20_en/page20_en?opendocument [viii] https://www.consilium.europa.eu/en/policies/eu-list-of-non-cooperative-jurisdictions/ [ix] https://taxation-customs.ec.europa.eu/platform-tax-good-governance_en *Member of the Corporate Social Responsibility Committee of the Institute of Certified Public Accountants of Cyprus, Business Mentor
2024-10-22 11:49:17
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