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Document 52012AP0135
Common consolidated corporate tax base * European Parliament legislative resolution of 19 April 2012 on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB) (COM(2011)0121 – C7-0092/2011 – 2011/0058(CNS))
Common consolidated corporate tax base * European Parliament legislative resolution of 19 April 2012 on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB) (COM(2011)0121 – C7-0092/2011 – 2011/0058(CNS))
Common consolidated corporate tax base * European Parliament legislative resolution of 19 April 2012 on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB) (COM(2011)0121 – C7-0092/2011 – 2011/0058(CNS))
SL C 258E, 7.9.2013, p. 134–144
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
7.9.2013 |
EN |
Official Journal of the European Union |
CE 258/134 |
Thursday 19 April 2012
Common consolidated corporate tax base *
P7_TA(2012)0135
European Parliament legislative resolution of 19 April 2012 on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB) (COM(2011)0121 – C7-0092/2011 – 2011/0058(CNS))
2013/C 258 E/25
(Special legislative procedure – consultation)
The European Parliament,
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having regard to the Commission proposal to the Council (COM(2011)0121), |
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having regard to Article 115 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0092/2011), |
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having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
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having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Bulgarian Parliament, the Irish House of Representatives, the Maltese Parliament, the Netherlands House of Representatives, the Polish Diet, the Romanian Chamber of Deputes, the Slovak Parliament, the Swedish Parliament and the House of Commons of the United Kingdom, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
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having regard to Rule 55 and 37 of its Rules of Procedure, |
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having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0080/2012), |
1. |
Approves the Commission proposal as amended; |
2. |
Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
5. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
TEXT PROPOSED BY THE COMMISSION |
AMENDMENT |
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Amendment 1 |
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Proposal for a directive Recital 1 |
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Amendment 2 |
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Proposal for a directive Recital 1 a (new) |
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Amendment 3 |
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Proposal for a directive Recital 2 |
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Amendment 4 |
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Proposal for a directive Recital 2 a (new) |
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Amendment 5 |
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Proposal for a directive Recital 3 a (new) |
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Amendment 6 |
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Proposal for a directive Recital 4 a (new) |
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Amendment 7 |
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Proposal for a directive Recital 4 b (new) |
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Amendment 8 |
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Proposal for a directive Recital 4 c (new) |
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Amendment 9 |
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Proposal for a directive Recital 5 |
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Amendment 10 |
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Proposal for a directive Recital 5 a (new) |
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Amendment 11 |
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Proposal for a directive Recital 6 |
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Amendment 12 |
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Proposal for a directive Recital 6 a (new) |
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Amendment 13 |
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Proposal for a directive Recital 6 b (new) |
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Amendment 14 |
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Proposal for a directive Recital 8 |
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Amendment 15 |
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Proposal for a directive Recital 20 |
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Amendment 16 |
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Proposal for a directive Recital 21 |
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Amendment 17 |
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Proposal for a directive Recital 21 a (new) |
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Amendment 18 |
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Proposal for a directive Recital 23 |
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Amendment 19 |
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Proposal for a directive Recital 23 a (new) |
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Amendment 20 |
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Proposal for a directive Recital 27 a (new) |
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Amendment 21 |
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Proposal for a directive Article 6 a (new) |
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Article 6a European Companies and European Cooperative Societies From … (2), eligible European Companies and European Cooperative Societies, as referred to in points (a) and (b) of Annex I, shall be considered to be companies that have opted to apply this Directive. |
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Amendment 22 |
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Proposal for a directive Article 6 b (new) |
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Article 6b Application to other eligible companies From … (3), eligible companies other than micro, small and medium-sized enterprises as defined in Recommendation 2003/361/EC, shall apply this Directive. |
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Amendment 23 |
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Proposal for a directive Article 12 – paragraph 1 |
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Deductible expenses shall include all costs of sales and expenses net of deductible value added tax incurred by the taxpayer with a view to obtaining or securing income, including costs of research and development and costs incurred in raising equity or debt for the purposes of the business. |
Deductible expenses shall include all costs of sales and expenses net of deductible value added tax incurred by the taxpayer with a view to obtaining or securing income, including costs of research and development and costs incurred in raising equity or debt for the purposes of the business. Recurring costs relating to environmental protection and reduction of carbon emissions shall also be regarded as deductible expenses. |
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Amendment 24 |
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Proposal for a directive Article 14 – paragraph 1 – point j |
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Amendment 25 |
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Proposal for a directive Article 30 – point c |
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Amendment 26 |
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Proposal for a directive Article 48 |
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Where a taxpayer incurred losses before opting into the system provided for by this Directive which could be carried forward under the applicable national law but had not yet been set off against taxable profits, those losses may be deducted from the tax base to the extent provided for under that national law. |
Where a taxpayer incurred losses before opting into the system provided for by this Directive which could be carried forward under the applicable national law but had not yet been set off against taxable profits, those losses may be deducted from the part of the tax base taxed in the Member State of the previously applicable national law to the extent provided for under that national law. |
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Amendment 27 |
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Proposal for a directive Article 73 – paragraph 1 – point a |
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Amendment 28 |
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Proposal for a directive Article 80 – paragraph 1 |
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Artificial transactions carried out for the sole purpose of avoiding taxation shall be ignored for the purposes of calculating the tax base. |
Artificial transactions carried out mainly for the purpose of avoiding taxation shall be ignored for the purposes of calculating the tax base. |
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Amendment 29 |
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Proposal for a directive Article 82 – paragraph 1 – point b |
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Amendment 30 |
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Proposal for a directive Article 86 – paragraph 1 – introductory part |
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1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form, giving equal weight to the factors of sales, labour and assets: |
1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form, covering the factors of sales, labour and assets: |
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Amendment 31 |
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Proposal for a directive Article 86 – paragraph 1 – formula |
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Amendment 32 |
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Proposal for a directive Article 110 – paragraph 1 a (new) |
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1a. The Commission shall design a uniform tax return format in cooperation with the tax administrations of the Member States. |
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Amendment 33 |
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Proposal for a directive Article 122 – paragraph 1 – subparagraph 1 |
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1. The principal tax authority may initiate and coordinate audits of group members. An audit may also be initiated on the request of a competent authority. |
1. The principal tax authority may initiate and coordinate audits of group members. An audit may also be initiated on the request of a competent authority in the Member State where the group member is established . |
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Amendment 34 |
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Proposal for a directive Article 123 a (new) |
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Article 123a CCCTB forum The Commission shall establish a CCCTB forum to which companies and Member States may refer questions and disputes relating to the CCCTB. That forum shall provide guidance to companies and Member States. |
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Amendment 35 |
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Proposal for a directive Article 130 |
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The European Parliament shall be informed of the adoption of delegated acts by the Commission of any objection formulated to them, or the revocation of the delegation of powers by the Council. |
The European Parliament shall be informed of the adoption of delegated acts by the Commission of any objection formulated to them, or the revocation of the delegation of powers by the Council. Any future assessment of the instrument should be communicated to the members of the competent committee of the European Parliament. |
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Amendment 36 |
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Proposal for a directive Article 132 a (new) |
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Article 132a Cross-border SMEs By … (4), the Commission shall provide a tool enabling SMEs engaged in cross-border activities to opt into the CCCTB scheme on a voluntary basis. |
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Amendment 37 |
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Proposal for a directive Article 133 |
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The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. |
The Commission shall, by … (5), review the application of this Directive and report to the European Parliament and to the Council on its operation. The report shall , inter alia, include an analysis , based on an independent assessment, of : |
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Where appropriate, the Commission shall make a proposal for amending this Directive at the latest by 2020. By … (6), the Commission shall present a report to the European Parliament and the Council on the potential consequences of this Directive on the internal market with particular regard to possible distortions of competition between companies subject to the arrangements laid down in this directive and those not fulfilling the consolidation criteria. |
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Amendment 38 |
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Proposal for a directive Annex 3 – title 5 – item 4 |
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Versicherungsteuer |
deleted |
(1) OJ L 124, 20.5.2003, p. 36.
(2) First day of the month following two years after the date of application of this Directive.
(3) First day of the month following five years after the date of application of this Directive.
(4) First day of the month following two years after the entry into force of this Directive.
(5) First day of the month following five years after the entry into force of this Directive.
(6) First day of the month following two years after the entry into force of this Directive.