The next Eurogroup meeting is taking place on December 4, 2017 and the next Economic and Financial Affairs (ECOFIN) Council is taking place on December 5, 2017. On November 27, 2017 the Dutch Minister of Finance sent an annotated agenda for these meetings to the Dutch House of Representatives. According to this annotated agenda several tax topics will be discussed during the ECOFIN Council of December 5, 2017.
According this annotated agenda a.o. the following tax subjects are going to be discussed during the upcoming ECOFIN Council:
· Presentation by the European Commission of its (still to be published) proposal to amend Council Regulation (EU) No 904/2010 of October 7, 2010 on administrative cooperation and combating fraud in the field of value added tax;
· EU list of non-cooperative jurisdictions (According to the annotated Agenda the Council is expected to adopt conclusions including a list of non-cooperative jurisdictions));
· Fair taxation of the digital economy;
· Presentation of the 6-month report of the Code of Conduct Group (Business Taxation).
List of non-cooperative jurisdictions
The Council will adopt conclusions including a list of non-cooperative third country jurisdictions in the area of taxation. During the ECOFIN Councils of November 8, 2016 and February 21, 2017 the criteria and the process regarding the drafting of such a common list have been determined. It was agreed that by the end of 2017 a list will be determined. It regards a political agreement between the EU-Member States and the decision will be done based on unanimity.
Based on the conclusions mentioned above the Member States, supported by the European Commission have screened the relevant third country jurisdictions to screen against tax good governance criteria:
1. Tax transparency, and
2. Fair taxation, and
3. Implementation of anti-BEPS measures
If a jurisdiction does not meet the criteria then the jurisdiction is eligible to be put on the list. These jurisdictions have been contacted over the last few months in order to try to persuade these jurisdictions to meet the criteria. According to the Dutch Minister of Finance it has also happened that jurisdictions have indicated at a high-level that they will amend their legislation in short term. According to the Dutch Minister these jurisdictions will not be placed on the list. However, the commitment to change will be monitored. Should it appear that a jurisdiction does not live up to its commitment then that jurisdiction will still be placed on the list.
Click here to download the annotated agenda for the December 2017 Eurogroup meeting and the December 2017 ECOFIN Council that the Dutch Ministry of Finance has sent to the Dutch House of Representatives from the website of the Dutch Ministry of Finance. (The annotated agenda is only available in Dutch)
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