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On June 8, 2016 the Dutch Government published the text of the mutual agreement as agreed upon by the competent authorities of Switzerland and the Netherlands regarding the application of the Convention between the Kingdom of the Netherlands and the Swiss Confederation for the avoidance of double taxation with respect to taxes on income signed at The Hague on February 26th, 2010 and the related Protocol (’the Convention’) with respect to a Netherlands fiscal investment institution (fiscale beleggingsinstelling, ‘FBI’), by a Swiss contractual fund (fonds commun de placement, ’FCP’) and a Swiss open ended investment fund (société d’investissement à capital variable, ’SICAV’).
The Competent Authority Agreement (‘Agreement’) is entered into under Article 25, paragraph 3 (Mutual Agreement Procedure) of the Convention and contains 2 articles.
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On June 8, 2016 the European Parliament decided to set up a Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion, its powers, numerical strength and term of office. The Committee will have 65 Members and shall submit its final report within 12 months.
The European Parliament Conference of Presidents (EP President and political group leaders), already agreed on the committee’s mandate on June 2, 2016.
Read more: Panama Papers – The European Parliament sets up a Committee of Inquiry
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On June 8, 2016 the European Parliament voted in favour of a resolution that welcomes the European Commission’s proposal for an EU Anti-Tax Avoidance Directive. The resolution was passed by 486 votes to 88, with 103 abstentions. It should be noted however that the EU Member States still have to agree unanimously on the Directive.
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On June 8, 2016 the Court of Justice of the European Union (CJEU) judged in Case C‑479/14 Sabine Hünnebeck versus Finanzamt Krefeld (ECLI:EU:C:2016:412).
This request for a preliminary ruling concerns the interpretation of Articles 63(1) TFEU and 65 TFEU.
The request has been made in proceedings between Ms Sabine Hünnebeck and the Finanzamt Krefeld (Tax Office, Krefeld), concerning the calculation of the transfer duties payable in respect of the gift of real property in Germany of which Ms Hünnebeck was a joint owner.
Must Article 63(1) TFEU, read in conjunction with Article 65 TFEU, be interpreted as precluding legislation of a Member State which provides that, for the calculation of gift tax, the allowance to be set against the taxable value in the case of a gift of real property situated in that Member State is lower in the case where the donor and the beneficiary had their place of residence in another Member State on the date of execution of the gift than the allowance which would have been applicable if at least one of them had had his or her place of residence in the former Member State on that date, even if other legislation of the Member State provides that, on the application of the beneficiary of the gift, the higher allowance is to be applied, on condition that account is taken of all assets transferred gratuitously by the donor 10 years prior to and within 10 years following the date of execution of the gift?
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Updated: June 7, 2016 (18.50 CET)
On June 7, 2016 the European Parliament’s Special Committee on Tax Rulings and Other Measures Similar in Nature or Effect (TAXE 2) published the proposed amendments 1-254 that were tabled with respect to “DRAFT REPORT on tax rulings and other measures similar in nature or effect” that was drafted by the co-rapporteurs: Jeppe Kofod and Michael Theurer.
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