On July 17, 2017 the European Commission published it’s July infringements package. In the package the Commission announces that it decided to send reasoned opinions to Bulgaria, Cyprus and Portugal as these Member States have failed to communicate the transposition of new measures on the automatic exchange of tax rulings between EU tax authorities.


The regulations regarding the automatic exchange of tax rulings between EU tax authorities are laid down in Council Directive (EU) 2015/2376 of 8 December 2015 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation. Article 2 of the Directive arranges that Member States had until December 31, 2016, to adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive. The article furthermore arranges that Member States should shall forthwith communicate to the Commission the text of those measures.


According to the European Commission the three countries did not comply with the regulations.


The European Commission states that it has set the 3 countries a deadline of two months to reply. In the absence of a satisfactory reply, the Commission may decide to refer the case to the Court of Justice of the EU.


In the same announcement the European Commission states that it welcomed the transposition of the same measures by the Czech Republic, Greece, Hungary and Poland and that it decided to close the respective infringement cases.


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