2022-07-21-KPMG_Global-E-News_from_the_EU_Tax_Centre_20页_540kb

KPMG EU Tax Flash - Issue 158 (July 20, 2022)

Recent CJEU, EFTA and ECHR

• CJEU Opinion: IT tax withholding/reporting for property intermediation not EU law breach; 'tax representative' appointment disproportionate.
• CJEU Opinion: Beligian state aid interveners' rights continue post-referral.
• CJEU Infringement Referral: Greek/Spanish failure to transpose ATAD 2 'reverse hybrid' rules. Spain delayed compliance noted.

EU Institutions

• COUNCIL: Czech Presidency (July 2022) prioritizes tax system simplification, evasion combat, Minimum Tax Directive, CBAM, and policy debates on shell companies & windfall profits.
• COMMISSION: Public consultation on prohibiting tax evasion & aggressive planning via enablers. Windfall tax feasibility discussed with EU countries.
• ECON/EP: Report on crypto-taxation, calls for simplified treatment, blockchain tech use, definition harmonization & DAC amendment. Debate on energy sector windfall tax.

OECD & International Updates

• OECD: Delayed pillar one MLC signing (2023, effective 2024). Pillar two likely entry 2024 vs. prior projections. New crypto-reporting framework (CARF). Carbon Mitigation initiative launched.
• BEPS Inclusive Framework: Public consultation on Amount A (ongoing till Aug 2022).

National & Local Law Updates

EU Countries

• Danmark/Germany/Ireland/etc.: Binding/updated statements/rulings cover PE establishment, beneficial owners registration (increased fines), CFC rules, transfer pricing aligned wtih OECD.
• Denmark/Greece/Hungary/Kenya/Lux/Netherlands/Romania/Swiss/Tanz/Turkey/Uganda/UK/U: Corporate tax reforms, digital services tax (Tanzania/UK/DK), country-by-country reporting implementation (NL), thin capitalization, crypto reporting.

Court Decisions

• France/Italy/Netherlands: Supreme courts rule on EU VAT exempt income treatment (italicized as key jurisdictional highlights).

Key Events:

• Italy Reversed US investment fund withholding interpretation.
• Danish employee-to-German affiliate PE ruling illustrated factors for PE existence.
• CZ Presidency confirmed continued work on MTD with discussions ongoing.
• Carbon Border Adjustment Mechanism (CBAM) targeted for agreement December 2022.

This summary maintains the key points from the text while ensuring format conformance and relevance.