Opinion Statements

CFE Opinion Statement : Response to Consultation on the OECD BEPS Action 6 Public Discussion Draft on non-CIV examples

On 2 February 2017 the CFE Fiscal Committee submitted the folowing Opinion Statement in response to an OECD Public Consultation entitled: 

'Interaction between the tax treaty provisions of the report on BEPS Action 6 and the treaty entitlement of non-CIV funds'

The Discussion Draft includes three draft examples with regard to the treaty entitlement of non-CIV Funds when applying the principle purpose test (hereinafter “PPT”) as described in the BEPS Action 6 final report. The CFE response provides comments on these three draft examples.

The CFE Response is available here.  

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CFE Opinion Statement on the EC consultation 'Effective Disincentives for Tax Advisers'

In respect of the European Commission public consultation 'Introducing Effective Disincentives for Advisors and Intermediaries of Potentially Aggressive Tax Planning Schemes', the CFE has adopted on 15 February 2017 a Joint Opinion Statement of its Fiscal and Professional Affairs Committees. The adopted Opinion Statement PAC/FC 1/2017, accompanies the remarks submitted on behalf of CFE to the European Commission questionnaire. 

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CFE Opinion Statement on Case C-464/14 Secil & the discriminatory treatment by Portugal of dividends received from third countries (ECJ-TF 1/2017)

The CFE ECJ Task Force has published an Opinion Statement on Case C-464/14, SECIL, in which the judgment of the 5th Chamber of the Court of Justice of the European Union (ECJ) was delivered on 24 November 2016. The Opinion Statement was submitted to the relevant European Institutions in February 2017. 

The case concerned the discriminatory Portuguese taxation of dividends received by corporate shareholders from their subsidiaries in third States, namely in Lebanon and Tunisia. In a clear and instructive judgment, the Court not only clarified the scope and impact of the Treaty provisions on free movement of capital but also the legal ramifications of the Euro-Mediterranean Agreements with Lebanon and Tunisia.

The Opinion Statement is available below. 

 

 

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PDF icon ECJ-TF_1-2017_SECIL.pdf664.66 KB

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