Thursday

17th Oct 2019

Opinion

The great EU corporate tax lie

  • The CCCTB is 'lacklustre, unacceptable policy-making' (Photo: ptmoney.com)

As three MEPs who take subsidiarity and proportionality seriously, we face an almost daily battle against a European Parliament and an EU Commission that, under the banner of fighting tax avoidance, are intent on rewriting the rules for corporate tax policy in the EU, exclusively for the benefit of larger member states.

Last week the Economic and Monetary Affairs Committee voted overwhelmingly in favour of recommendations to impose a Common Consolidated Corporate Tax Base (CCCTB) in Europe, a proposal that would completely change how companies are taxed in the EU.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

The commission first proposed CCCTB in 2011 but came up against significant resistance in the European Council. But if at first you don't succeed, then try again.

Thus, the commission proposed a revamped version of CCCTB in 2016; although this time instead of making it optional for businesses, they proposed that it would be mandatory for all companies with an annual turnover of more than €750m.

Harmonisation by back door

The CCCTB is in short the EU's attempt to completely harmonise corporation tax policy by the back door, creating a common system for taxing large companies across Europe.

Corporate tax is then consolidated according to a complicated set of criteria and distributed out to member states based on the level of economic activity that takes place in their jurisdiction.

The consolidation key favours – again – the larger member states where maybe the factories have been build, but not per se the place where due to high investments in research, development and innovation, the profit is actually being made.

It sounds great in principle. But in all this, it is the large member states have the most to gain and the small member states that have most to lose.

It is no secret that many large multinationals have based their EU headquarters in smaller member states like Ireland, Luxembourg and the Netherlands.

This development has not been looked on favourably by larger member states who feel they deserve their piece of the corporate tax pie. The commission seems to agree and that is why it has been on its CCCTB crusade for years, albeit with little success.

This CCCTB agenda has conveniently been associated with the whole debate surrounding tax evasion and tax avoidance which rightly must be tackled.

'Disingenuous' tax avoidance claims

But it is disingenuous to suggest that CCCTB will do much to curb tax avoidance. Pretending it will, comes close to a lie or is at least a serious misrepresentation of reality.

In fact, many tax experts have even said that CCCTB could open Europe up to more tax loopholes and create more tax mismatches with third countries.

In any case, proportional country-by-country reporting and the tackling of hybrid mismatches will go much further in the fight against aggressive tax planning.

Not surprisingly, the ECON recommendations as voted last week go further than the original commission proposal.

MEPs want the €750m threshold to be reduced to zero after seven years, meaning that eventually all European companies, even the smallest ones and those active in only one member state, would have to apply CCCTB.

Another bizarre suggestion

Sure, the report also has interesting suggestions, such as tech giants paying taxes on the basis of how much data has been used per member state, but again it is completely unclear what the consequences of this change would be.

At the end of the day, this file is for a decision by the European council, subject to unanimity voting rules. While we believe that member states should continue to discuss and negotiate this proposal, we do not agree that there should be a one-sided overhaul of corporate tax policy in the EU.

The key issue that member states will be asking about CCCTB is how much they stand to win or lose in terms of tax collection.

But one serious problem in the whole CCCTB process is that the commission has never conducted a comprehensive impact assessment on a country-by-country basis.

How does the commission really expect member states to sign up to a proposal if the impact hasn't been quantified?

Lacklustre policy-making

This type of lacklustre policy-making is not acceptable.

It is absolutely right that multinationals pay their tax in a transparent and upfront way.

The EU is rightly determined to meet and implement the new international standards that are slowly catching up with the new digital economy.

We do have to tackle aggressive tax planning but this is not only a European problem, it is a global problem. The best way to tackle this issue is on an internationally agreed basis through the OECD 'base erosion and profit shifting' (BEPS) process.

Let's have a fair and honest debate about corporate tax policy in the EU.

Consensus has always been the name of the game when making big decisions in the EU, which is furthermore crucial to maintain support for the EU in every member state.

The right to raise taxes is a core competence of a sovereign states.

A fundamental overhaul of tax systems, decided by a majority against the will and interest of a minority will in that regard do more harm than good.

It would therefore seem wise to turn this debate away from easy one-liners and over-simplification towards an approach that takes the concerns of all member states into account.

If this turns out to be impossible, then we should refocus the debate and concentrate our efforts where they can be most effective.

Dutch MEP Esther de Lange, Irish MEP Brian Hayes, and Swedish MEP Gunnar Hoekmark

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

EU states loosen grip on tax havens

Finance ministers removed eight entities from the tax havens blacklist, while ruling out more transparency or sanctions - prompting criticism from tax-campaigning NGOs such as Oxfam.

Luxembourg not a tax haven, claims PM

The prime minister of Luxembourg, Xavier Bettel, maintains that his country had broken no rules and committed no crime when issuing rulings that slashed global tax bills for the big firms.

It's time for the EU to stand up to transnational corporations

A new treaty, to be negotiated this week at the UN Human Rights Council in Geneva, aims to put an end to the 'organised irresponsibility' of transnational corporations on human rights and labour abuses. Time for EU to take note.

Nordic states urge U-turn on EU digital tax plans

Finance ministers of the EU's three Nordic countries have urged partners to shelve plans to tax large corporations for their digital turnover. The digital economy should be taxed where value is created, they say.

Defending the defenders: ombudsmen need support

Ombudsmen are often coming under attack or facing different kinds of challenges. These can include threats, legal action, reprisals, budget cuts or a limitation of their mandate.

Column

The benefits of being unpopular

Paradoxically, the lack of popularity may be part of the strength of the European project. Citizens may not be super-enthusiastic about the EU, but when emotions run too high in politics, hotheads may take over.

Stakeholders' Highlights

  1. Nordic Council of MinistersBrussels welcomes Nordic culture
  2. UNESDAUNESDA appoints Nicholas Hodac as Director General
  3. UNESDASoft drinks industry co-signs Circular Plastics Alliance Declaration
  4. FEANIEngineers Europe Advisory Group: Building the engineers of the future
  5. Nordic Council of MinistersNew programme studies infectious diseases and antibiotic resistance
  6. UNESDAUNESDA reduces added sugars 11.9% between 2015-2017
  7. International Partnership for Human RightsEU-Uzbekistan Human Rights Dialogue: EU to raise key fundamental rights issues
  8. Nordic Council of MinistersNo evidence that social media are harmful to young people
  9. Nordic Council of MinistersCanada to host the joint Nordic cultural initiative 2021
  10. Vote for the EU Sutainable Energy AwardsCast your vote for your favourite EUSEW Award finalist. You choose the winner of 2019 Citizen’s Award.
  11. Nordic Council of MinistersEducation gets refugees into work
  12. Counter BalanceSign the petition to help reform the EU’s Bank

Stakeholders' Highlights

  1. UNICEFChild rights organisations encourage candidates for EU elections to become Child Rights Champions
  2. UNESDAUNESDA Outlines 2019-2024 Aspirations: Sustainability, Responsibility, Competitiveness
  3. Counter BalanceRecord citizens’ input to EU bank’s consultation calls on EIB to abandon fossil fuels
  4. International Partnership for Human RightsAnnual EU-Turkmenistan Human Rights Dialogue takes place in Ashgabat
  5. Nordic Council of MinistersNew campaign: spot, capture and share Traces of North
  6. Nordic Council of MinistersLeading Nordic candidates go head-to-head in EU election debate
  7. Nordic Council of MinistersNew Secretary General: Nordic co-operation must benefit everybody
  8. Platform for Peace and JusticeMEP Kati Piri: “Our red line on Turkey has been crossed”
  9. UNICEF2018 deadliest year yet for children in Syria as war enters 9th year
  10. Nordic Council of MinistersNordic commitment to driving global gender equality
  11. International Partnership for Human RightsMeet your defender: Rasul Jafarov leading human rights defender from Azerbaijan
  12. UNICEFUNICEF Hosts MEPs in Jordan Ahead of Brussels Conference on the Future of Syria

Stakeholders' Highlights

  1. Nordic Council of MinistersNordic talks on parental leave at the UN
  2. International Partnership for Human RightsTrial of Chechen prisoner of conscience and human rights activist Oyub Titiev continues.
  3. Nordic Council of MinistersNordic food policy inspires India to be a sustainable superpower
  4. Nordic Council of MinistersMilestone for Nordic-Baltic e-ID
  5. Counter BalanceEU bank urged to free itself from fossil fuels and take climate leadership
  6. Intercultural Dialogue PlatformRoundtable: Muslim Heresy and the Politics of Human Rights, Dr. Matthew J. Nelson
  7. Platform for Peace and JusticeTurkey suffering from the lack of the rule of law
  8. UNESDASoft Drinks Europe welcomes Tim Brett as its new president
  9. Nordic Council of MinistersNordic ministers take the lead in combatting climate change
  10. Counter BalanceEuropean Parliament takes incoherent steps on climate in future EU investments
  11. International Partnership For Human RightsKyrgyz authorities have to immediately release human rights defender Azimjon Askarov
  12. Nordic Council of MinistersSeminar on disability and user involvement

Join EUobserver

Support quality EU news

Join us