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The Resource Are the OECD/G20 pillar two GloBE-rules compliant with the fundamental freedoms?

G20 pillar two GloBE-rules compliant with the fundamental freedoms? represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.
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Summary: In this article, the authors focus on whether the Global Anti-Base Erosion (GloBE) rules, as set out in a Blueprint of October 2020, comply with the EU fundamental freedoms. This compatibility is tested in two distinct scenarios. In the first scenario, the assumption is taken that the GloBE-rules will be implemented directly by the Members States and in the second scenario, the assumption is taken that the GloBE-rules will be implemented indirectly through an EU Directive. The analysis of the first scenario shows that the GloBE-rules collide with the freedom of establishment. For the GloBE-rules to be fully in line with this freedom, it is recommended that they include a substance-based carve-out such as the one foreseen in Article 7(2) of the Anti-Tax Avoidance Directive (ATAD). The analysis of the second scenario, which focuses on the EU principles of subsidiarity and proportionality, shows that, even though the GloBE-rules might collide with the freedom of establishment, they could still be successfully implemented given the broad discretion that the Court of Justice of the European Union leaves to the Union legislature. Nonetheless, also here recommendations are made to reduce disproportionate frictions

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Label: Are the OECD/G20 pillar two GloBE-rules compliant with the fundamental freedoms?

Title: Are the OECD/G20 pillar two GloBE-rules compliant with the fundamental freedoms?

Summary: In this article, the authors focus on whether the Global Anti-Base Erosion (GloBE) rules, as set out in a Blueprint of October 2020, comply with the EU fundamental freedoms. This compatibility is tested in two distinct scenarios. In the first scenario, the assumption is taken that the GloBE-rules will be implemented directly by the Members States and in the second scenario, the assumption is taken that the GloBE-rules will be implemented indirectly through an EU Directive. The analysis of the first scenario shows that the GloBE-rules collide with the freedom of establishment. For the GloBE-rules to be fully in line with this freedom, it is recommended that they include a substance-based carve-out such as the one foreseen in Article 7(2) of the Anti-Tax Avoidance Directive (ATAD). The analysis of the second scenario, which focuses on the EU principles of subsidiarity and proportionality, shows that, even though the GloBE-rules might collide with the freedom of establishment, they could still be successfully implemented given the broad discretion that the Court of Justice of the European Union leaves to the Union legislature. Nonetheless, also here recommendations are made to reduce disproportionate frictions

Citation source: In: EC tax review. - Alphen aan den Rijn. - Vol. 30 (2021), no. 3 ; p. 86-98

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Label: Are the OECD/G20 pillar two GloBE-rules compliant with the fundamental freedoms?

Label: Are the OECD/G20 pillar two GloBE-rules compliant with the fundamental freedoms?

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