EU: June ECOFIN Council debates mandatory AEoI, tax rulings and Interest & Royalties Directive

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU: June ECOFIN Council debates mandatory AEoI, tax rulings and Interest & Royalties Directive

van-der-made.jpg

Bob van der Made

Proposal for mandatory automatic exchange of information (AEoI) with regard to tax rulings (DAC3)

Selected issues discussed:

  • The scope and timing of information to be exchanged, and further alignment with work carried out by the OECD;

  • The exemption of bilateral and multilateral advance pricing agreements (APAs) with third countries; and

  • The European Commission's role in the new mechanism with regard to DAC3, since the Commission is not a competent tax authority.

A number of finance ministers intervened in the ECOFIN public session: France, Germany, Ireland, Malta, Netherlands, Poland, Slovakia, Slovenia, Spain, Sweden and the UK. Most member states came out publicly in favour of the proposal, even though Council working group negotiations on the proposal apparently made very little progress in July.

Luxemburg said during the ECOFIN debate that it is an absolute priority for the Luxembourg EU Council presidency to adopt this proposal before the end of its presidency term (December 31 2015).

Interest & Royalties Directive Recast Proposal

To make progress on this 2011 Recast Proposal, the six-monthly rotating Latvian EU Council Presidency (January 1 2015 – June 30 2015) proposed to split up the Commission proposal in order to focus first on incorporating a GAAR clause, similar to the one added in January 2015 to the EU's Parent-Subsidiary Directive (that is, acting as a de minimis rule), while Council work would continue, in the meantime, on other remaining elements of the Directive, including:

  • a minimum effective level of taxation (not foreseen in the Commission's original proposal);and

  • a requirement for member states to inform each other in the event of the GAAR being invoked.

The Latvian presidency suggested that the above elements should be dealt with as part of the Recast Proposal, but it found no real traction on this during the ECOFIN meeting. Germany, France, Austria, Czech Republic, Greece and Italy insisted during the meeting that discussions in the Council should continue on the Interest & Royalties Directive Recast Proposal as a whole.

Bob van der Made (bob.van.der.made@nl.pwc.com)

PwC Brussels

Tel: +31 88 792 3696

Website: www.pwc.com/eudtg

more across site & shared bottom lb ros

More from across our site

PwC Australia’s response to its tax leaks scandal could give KPMG a useful case study, but so far there’s little sign of positive lessons learned
Tom Goldstein’s attempt to overturn his tax conviction was shot down; in other news, Deloitte promoted several tax partners in Italy
The tax advisory firm becomes the latest member of the Andersen Global network, which has more than 50,000 professionals worldwide
A revised Chapter VII signals a move away from mechanical TP approaches, stressing transaction understanding, functional analysis and context-driven documentation requirements
HMRC’s growing focus on evidencing tax decisions is shifting attention from technical accuracy to governance, requiring businesses to demonstrate how positions were reached and documented
Australia’s Department of Finance will also commission an independent review of KPMG’s governance, culture, ethics and integrity frameworks, it has revealed
In the second instalment of this two-part series, Jayne Stokes takes a practical approach to navigating the capital v revenue question for UK R&D claims for software development, and shares pointers for businesses
ITR's latest podcast considers how transformational the buyout could be in Ryan's quest for global advisory reach and analyses a recent boom in demand for private client advisory services
The event comes at an important moment for professionals dealing with practical realities related to this practice area
Germany’s dogmatic restriction of third-party investment in tax advisory firms will only serve to slow down innovation and access to justice
Gift this article