EU list of non-cooperative tax areas

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The EU list of non-cooperative jurisdictions ( English EU list of non-cooperative jurisdictions for tax purposes , including: Black EU list of tax havens ) is by the finance ministers of the EU Member States of the European Union decided (EU).

The first such blacklist was adopted on December 5, 2017 by the finance ministers of the member states of the European Union at a meeting in Brussels . In this first list, 17 countries were listed that do not comply with agreed or internationally widely recognized standards in the tax area. The list serves to combat tax evasion and avoidance . This is to enable the European Union to deal more closely with external threats to the tax bases of the Member States and to take action against third countries that refuse to act fairly on tax issues.

history

In May 2016, the EU finance ministers approved the new admission process set out in the external strategy. They agreed on common criteria for evaluating selected countries. In September 2016 the Commission started pre-screening 213 countries using more than 1600 different indicators. The Code of Conduct Group , which consists of tax experts from the EU member states in the Council, was then asked in September 2016 to accompany the process and to present an initial list by the end of 2017.

Goals and Measure

For the European Union this is one of the measures with which it wants to ensure that internationally agreed or recognized standards in the tax area are complied with. As a result, tax evasion to the detriment of the EU member states is prevented. To this end, the EU demands z. B. from third countries:

  1. Transparency and compliance with international standards,
  2. fair tax laws, competition and regulations, and
  3. Implementation of BEPS and no tax subsidies for letter box companies or other tax avoidance structures etc. with which avoidance is possible.

Union Member States have not been pre-assessed for this list because this list is intended to be a tool for addressing external threats to the tax bases of Union Member States and also a means of dialogue and cooperation with international partners on tax issues. Within the EU there are already various instruments to ensure fair and transparent taxation between the EU member states. So z. B. Measures against tax abuse, far-reaching transparency regulations or measures to prevent tax avoidance. The proposals of the OECD BEPS measures and the international transparency standards are already anchored in EU law.

From June 2019, stricter transparency criteria will come into force, which will require a reassessment of all previously audited states and territories to ensure that they are in line with EU and OECD regulations. The EU approval criteria will also be updated in the future as necessary.

Process and Participants

The idea of ​​this “black list” was developed by the European Commission and then followed up by the EU member states. The European Parliament supports these measures very widely. Even before the list was drawn up in 2017, the planned measure alone led many countries to become actively involved in preventing them from being included in this list. The process of including and monitoring the development of uncooperative tax areas on this list is based on four main stages: 

Auswahl (Selecting) – Untersuchung (Screening) – Auflistung (Listing) – Überwachung (Monitoring).

Preliminary examination

Using more than 1,600 indicators in September 2016, the European Commission pre-examined 213 states or sovereign territories. On September 14, 2016, a compilation ( scoreboard ) of these results of the preliminary analysis was drawn up and made available to the experts of the Union member states. The indicators included a. tax transparency, stability of the financial markets, function of the judiciary, legal and institutional stability of governments, certain risk factors, existence of agreements with the EU, economic relations with the EU. Based on this compilation, the Union member states had a basis for deciding which states should be examined in more detail in the further process.

selection

On the basis of the preliminary examination by the European Commission, all states concerned were invited to explain the results and to cooperate. Possible errors and inaccuracies were clarified in this phase. The 48 least developed countries with no financial centers were automatically excluded from further investigation. Other developing countries without financial centers have been given more time to remedy shortcomings.

examination

In November 2016, the EU member states approved the selection criteria. Experts from the Union member states assessed the tax systems of the selected 92 states and territories. A solution could be found quickly for 20 and 72 were asked to correct deficiencies. Dialogues, meetings, conferences, etc. took place with those responsible in the states or territories concerned. Of the 72 states or sovereign territories, 47 undertook to rectify defects immediately, while a longer period was agreed for eight.

2017 committed to the following improvements (examples)

  • Transparency standards: Armenia; Bosnia and Herzegovina; Botswana; Cape Verde; Hong Kong Special Administrative Region; Curacao; Fiji; Former Yugoslav Republic of Macedonia; Jamaica; Jordan; Maldives; Montenegro; Morocco; New Caledonia; Oman; Peru; Qatar; Serbia; Swaziland; Taiwan; Thailand; Vietnam.
  • fair taxation: Andorra; Armenia; Aruba; Belize; Botswana; Cape Verde; Cook Islands; Curacao; Fiji; Hong Kong Special Administrative Region; Jordan; Labuan Island; Liechtenstein; Malaysia; Maldives; Mauritius; Morocco; St. Vincent and the Grenadines; San Marino; Seychelles; Switzerland; Taiwan, Thailand, Turkey; Uruguay; Vietnam.
  • Change of Substantive Requirements: Bermuda; Cayman Islands; Guernsey; Isle of Man; Jersey; Vanuatu.
  • Application of the OECD BEPS measures: Albania; Armenia; Aruba; Bosnia and Herzegovina; Cape Verde; Cook Islands; Faroe Islands; Fiji; Former Yugoslav Republic of Macedonia; Greenland; Jordan; Maldives; Montenegro; Morocco; Nauru; New Caledonia; Niue; St. Vincent and the Grenadines; Serbia; Swaziland; Taiwan; Vanuatu.

Only the states or sovereign territories that have not committed to solving the identified problems were included in the EU list of non-cooperative tax areas , which the experts of the EU member states developed as a first draft for an EU list and submitted to the EU finance ministers .

listing

On December 5, the finalization of the list of the 17 states that did not commit, or did not commit within a reasonable time, to solve the problems identified. The states concerned have been informed of their inclusion in the EU list of non-cooperative tax areas .

The 2017 list of uncooperative countries includes: American Samoa , Bahrain , Barbados , Grenada , Guam , Macau , Marshall Islands , Mongolia , Namibia , Palau , Panama , Saint Lucia , Samoa , South Korea , Trinidad and Tobago , Tunisia , United Arab Emirates .

A country or territory is removed from the list as soon as it has agreed to cooperate and the tax system has been brought fully in line with the required criteria.

It did so for the first time on January 23, 2018. Eight territories were removed from the list and added to the gray list after commitments were made at a high political level to address EU concerns (Barbados, Grenada, Macau, Mongolia, Panama , South Korea, Tunisia and United Arab Emirates). On 13 March 2018, the Council of Bahrain, the Marshall Islands and St. Lucia from the remote Black List and put them on the gray list and added the Bahamas , Saint Kitts and Nevis and the US Virgin Islands to blacklist added. On May 25, 2018, the Council removed the Bahamas, St. Kitts and Nevis from the Black List and added them to the Gray List . On October 2, 2018, the Council removed Palau from the black list and added it to the gray list and determined that Liechtenstein and Peru comply with all obligations and therefore removed them from the gray list . As of October 2, 2018, American Samoa, Guam, Namibia, Samoa, Trinidad and Tobago and the US Virgin Islands were on the black list .

The list was revised again in March 2019. Now American Samoa, Aruba, Barbados, Belize, Bermuda, Dominica, Fiji, Guam, Marshall Islands, Oman, Samoa, Trinidad and Tobago, US Virgin Islands, Vanuatu and the United Arab Emirates are on or again on this EU list of not cooperative tax areas.

monitoring

Monitoring is an ongoing dynamic process. The EU list of non-cooperative tax areas is updated at least once a year and, depending on developments, Member States may decide to check even more countries. A first interim report is to be published by mid-2018. The European Commission and Union Member States will continue to closely monitor all countries and territories to ensure that commitments are being met.

Consequences

Consequences in the form of deterrent sanctions and measures should lead to the fact that all states that are on the EU list of non-cooperative tax areas are interested in being regarded as cooperative tax areas again as soon as possible.

Examples of consequences:

  • In the future, EU funds under the able European Fund for Sustainable Development (EFSD), the European Fund for Strategic Investments (EFSI) and the external mandate (ELM) will not be led more companies in these countries listed. Only direct investments in these countries (i.e. the financing of local projects) are permitted in order to continue to enable the development and sustainability goals.
  • More stringent reporting requirements are required for multinational companies with activities in listed countries.
  • As part of the transparency requirements for intermediaries, financing channels that are routed through a listed country are automatically reported to the tax authorities.
  • The Union member states can also agree on coordinated sanctions that apply at national level against a listed state or territory. This can e.g. B. be: such as increased monitoring and audits, withholding taxes, special documentation requirements and anti-abuse provisions.

Differentiation from similar lists

Similar “black lists” already exist. A list published by the OECD focused on countries that did not meet international transparency standards, as requested by the G20 . The EU list includes more criteria in this regard (e.g. in addition to transparency, the obligation to fair taxation, compliance with the BEPS standards and the level of taxation that no “letterbox company” etc. are promoted or supported).

The Pan-EU list published by the European Commission in June 2015 is a summary of very different, partly incomplete national lists of the Union member states, while the new EU list of non-cooperative tax areas is a fully coordinated EU project. It was conceived, developed and administered at EU level. The criteria and process are uniformly agreed by the EU finance ministers in the ECOFIN Council , and the EU member states worked together to review selected countries and decide which should be listed. The final EU list was unanimously approved by the member states in the Council. The Pan-EU list is thus a forerunner of the EU list of non-cooperative tax areas .

The List of Anti-Money Laundering Strategies (AML) focuses on countries with poor anti-money laundering and terrorist financing regulations. This mainly focuses on the criteria of the Financial Action Task Force on Money Laundering (FATF) in dealing with countries that have not implemented or comply with internationally agreed anti-money laundering standards. Banks are obliged to control the financial flows in these states or sovereign territories with a higher duty of care. The EU list of non-cooperative tax areas and the list of anti-money laundering strategies complement each other, as this guarantees a double protection of the internal market against external good governance risks .

Web links

Individual evidence

  1. ^ So: Pierre Moscovici, EU Commissioner for Economy, Finance and Taxes.
  2. ↑ Fair taxation: EU publishes list of non-cooperative states , website of the European Commission , press release of December 5, 2017.
  3. ↑ Questions and Answers on the EU list of non-cooperative tax jurisdictions , European Commission, MEMO / 17/5122.
  4. ^ First step towards a new EU list of third country jurisdictions: Scoreboard , European Commission, DG Taxation and Customs Union, September 13, 2016.
  5. ↑ Questions and Answers on the EU list of non-cooperative tax jurisdictions , European Commission, MEMO / 17/5122.
  6. ↑ COUNCIL CONCLUSIONS on the criteria for and process leading to the establishment of the EU list of noncooperative jurisdictions for tax purposes , ECOFIN Council, 8 November 2016, 14166/16 FISC 187 ECOFIN 1014.
  7. ↑ Questions and Answers on the EU list of non-cooperative tax jurisdictions , European Commission, MEMO / 17/5122.
  8. ^ So: Pierre Moscovici , EU Commissioner for Economy, Finance and Taxes.
  9. ↑ European Commission - Press release Fair Taxation: Commission launches work to create first common EU list of non-cooperative tax jurisdictions , press release of the European Commission of September 15, 2016, IP / 16/2996.
  10. ^ First step towards a new EU list of third country jurisdictions: Scoreboard , European Commission, DG Taxation and Customs Union, September 13, 2016.
  11. ↑ Questions and Answers on the EU list of non-cooperative tax jurisdictions , European Commission, MEMO / 17/5122.
  12. ↑ Fair taxation: EU publishes list of non-cooperative states , website of the European Commission , press release of December 5, 2017.
  13. ↑ The states or territories of Antigua and Barbuda , Anguilla , Bahamas , British Virgin Islands , Dominica , St. Kitts and Nevis , Turks and Caicos Islands , and the US Virgin Islands received special treatment because of the hurricane in the summer of 2017.
  14. ↑ For details see: EU list of non-cooperative jurisdictions for tax purposes , dated December 5, 2017, 15429/17, FISC 345, ECOFIN 1088.
  15. ↑ a b c d e f Questions and Answers on the EU list of non-cooperative tax jurisdictions , European Commission, MEMO / 17/5122.
  16. ↑ Common EU list of third country jurisdictions for tax purposes - Evolution of the EU List .
  17. ↑ Taxation: EU list of non-cooperative countries and territories , website of the European Council.
  18. ↑ Taxation: Council revises the EU list of non-cooperative countries and areas , website of the European Council of March 12, 2019.
  19. ↑ EU list of non-cooperative jurisdictions for tax purposes , dated December 5, 2017, 15429/17, FISC 345, ECOFIN 1088.
  20. ↑ Questions and Answers on the common EU list of non-cooperative tax jurisdictions , press release of the European Commission of September 15, 2016, MEMO / 16/2997.
  21. ↑ A nti M oney L aundering