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PwC has prepared an updated overview of defensive tax measures applicable or proposed by EU Member States. This overview follows the updated version of the EU list of non-cooperative jurisdictions (the EU list) of 24 February 2022, to which these measures are linked. EU Member States committed at a political level, to use the EU list, as of 1 January 2021, in the application of at least one of four so-called ‘defensive tax measures’:
The publication is available here. It serves as an update of the previous publication (March 2021). Up-to-date information regarding the defensive tax measures as well as new interesting observations are included in this updated publication. The results of this publication are based on the input that was provided by the members of PwC’s EU Direct Tax Group (EUDTG).
The EU list of non-cooperative jurisdictions (the EU list) is a tool of the European Union to promote fair tax competition and address harmful tax practices. The list consists of non-EU countries that were assessed against agreed criteria for tax good governance and is updated twice per year. The EU list includes countries that either have not engaged in a constructive dialogue with the EU on tax governance or have failed to deliver on their commitments to implement the necessary reforms. Those reforms should aim to comply with a set of objective tax good governance criteria.
As of 24 February 2022, the EU list is composed of the following jurisdictions: American Samoa, Fiji, Guam, Palau, Panama, Samoa, Trinidad and Tobago, US Virgin Islands and Vanuatu.
For more interesting observations, we refer you to the updated publication.
A transaction related to a country included in the EU list may have important consequences not only in your EU Member State of residence but also in other EU Member States in which activities are performed. In addition, given that the EU list will be updated twice per year, the listing of a country may have immediate consequences in certain EU Member States as regards to their defensive tax measures. Therefore, you should be able to monitor the defensive measures applicable or proposed in each EU Member State and follow the (policy) developments with regard to the EU list. With the help of PwC’s broad European network, we are able to assist you in this.
Senior Manager Tax, PwC Netherlands
Tel: +31 (0)61 399 87 29