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On the occasion of the publication of the updated version of the EU list of non-cooperative jurisdictions (the EU list) on 22 February 2021, PwC has prepared an updated overview of “defensive tax measures” applicable or proposed by the EU Member States. 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 of the following measures:
These are the so called “defensive tax measures”.
The publication is available here. The research work shows that 22 EU Member States have adopted or proposed at least one defensive measure in January 2021. This is in contrast to the previous publication (November 2020) where only 9 EU Member States had adopted or proposed at least one defensive tax measure.
The results of this publication are based on the input that was provided by the members of PwC’s EU Direct Tax Group (“EUDTG”).
On 5 December 2017, the Council of the European Union (the Council) adopted the first EU list. The EU list consists of non-EU countries that encourage abusive tax practices, which erode EU Member States’ corporate tax revenues. According to the Council, the EU list “is a tool to tackle: a) tax fraud or evasion, b) tax avoidance and c) money laundering.” Since December 2017, the EU list has been revised several times with the most substantial amendments taken place in March 2019 and February 2020. From 2020, the list is updated twice a year.
As of 22 February 2021, the EU list is composed of the following jurisdictions: American Samoa, Anguilla, Dominica, Fiji, Guam, Palau, Panama, Samoa, Seychelles, Trinidad and Tobago, the 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.
Manager Tax, PwC Netherlands
Tel: +31 (0)61 399 87 29
Rotterdam, PwC Netherlands
Tel: +31 (0)88 792 43 51