European Direct Tax

The European Direct Tax Committee covers income-based tax aspects of European operations, including tax treaty matters, and develops the Institute’s positions and submissions to taxing authorities in European countries, as well as the European Union and OECD.

EMEA DIRECT TAX

Staff Liaison:

Ben Shreck, Tax Counsel
202.464.8353

 

EU BEFIT Initiative - TEI Comments

On January 22, 2024, TEI submitted to the European Commission regarding the Commission's proposed directive on Business in Europe: Framework for Income Taxation ("BEFIT"), which aims to simplify corporate income taxation among EU members states. TEI's comments focused on the interaction between BEFIT and the OECD's Pillar Two initiative, which may lead to unintended consequences, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee. TEI Tax Counsel, Benjamin R. Shreck, coordinated the drafting of TEI's comments.

Proposed EU Transfer Pricing Directive - TEI Comments

On January 3, 2024, TEI submitted a comment letter to the European Commission regarding its proposal for a transfer pricing directive. TEI's comments focused on the need to coordinate certain of the proposed directive's term definitions with how those terms are defined in other multinational settings, clarification to how corresponding and compensating adjustments are handled, as well the need for coordination of the transfer pricing rules with VAT and Customs duties, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee. Benjamin R.

GloBE Information Return - TEI Comments

On October 6, 2023, TEI submitted comments to the OECD and European Commission regarding the GloBE Information Return ("GIR") under Pillar Two of the OECD's two pillar approach to the tax challenges arising from the digitalization of the economy. TEI's comments focused on the volume of information required to be reported on the GIR, statute of limitations issues, timing of tax filings, and tax payment issues, among other things. TEI's comments were prepared by its EMEA Direct Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.

Pillar One - Amount B: TEI Comments to the OECD

On September 1, 2023, Tax Executives Institute, Inc. ("TEI") submitted comments responding to the OECD's public consultation document regarding Pillar One - Amount B. TEI recommended the OECD make Amount B an elective safe-harbor for multinational enterprises, increase the scope of the definition of "distributor," and enhance the mechanisms for dispute prevention and resolution, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee, whose Chair is Sandra Esteves. Benjamin R.

Certain Aspects of OECD Pillar Two - TEI Comments

On August 14 2023, TEI submitted comments to the OECD regarding certain aspects of the OECD's Pillar Two initiative. TEI's comments were provided as a follow up to the Institute's June 6 meeting with representatives from the OECD. The Institute's comments focused on issues arising from disputed tax amounts, administration of the GloBE information return, as well as the various Pillar Two safe harbors. The Institute's comments were led by TEI's EMEA Direct Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of the Institute's comments.

Australian Public CbC Reporting - TEI Comments

On July 21, 2023, TEI submitted a second set of comments to the Australian Senate Standing Committees on Economics regarding a proposal to require public disclosure of certain country-by-country ("CbC") report information. The Institute's comments included concern regarding the extraterritorial scope of the proposal, the inconsistency of the required disclosure with the CbC information reported under BEPS Action 13, and the lack of safeguards for commercially sensitive information. TEI's comments were prepared under the aegis of its EMEA Direct and Asia Tax Committees. Benjamin R.

TEI Comments on Australian Intangible Payment Deduction Denial Proposal

On April 28, 2023, TEI submitted comments to the Australian Treasury regarding the Treasury's proposal to deny deductions for certain intangible payments to related entities. The Institute primarily focused on the inconsistency and prematurity of the proposal given the ongoing OECD negotiations regarding the global anti-base erosion model rules. TEI's comments were developed under the aegis of its European Direct and Asia Tax Committees. Benjamin R. Shreck, TEI tax counsel, coordinated the preparation of the Institute's comments.

 

TEI Comments on Australian Public CbC Reporting Proposal

On April 28, 2023, TEI submitted comments to the Australian Treasury regarding the Treasury's proposal to require certain companies to publicly disclose tax information on a country-by-country ("CbC") basis. TEI's comments focused on the differences between the Australian proposal and other initiatives to publicly report CbC data around the world, which could lead to confusion, among other things. TEI's comments were prepared under the aegis of its European Direct and Asia Tax Committees. Benjamin R. Shreck, TEI tax counsel, coordinated the development of TEI's comments.

 

TEI Comments on OECD Pillar Two GloBE Tax Certainty Consultation

On February 3, 2023, TEI provided comments to the Organisation for Economic Co-operation and Development ("OECD") regarding its public consultation on GloBE tax certainty under the OECD's two pillar approach to the tax consequences of the digitalization of the economy. The Institute's comments focused on preventing and resolving tax disputes arising from the GloBE rules. TEI recommended the OECD certify that jurisdictional laws implementing the GloBE rules are consistent with those rules, required jurisdictions adopting the GloBE rules commit to dispute resolution, among other things.

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