The Treasury has been urged to review anti-avoidance rules by the European
In a crackdown on tax avoidance legislation,
Kovács urged member states to review what structures they have in place to
ensure they are not restricting the single market.
Kovács, the commissioner responsible for taxation and customs union, said:
‘The recent rulings by the European Court of Justice in this field clearly show
that Member States need to urgently carry out a critical review of their
existing anti-abuse rules. I understand that member states need to ensure that
their tax bases are not unduly eroded because of abusive and overtly aggressive
tax planning schemes but we cannot tolerate disproportionate obstacles to
cross-border activity within the EU. I invite member states, in order to strike
the proper balance, together to explore the potential and scope for possible
Many UK corporate tax rules have been challenged by companies, who say they
restrict freedom of establishment and the free movement of capital.
have been brought over the ‘thin cap’ rules, as well as on controlled
foreign companies legislation.
The rules are designed to stop companies situating profits in countries with
low tax rates, but companies contend that such structures run contrary to the
aims of the European single market.
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