Hybrid mismatches with third countries

‘EU Legislation in Progress’ briefings aim to provide Members of the European Parliament with systematic and automatic analysis on all substantial proposals for EU legislation at every stage of the legislative procedure. Each contains an account of the purpose, content and legal aspects of the legislation proposed, in particular analysing what the legislation would change, as well as any previous legislation and the background. An overview of stakeholders’ views is also provided, as well as the opinions of national parliaments and the two advisory committees.

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The briefings are continuously updated as they pass through the policy making process and the source url hyperlink above should take you to the latest available version.Hybrid mismatch is a situation where a cross-border activity is treated differently for tax purposes by the countries involved, resulting in favourable tax treatment. Hybrid mismatches are used as aggressive tax planning structures, which in turn trigger policy reactions to neutralise their tax effects.

When adopting the Anti-Tax Avoidance Directive in July 2016, the Council requested that the European Commission put forward a proposal on hybrid mismatches involving third countries. The amendment proposed by the Commission on 25 October 2017 broadens the provisions of the directive accordingly. It seeks to neutralise mismatches by obliging Member States to deny the deduction of payments by taxpayers or by requiring taxpayers to include a payment or a profit in their taxable income.

As this is a tax measure, the European Parliament is consulted only, and the proposal will be adopted by the Council of the European Union.

The proposal was adopted by the Council of the European Union on 29 May 2017.

EP: EPRS: Briefing: EU Legislation in Progress http://epthinktank.eu/eu-legislation-in-progress/

ESO: Background information: Proposal for a Council Directive amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries (COM(2016)687) http://www.europeansources.info/record/proposal-for-a-council-directive-amending-directive-eu-2016-1164-as-regards-hybrid-mismatches-with-third-countries/

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