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EU Council Adopts EU Council Anti Tax Avoidance Directive

On 12 July 2016, the EU Economic and Financial Affairs Council (ECOFIN) formally adopted the Anti Tax Avoidance Directive. The Directive includes anti-avoidance rules in five areas based on outcomes of Actions 2, 3 and 4 of the OECD BEPS Project and certain other BEPS-related measures:

  • Interest limitation rules;
  • Exit taxation rules;
  • A general anti-abuse rule (GAAR);
  • Controlled foreign company (CFC) rules; and
  • Hybrid mismatch rules.

Click the following link for previous coverage of the rules.

The Directive will enter into force 20 days after it is published in the Official Journal of the EU, and EU Member States will generally have until 31 December 2018 to transpose the rules into their national laws and regulations, although the exit taxation rules must be transposed by 31 December 2019.

Click the following link for the press release on the adoption.

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