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European Commission Notice Published on EU Member States with Interest Limitation Rules Equally Effective to ATAD — Orbitax Tax News & Alerts

A Commission Notice on measures considered equally effective to Article 4 of the Anti-Tax Avoidance Directive was published in the Official Journal of the EU on 7 December 2018. The Notice concerns the provision of the EU Anti-Tax Avoidance Directive (ATAD) that allows EU Member States to delay implementing the ATAD interest limitation rules until 1 January 2024, provided that the Member States existing measures are equally effective to the ATAD rules. The Member States that are considered to have equally effective rules include Greece, France, Slovakia, Slovenia, and Spain. One Member State that is noticeably absent, is Ireland. As of November 2018, Ireland's view was that its current rules are equally effective and was considering options for transposing the ATAD interest limitation rule before 2023 and possibly as soon as Finance Bill 2019, which would normally include measures for 2020. Given that Ireland was not listed in the Commission Notice, it will likely need to accelerate the time frame for implementing new rules.