Examining the revised EC Anti-Tax Avoidance Directive

The Economic and Financial Affairs Council (ECOFIN) of the European Union has now approved the draft Anti-Tax Avoidance Directive (ATAD) initially proposed by the European Commission that will soon be adopted by European Parliament. The EC claims ATAD seeks to ensure a consistent and uniform implementation of BEPS recommendations across the EU, with five key measures: general interest limitation rule; exit taxation; the GAAR; controlled foreign companies rules; and hybrid mismatch framework. The measures go beyond providing a mere framework, significantly restricting a member state’s ability to set its own tax policy. This is supranational law and, unlike the BEPS project, has been forced on member states without any coherent, analytical or reasoned opposition. Whether the UK is included in ATAD depends on the terms of its exit from the EU.