Taxation of Controlled Foreign Companies in Context of the OECD/G20 Project on Base Erosion and Profit Shifting as well as the EU Proposal for the Anti-Tax Avoidance Directive – An Interim Nordic Assessment

Nordic Tax Journal, Issue 2, pp. 87-112, 2016, DOI: 10.1515/ntaxj-2016-0005

26 Pages Posted: 16 Dec 2018 Last revised: 10 Jan 2019

Date Written: December 10, 2016

Abstract

Recently, the controlled foreign company (CFC) rules have gained increased attention; as such, rules play an important role in the ongoing efforts of the OECD/G20 and the European Commission with respect to addressing base erosion and profit shifting (BEPS). In this context, the article revisits the CFC regimes of the Nordic countries in order to assess whether these regimes are in line with the recommendations from the OECD/G20 and to determine whether Sweden, Finland, and Denmark, as EU member states, will have to make amendments if the commission’s proposal for an Anti-Tax Avoidance Directive is adopted in its current form. It is concluded that the Nordic CFC regimes in many ways already are in line with the recommendations as well as the directive, but also that certain amendments have to be made.

Keywords: CFC legislation, BEPS, Anti-Tax Avoidance Directive, comparative law, EU law, tax treaties

Suggested Citation

Koerver Schmidt, Peter, Taxation of Controlled Foreign Companies in Context of the OECD/G20 Project on Base Erosion and Profit Shifting as well as the EU Proposal for the Anti-Tax Avoidance Directive – An Interim Nordic Assessment (December 10, 2016). Nordic Tax Journal, Issue 2, pp. 87-112, 2016, DOI: 10.1515/ntaxj-2016-0005. Available at SSRN: https://ssrn.com/abstract=3290050

Peter Koerver Schmidt (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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