The European Commission has published a Consultation, which marks the commencement of a comprehensive multi-year review of the major cross-border issues faced by EU citizens, and proposes solutions for them.
Explaining the rationale of the review, launched on December 20, the Commission
stated: “When individuals move or work or invest abroad, they can encounter
double taxation and other difficulties such as in claiming tax refunds and in
obtaining information on foreign tax rules. The Communication announces plans
in some areas such as cross-border income, inheritance taxes, dividend taxes,
car registration taxes and e-Commerce. Today's Communication also aims to see
where further action could be taken, at both EU and national level, to make
member states' tax systems more compatible so that citizens will not be deterred
from engaging in cross-border activities.”
Commenting, Algirdas Šemeta, Commissioner for Taxation, Customs, Anti-fraud
and Audit, added:
"Taxation has a crucial role to play in strengthening the Internal Market
and re-building a strong and sustainable European economy. Good tax policies
can promote employment, investment and growth. Today's Communication is another
step forward in overturning tax obstacles and promoting fair taxation within
the EU, so that citizens can enjoy all the benefits that the Single Market has
to offer."
According to the Commission, each year a substantial proportion of all complaints
and queries received from EU citizens relate to cross-border tax issues. The Commission said these complaints cover a whole range of issues from the
difficulties caused by complex foreign tax rules, to lack of clear information
for foreigners, to conflicting systems in different member states.
Taxpayers' correspondence to the Commission often highlights recurrent issues,
according to the Commission's report. These issues include:
- Cross-border workers facing difficulties in getting tax allowances, relief
and deductions from foreign tax authorities, and are frequently subject to
double taxation;
- Citizens who buy foreign real estate often missing out on tax exemptions
or are obliged to pay higher property taxes than residents, while those moving
or buying cars cross-border face double registration taxes;
- People with foreign investment income find it difficult to claim entitlements
to relief from withholding taxes applied by foreign countries;
- Many people with foreign pension funds experience problems with deductions
and cross-border transfers, while inheritances from another member state are
often subject to higher succession duties or double taxation; and,
- E-shopping is also severely hampered by tax obstacles such as complicated
Value-Added Tax (VAT) rules and reporting requirements, with the result that only 7% of goods
traded within the EU are bought online from another member state.
In addition, the Commission has reported that half of the tax infringement
proceedings that it launches every year in the tax area relate to citizens'
complaints. However, infringements do not solve everything, the Commission said. "The best way to
solve issues such as double taxation and administrative complexities lies in
proper cooperation between member states," the report argues.
According to the Communication, member states should design and implement
tax measures and practices in a way which does not deter citizens from engaging
in cross-border activities. They should also coordinate more closely with each
other in order to prevent mismatched tax rules from creating obstacles and barriers
to the International Market.
Alongside the publication of the report the Commission intends to ramp up
its activities to help make member states' tax systems more compatible, and
to propose concrete measures to prevent or remove tax problems for EU citizens.
With this object, the Commission, in its Communication, outlines a number of
initiatives in this field, including:
- A Communication on double taxation, scheduled for publication in 2011, examining
the extent and gravity of this problem across the EU, followed by legislative
proposals in 2012, proposing solutions;
- Proposals in mid-2011 to address cross-border inheritance tax problems;
- Measures to resolve the double taxation that can arise when a car that is
first registered in one member state and then moved to and re-registered in
another member state;
- The extension of a "one-stop-shop" system for e-Commerce, in order
to make reporting obligations for businesses much simpler and easier for them
to offer goods and services online to foreign consumers. Obstacles to e-Commerce
will also be addressed within the review of the EU's VAT System for which
a consultation is currently open; and
- Proposals in 2012 to solve problems related to the taxation of cross-border
dividend payments.
In addition, the Commission intends to promote a wide dialogue amongst national
authorities and stakeholders to see what else could be done to simplify tax
measures to the benefit of citizens and the Internal Market. Ideas include standardised
tax claim and declaration forms throughout the EU; single info-points where
workers and investors could get clear and reliable tax information; and special
tax measures at national level to cater for the needs of mobile and border workers.
The Commission has said it is to comment on its progress in tackling cross-border
tax problems within its Citizenship report, due for publication in 2013.