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EU corporate tax plan deals blow to Irish

Published 16 March 2011 - Updated 18 March 2011
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The EU wants to allow companies to file one single European tax return to avoid unnecessary administrative burdens, but the Irish government and businesses claim the move is an affront to Ireland's low corporate tax in all but name. 

Today (16 March) the European Commission unveiled the Common Consolidated Corporate Tax Base (CCCTB), a draft proposal which has been on the cards for years.

The plan comes at a time when Ireland's low corporate tax is at the heart of a row about getting countries to change their tax systems in exchange for bailouts.

The CCCTB was designed to make it easier for companies to run cross-border businesses. Profits made in a particular member state would be taxed according to the corporate tax rate of the country where the money was actually made.

The Commission insists that this is not about harmonising corporate tax rates, that the scheme will be voluntary and that it will reduce the administrative burden and boost cross-border ventures.

Newly-elected Irish Taoiseach Enda Kenny disagrees, as does the Irish Business and Employers' Confederation (IBEC).

Kenny has said he is opposed such moves as they introduce tax harmonisation by the back door. Kenny finds himself embroiled in a row with French President Nicolas Sarkozy, who asked Ireland to raise its low corporate tax, currently at 12.5%, to get a 1% discount on the interest rate it pays on its EU bailout.

At last week's EU summit, Kenny took on Sarkozy in a duel over tax when he pointed out that the French rate of 34% in practice translated into little more than 8% for most companies, because they can benefit from generous allowances and opt-outs. 

Ireland's effective rate was actually 11%, not 12.5%, as the country had eliminated its allowances, the Taoisaech reportedly told Sarkozy.

Echoing the sentiments of Irish Taoiseach Enda Kenny, Irish MEP Marian Harkin described President Sarkozy's demands to lower the Irish corporation tax as a "lot of hot air", arguing that France's "effective" corporation tax was actually lower than Ireland's.

"Businesses would not support this if it was mandatory," Fergal O'Brien, IBEC's chief economist, told EurActiv.

The economist was drawing from a recent study by Ernst & Young which concluded that a CCCTB would increase the effective rate of corporation tax for most companies and that there would be a 13% increase in compliance costs for business.

O'Brien also heavily criticised the proposal for excluding companies' intangible assets, like intellectual property and brand value, from its calculations because Ireland's technology companies primarily profit from these and not from "bricks and mortar" assets.   

"This tax model is based on the nineteenth century, not the twenty-first," O'Brien continued.

Positions: 

"There is a real danger that the CCCTB will make the EU less attractive as an investment location. The proposal's impact assessment, published by the Commission, has not proven the case that tax compliance costs would be reduced for business. The allocation mechanism will mean that many businesses could actually end up paying higher corporate taxes," said IBEC Director General Danny McCoy.

The Association of Chartered Certified Accountants welcomed the proposal. Its head of taxationChas Roy-Chowdhury, said in a statement today: "The creation of common corporate tax single set rules would allow companies to use the same methodology for calculating their profits and losses throughout the EU as well as helping reducing discretionary practices and thus decrease compliance costs - especially for SMEs, for which these costs are disproportionately higher."

Speaking for the European Conservatives and Reformists group in the European Parliament, Kay Swinburne MEP strongly criticised the Commission's proposal

"I fear that this is the first step towards a common tax rate in the EU which would be devastating for more competitive economies. Tax competition between EU countries makes us all more competitive on the international stage," said the UK Conservative MEP.

"The European Commission has completely missed the point. We need European countries to finally take on vested interests and reform their economies, not try to drag more competitive economies down," she added.

BusinessEurope, which represents businesses of all sizes in 34 countries, welcomed the proposal for a Common Consolidated Corporate Tax Base (CCCTB).

Philippe de Buck, director-general of BusinessEurope, said: "Obstacles to cross-border activity in the field of corporate taxation hamper business development and the growth potential of the Single Market. The proposal to develop a Common Consolidated Corporate Tax Base could help and is welcome under the condition that it remains a competitive option for companies and excludes any form of tax rate harmonisation."

Background: 

The European Commission has long sought to harmonise national corporate tax systems, claiming that this will contribute to its goal of creating more growth and jobs in Europe and boosting the competitiveness of EU companies (see EurActiv's Lisbon Agenda LinksDossier). 

Currently, there are 27 different systems in Europe for calculating a company's taxable earnings, making it costly and burdensome for businesses to operate in several member states. The Commission says creating a single tax base will encourage cross-border activities and investments. 

The idea of a common consolidated corporate tax base (CCCTB) was initially voiced in a 2001 communication but progress has been slow due to member states' reluctance to allow the Commission to encroach upon their national sovereignty in this area. 

A first report on progress to date and next steps towards a CCCTB was issued in April 2006. The Commission followed up a year later with a communication outlining the remaining steps to be taken to establish a single tax base for European companies by 2010.

But the plan has since been stuck in the pipeline due to opposition from at least seven member states, which fear losing their sovereignty over national tax. When the first progress report was debated in 2006, 12 countries were in favour and seven – Ireland, the UK, Lithuania, Latvia, Slovakia, Malta and Cyprus – were against. The rest were still undecided.

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