Directive 2023/2226 - Amendment of Directive 2011/16/EU on administrative cooperation in the field of taxation - Main contents
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official title
Council Directive (EU) 2023/2226 of 17 October 2023 amending Directive 2011/16/EU on administrative cooperation in the field of taxation| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2023/2226 |
| Regdoc number | ST(2023)10215 |
| Original proposal | COM(2022)707  |
| CELEX number i | 32023L2226 |
| Document | 17-10-2023; Date of adoption |
|---|---|
| Effect | 13-11-2023; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 31-12-2025; Adoption See Art 2.1 01-01-2026; Application See Art 2.1 31-12-2027; Adoption See Art 2.2 01-01-2028; Application See Art 2.2 31-12-2029; Adoption See Art 2.3 01-01-2030; Application See Art 2.3 |
Official Journal of the European Union |
EN Series L |
2023/2226 |
24.10.2023 |
COUNCIL DIRECTIVE (EU) 2023/2226
of 17 October 2023
amending Directive 2011/16/EU on administrative cooperation in the field of taxation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 113 and 115 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Acting in accordance with a special legislative procedure,
Whereas:
(1) |
Tax fraud, tax evasion and tax avoidance represent a major challenge for the Union and at global level. The exchange of information is pivotal in the fight against such practices. |
(2) |
The European Parliament has stressed the political importance of fair taxation and of fighting tax fraud, tax evasion and tax avoidance, including through closer administrative cooperation and extended exchange of information between Member States. |
(3) |
On 7 December 2021, the Council approved an Ecofin report to the European Council on tax issues requesting the Commission to table in 2022 a legislative proposal containing further revisions to Council Directive 2011/16/EU (3), concerning the exchange of information on crypto-assets and tax rulings for wealthy individuals. |
(4) |
On 26 January 2021, the Court of Auditors published a report examining the legal framework and implementation of Directive 2011/16/EU. That report concludes that the overall legal framework of Directive 2011/16/EU is solid, but some provisions need to be strengthened in order to ensure that the full potential of the exchange of information is exploited and the effectiveness of the automatic exchange of information is measured. The report also concludes that the scope of Directive 2011/16/EU should be enlarged in order to cover additional categories of assets and income, such as crypto-assets. |
(5) |
The crypto-asset market has grown in importance and increased its capitalisation substantially and rapidly over the last 10 years. A crypto-asset is a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology. |
(6) |
Member States have put in place rules and guidance, which differ from Member State to Member State, to tax income derived from crypto-asset transactions. However, the decentralised nature of crypto-assets makes it difficult for Member States’ tax administrations to ensure tax compliance. |
(7) |
Regulation (EU) 2023/1114 of the European Parliament and of the Council (4) has expanded the Union regulatory framework to issues of crypto-assets that had so far not been regulated by Union financial services acts as well as to providers of services in relation to such crypto-assets (‘crypto-asset service providers’). Regulation (EU) 2023/1114 sets out definitions that are used for the purposes of this Directive. This Directive also takes into account the authorisation requirement for crypto-asset service providers under Regulation (EU) 2023/1114 in order to minimise administrative burden for the crypto-asset service providers. The inherent cross-border nature of crypto-assets requires strong international administrative cooperation to ensure effective regulation. |
(8) |
The Union’s anti-money laundering and countering the financing of terrorism framework (AML/CFT) extends the scope of obliged entities subject to AML/CFT rules to crypto-asset service providers regulated by Regulation (EU) 2023/1114. In addition, Regulation... |
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