Member states will have until 30 June 2019 to transpose the directive into their national laws and regulations, according to the announcement. It will then apply to complaints submitted after that date on issues relating to the tax year starting on or after 1 January 2018, unless the member states agree to apply its provisions to complaints related to earlier tax years.
Tax expert Heather Self of Pinsent Masons said:
"…The UK needs to ensure that, following Brexit, UK companies still have access to robust processes to resolve disputes which could lead to double taxation.”
Double tax agreements are designed to ensure that individuals and businesses operating in different countries are not taxed in more than one jurisdiction on the same profits. Double tax can create serious obstacles where business is conducted across borders, creating an excessive tax burden and causing economic distortion. The EU's draft directive aims to address this by way of a "mandatory and binding" dispute resolution mechanism, with "clear time limits and an obligation to reach results". It "thereby sets out to secure a tax environment where compliance costs for businesses are reduced to a minimum", according to the Council. The mechanism set out in the draft directive will apply to a broad range of disputes, although disputes that do not involve double taxation may be excluded on a case by case basis. A corporate or individual taxpayer facing double taxation will be able to initiate the MAP, giving affected member states two years to reach agreement on the issue. If the MAP fails, the dispute will be referred to an 'advisory commission' for resolution.
OECD and G20 member countries agreed in 2015 to commit to minimum standards on the resolution of international tax disputes.
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Secretary of State for Work and Pensions 15 June 2017
The Department for Work and Pensions welcomes David Gauke as the new Secretary of State for Work and Pensions.
The Rt Hon David Gauke MP has been appointed Secretary of State for Work and Pensions. He was elected the Conservative MP for Hertfordshire South West in May 2005.
David Gauke has previously had a significant impact on tax policy since first becoming a member of the Treasury Select Committee in February 2006, followed by appointment to a Shadow Minister for the Treasury in June 2007.
As a Shadow Treasury Minister, he focused on tax policy, including matters such as tax simplification and corporation tax reform. He was appointed Exchequer Secretary to the Treasury in May 2010, and promoted to Financial Secretary to the Treasury in July 2014 where he served until July 2016.
He served as Chief Secretary to the Treasury from July 2016 to June 2017.
Damian Hinds MP and Penny Mordaunt MP return to the DWP where they have been since their appointment on 15 July 2015.
Full details of Ministers and management at DWP can be found at GOV.UK
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Financial Secretary to the HM Treasury 15 June 2017
The Rt Hon Mel Stride MP succeeds Jane Ellison following the results of General Election held 8 June 2017.
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Policy News Journal
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