TREE NEWS update: The National Foreign Trade Council asked the European Commission on Wednesday to exempt companies already subject to a domestic minimum tax from parts of the EU’s anti-profit-shifting rules. In a letter to Gerassimos Thomas, head of the Commission’s tax and customs directorate, the US trade group said the EU’s controlled foreign company rules were originally meant to curb profit shifting to low-tax jurisdictions.
US Trade Group Seeks EU Anti-Tax-Avoidance Exemption for Firms Under Domestic Minimum Tax
The NFTC's request targets a structural overlap: controlled foreign company rules designed to catch profit shifting can also capture income already taxed under a domestic minimum regime, raising the prospect of double taxation without a corresponding revenue gain. The outcome matters most for US multinationals with EU operations and for Brussels, which must weigh relief against its own anti-avoidance credibility. Whether the Commission opens a formal carve-out, and how it defines which domestic minimum taxes qualify, is the open question.
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