KPMG’s EU Tax Centre prepares regular summaries of changes to direct taxes in the EU and internationally that may affect your business.
Below we present a brief overview of selected news. The complete document can be found here.
Opinion of the Advocate General on confidentiality
On 30 May 2024, Advocate General Juliane Kokott issued her opinion in Case C-432/23. This is yet another decision dealing with the scope of professional confidentiality. The Spanish tax authority asked the Luxembourg authorities for information concerning a Spanish company, to be provided by its Luxembourg lawyer. However, the lawyer refused, pleading professional confidentiality. The Luxembourg Supreme Administrative Court raised a preliminary question regarding the application of professional confidentiality to the exchange of information. According to the Advocate General, services provided by lawyers, including legal advice on matters of company law, are protected by professional confidentiality.
Pillar 2
Summary of developments concerning Pillar 2 in selected countries and the EU
- On 29 May 2024, the Belgian tax administration published a decree containing the details on mandatory registration for top-up tax purposes.
- The German Ministry of Finance has published a draft tax return for domestic top-up tax purposes.
- A ministerial decree implementing the transitional safe harbours has been published in the Italian Official Bulletin.
- Spain has published a consultation paper on the transposition of the EU Minimum Tax Directive.
- Several Swiss cantons have increased their tax rates with effect from 1 January 2024.
- Guernsey, Jersey, and the Isle of Man have announced the introduction of a qualified domestic minimum top-up tax from 1 January 2025.
- The European Commission has called upon six member states (Cyprus, Latvia, Lithuania, Poland, Portugal, and Spain) to transpose the EU Minimum Tax Directive.