Non-cooperative jurisdictions for tax purposes

The European Parliament adopted on 21 January 2021, by a majority of votes, a resolution on the recast of the European Union’s list of non-cooperating jurisdictions for tax purposes, drawn up by the Chair of the Committee on Economic and Monetary Affairs (ECON), Irene Tinagli and the Chair of the FISC Subcommittee, Paul Tang. The resolution aims for better transparency and more stringent measures against tax fraud and evasion.

The Ministry of Finance announced in a statement published on the website on January 29, 2021, that it intends to amend the legislation on non-cooperating jurisdictions for clarification, by removing the provision that states included in Annex II will be considered as non-cooperating jurisdictions for arguing that, on the basis of the information available so far, no other Member State has taken similar measures against the jurisdictions included in Annex II of the EU List of non-cooperating jurisdictions for tax purposes.

Starting with January 1, 2021, the provisions of art. 25 paragraph (4) of the Fiscal Code were supplemented with a letter (f^1), which stipulates that expenses incurred as a result of transactions with a natural or legal person located in – a State which, at the date of recording the expenditure, is included in Annex I and/or Annex II of the EU List of non-cooperating jurisdictions for tax purposes, published in the Official Journal of the European Union.

The Ministry of Finance mentions that, in the context of reporting cross-border arrangements under EU Directive 2018/822 (known as DAC 6), the notion of non-cooperating jurisdictions refers only to countries in Annex I of the EU List of Non-Cooperative Jurisdictions for Tax Purposes, published in the Official Journal of the European Union.

The European Parliament adopted on 21 January 2021, by a majority of votes, a resolution on the recast of the European Union’s list of non-cooperating jurisdictions for tax purposes, drawn up by the Chair of the Committee on Economic and Monetary Affairs (ECON), Irene Tinagli and the Chair of the FISC Subcommittee, Paul Tang. The resolution aims for better transparency and more stringent measures against tax fraud and evasion.

The Ministry of Finance announced in a statement published on the website on January 29, 2021, that it intends to amend the legislation on non-cooperating jurisdictions for clarification, by removing the provision that states included in Annex II will be considered as non-cooperating jurisdictions for arguing that, on the basis of the information available so far, no other Member State has taken similar measures against the jurisdictions included in Annex II of the EU List of non-cooperating jurisdictions for tax purposes.

Starting with January 1, 2021, the provisions of art. 25 paragraph (4) of the Fiscal Code were supplemented with a letter (f^1), which stipulates that expenses incurred as a result of transactions with a natural or legal person located in – a State which, at the date of recording the expenditure, is included in Annex I and/or Annex II of the EU List of non-cooperating jurisdictions for tax purposes, published in the Official Journal of the European Union.

The Ministry of Finance mentions that, in the context of reporting cross-border arrangements under EU Directive 2018/822 (known as DAC 6), the notion of non-cooperating jurisdictions refers only to countries in Annex I of the EU List of Non-Cooperative Jurisdictions for Tax Purposes, published in the Official Journal of the European Union.