25.5.2023
EN
Official Journal of the European Union
C 184/55
Opinion of the European Economic and Social Committee on the Proposal for a Council Directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation (COM(2022) 707 final — 2022/0413 (CNS)) (2023/C 184/10)
Rapporteur: Petru Sorin DANDEA Co-rapporteur: Benjamin RIZZO
Referral
Council, 7.2.2023
Legal basis
Article 113, 115 and 304 of the Treaty on the Functioning of the European Union
Section responsible
Economic and Monetary Union and Economic and Social Cohesion
Adopted in section
2.3.2023
Adopted at plenary
22.3.2023
Plenary session No
577
Outcome of vote (for/against/abstentions)
208/0/5
1.
Conclusions and recommendations 1.1.
The EESC welcomes the Commission’s proposal on DAC 8, which qualifies as a substantial step forward in improving and complementing the current DAC Directive. 1.2.
The EESC deems the proposed improvements to the DAC Directive to be effective in deterring non-compliance with fiscal rules by crypto-asset holders, thereby reinforcing the fight against tax fraud, tax evasion, and tax avoidance, in line with several previous initiatives of the Commission. 1.3.
The EESC deems the Commission initiative to be fully consistent with the principle of fair and effective taxation, which is a cornerstone of the European social market economy, aimed at ensuring that everybody contributes their fair share and enjoys equal and proportionate treatment, regardless of the kind of assets held. 1.4.
The EESC notes that a global effort to regulate crypto-assets and their use is key in order to successfully address the growing issues and implications with a worldwide scope relating to such assets.
The ongoing work carried out at the OECD and G20 levels for the achievement of a global agreement regarding the transparency of crypto-currencies is crucial in this respect and the EESC encourages the Commission to play an active role on the international stage. 1.5.
The EESC appreciates that enhanced and more effective taxation of crypto-assets will help increase the coverage of taxation and boost national budgets, allowing the deployment of additional resources targeted at the common good and at the investment priorities of the Commission (green transition and digitalisation). 1.6.
The EESC considers that the tax identification number (‘TIN’) reporting system is the most effective compliance method for ensuring the effectiveness of the new rules.
For this reason, the EESC strongly supports the Commission’s proposal on TIN since it contributes to preventing possible mistakes, thereby improving legal certainty and the predictability of the system. 1.7.
The EESC believes that reporting obligations should not be solely limited to exchanges and transfers in crypto-assets, but should also be extended, at least during the initial phase, to overall holdings of crypto-currency assets for the sake of transparency and certainty, although it remains clear that taxation should only apply to effective gains. 1.8.
The EESC stresses the need for effective and proportional penalties, leaving it up to the Member States to decide on the specific amounts of sanctions to be issued.
The EESC also recommends that, after the implementation of the Directive, the Commission should report on the penalty structures implemented by the Member States, giving guidance on possible changes if needed.