Answer given by Mr Moscovici on behalf of the Commission

5.8.2016

The Commission has no information on this dossier and expects that all Member States, including Luxembourg, transpose and fully comply with the new Directive as from January 2017.

The definition of tax rulings in the directive for automatic exchange has a wide scope. It includes any agreement, communication, or any other instrument or action with similar effects, which are agreed between tax administrations and tax payers.

In practice taxpayers are seeking legal certainty which can only be provided by rulings issued in writing. If oral rulings were being given in any Member State, the obligation remains that at least a minimum amount of information is provided to the tax administrations in other Member States.

As from 2017 on the Commission will receive information regarding the exchanges taking place and will closely monitor the functioning of the directive. If the Commission finds evidence that tax rulings in the scope of the directive are not exchanged it will take action.

In addition, the agreement on the directive on automatic exchange of country-by-country reports will further strengthen the ability of tax administrations and the Commission to survey the tax landscape across the EU and to spot patterns of aggressive tax planning.