At the beginning of this year, the European Parliament proposed certain amendments with respect to the EU initiative to target so-called “shell” entities (i.e. entities which are considered to be devoid of economic substance). The European Commission published already in 2021 a proposal for an EU Directive intended to neutralize the misuse of such shell entities in the EU for tax purposes (also known as “ATAD 3” or “Unshell Directive”). The tax world raised, however, a lot of concerns regarding this initiative and such in particular in light of the many uncertainties on how to interpret the proposed text.
During this webinar we provided a quick glance at what this proposal entails, how the European Parliament has tried to improve it and what it means for your corporate group structures and entities. We also showcased the tool we developed to help you assess whether the Unshell Directive would apply to your entities and give some practical examples to demonstrate the scope of application and implications.
Although the text of the (amended) proposal in still in draft form and notably still has to be adopted by the EU Council, it is already important to consider the implications of the proposal, as its entry into force is currently foreseen on 1 January 2025, and the proposal provides for a two year look-back period to determine whether or not a given undertaking falls within its scope (i.e. as from 1 January 2023).
Do not hesitate to reach out to Edward Jacquemyn if you would like to obtain the recording of this webinar.