TFB 2004, afl. 8 - The bank secrecy and its implications on tax evasion
Aflevering 8, gepubliceerd op 01-12-2004 geschreven door Prof.dr. R. ProkischThe European Council adopted the European directive on savings incomeCouncil Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments, OJ L 157, 26 June 2003, p. 38. in June 2003 with the intention that the directive should come into force on 1 January 2005. The directive introduces a system of exchange of information between Member States but allows certain Countries (art. 11) to levy a ‘withholding tax’ during a transitional period. The transitional period will end as soon as the Non-Member States Switzerland, Liechtenstein, San Marino, Monaco, Andorra and the U.S. will have agreed on an agreement with the European Union which provides for a system of exchange of information with respect to interest payments between those countries and EU Member States (art. 10). Equally, the date of application of 1 January 2005 depends on the condition that those countries except the U.S. – as well as specific dependent territories of EU Member States – are prepared to levy at least such ‘withholding tax’ on interest payments to beneficial owners resident in EU Member States (art. 17: ‘equivalent measures’). The EU did not succeed in making all agreements and decisions in time, but finally came to an agreement with all mentioned states so that the Savings Directive will apply as of 1 July 2005 to all EU Member States as well as to Switzerland, Andorra, Liechtenstein, Monaco and San Marino.Commission announcement of 19 July 2004 that the Council of Ministers has agreed in the application from 1 July 2005.