New publication on the Role of ATAD in Restoring Fairness and Ensuring Sustainability of the International Tax Framework.

New publication on the Role of ATAD in Restoring Fairness and Ensuring Sustainability of the International Tax Framework.

Peter Koerver Schmidt has contributed with a chapter to the book “Tax Sustainability in an EU and International Context

Peter discusses whether the EU Anti-Tax Avoidance Directive (ATAD) may be expected to promote tax fairness and thereby contribute to increased sustainability of the international tax regime. Even though the ATAD suffers from severe shortcomings with respect to legal certainty, and can be questioned with respect to its legitimacy, it is argued that the adoption of the ATAD is an important first step towards better coordination of the corporate tax regimes within the European Union. Moreover, it is seen as a preferred solution compared to the alternative of (some) Member States unilaterally introducing new anti-avoidance rules or strengthening existing ones. Furthermore, as the ATAD curtails MNEs’ possibilities for taking advantage of aggressive tax planning, the ATAD must be expected to promote a more level playing field. This development may contribute to a more sustainable international tax framework and to reaching the United Nation’s Sustainable Development Goals (UN SDGs).