Anti Tax Avoidance Directive (ATAD) Commentary

The EU directive to combat tax avoidance practices. The BEPS initiative not only represents a novelty in the area of OECD tax policy but is also unique in EU tax policy: for the first time, EU member states have decided to implement harmonized tax law - namely the Anti Tax Avoidance Directive (ATAD) - which does not primarily focus on benefits for taxpayers but rather concentrates on tightening the national legal framework. The measures outlined in the ATAD are to be implemented by the member states - mostly by December 31, 2018 - into national law. The directive also provides for an adjustment of national regulations regarding controlled foreign company taxation. The commentary on the ATAD aims to bring together understanding and application of the ATAD provisions.