The role of BEPS as an accelerator for corporate capital gains taxation reforms in the European Union

Country (Nordic or European Union)	Signature (×)	Entry into force (×)
Austria	×	×
Belgium	×	×
Bulgaria	×
Croatia	×
Cyprus	×	×
Czech Republic	×
Denmark	×	×
Estonia	×
Finland	×	×
France	×	×
Germany	×
Greece	×
Hungary	×
Iceland (non-EU member state)	×	×
Ireland	×	×
Italy	×
Latvia	×	×
Lithuania	×	×
Luxembourg	×	×
Malta	×	×
Netherlands	×	×
Norway (non-EU member state)	×	×
Poland	×	×
Portugal	×	×
Romania	×
Slovakia	×	×
Slovenia	×	×
Spain	×
Sweden	×	×

	Denmark	Finland	Iceland	Norway	Sweden
Tax rate	22	20	22	22	21.4
Capital gains tax treatment in normal case	Ordinary income	Ordinary income	Ordinary income	Ordinary income	Ordinary income
Capital gains tax exemption	Sale of subsidiary and group shares	Sale of shares	Sale of shares	Sale of shares	Sale of business-related shares

Rule	Implementation status
Interest limitation rule (EBITDA rule)	Not all Member States have implemented ATAD's EBITDA rule, and there are Member States that instead apply their domestic EBITDA rule. Austria, Ireland and Slovenia do not apply EBITDA rule. Slovakia, Germany and Spain apply a domestic EBITDA rule.
Exit taxation	Member States had to introduce exit taxation rules or amend their existing ones in line with ATAD's exit taxation rules by December 31^st, 2019. As per authors’ understanding, there are no deviations to the fulfillment of this deadline requirement.
General Anti-Abuse Rule	Member States had to implement a GAAR by December 31^st, 2018. As per authors’ understanding, there are no deviations to the fulfillment of this deadline requirement.
Controlled foreign company rules	Member States shall implement ATAD's CFC rules by December 31^st, 2018. Member States that do not apply CFC rules have to introduce ATAD's CFC rules in their tax legislation. France, Spain and Germany did not implement ATAD's CFC rules.
Hybrid mismatches	Member States have to implement ATAD II, in principle, by December 31^st, 2019. The following Member States have adopted hybrid mismatches: Draft ATAD II bill: Austria, Croatia, Czech Republic, France, Ireland, Luxembourg, Poland, Portugal, Slovenia, Sweden Adopted ATAD II bill (application per January 1^st, 2020): Belgium, Bulgaria, Denmark, Estonia, Italy, Netherlands, Slovakia

Frequenza di pubblicazione:: Volume Open
Argomenti della rivista:: Business and Economics, Business Management, Business Law, Political Economics, Public Finance and Fiscal Theory, Law, History, Philosophy and Sociology of Law, Public Law, Tax and Accounting Law