Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (c. 16)

[F1 ANNEX IV U.K. HALLMARKS

Textual Amendments

F1 Inserted by Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements.

Part II. U.K. Categories of hallmarks

C. Specific hallmarks related to cross-border transactions U.K.

1. An arrangement that involves deductible cross-border payments made between two or more associated enterprises where at least one of the following conditions occurs: U.K.

(a)

the recipient is not resident for tax purposes in any tax jurisdiction;

(b)

although the recipient is resident for tax purposes in a jurisdiction, that jurisdiction either:

(i)

does not impose any corporate tax or imposes corporate tax at the rate of zero or almost zero; or

(ii)

is included in a list of third-country jurisdictions which have been assessed by Member States collectively or within the framework of the OECD as being non-cooperative;

(c)

the payment benefits from a full exemption from tax in the jurisdiction where the recipient is resident for tax purposes;

(d)

the payment benefits from a preferential tax regime in the jurisdiction where the recipient is resident for tax purposes;]