Council Directive 2011/16/EUShow full title

[F1 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;

2. Deductions for the same depreciation on the asset are claimed in more than one jurisdiction. U.K.

3. Relief from double taxation in respect of the same item of income or capital is claimed in more than one jurisdiction. U.K.

4. There is an arrangement that includes transfers of assets and where there is a material difference in the amount being treated as payable in consideration for the assets in those jurisdictions involved.] U.K.

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.