EU Council approves the list of non-cooperative jurisdictions

Deloitte Malta Tax Alert

On 5 December 2017, the Council of the European Union (‘Council’) adopted the Council conclusions on the EU list of non-cooperative jurisdictions for tax purposes (‘List’) as part of its external strategy for taxation.

The List was established following screening and dialogue conducted during 2017 with a large number of third country jurisdictions. It has been reported that those that appear on the list failed to take meaningful action to address deficiencies identified and did not engage in a meaningful dialogue on the basis of the EU’s criteria of transparency, fair taxation and anti-BEPS measures.

The jurisdictions that appear on the List are:

  • American Samoa
  • Bahrain
  • Barbados
  • Grenada
  • Guam
  • Korea (Republic of)
  • Macao SAR
  • Marshall Islands
  • Mongolia
  • Namibia
  • Palau
  • Panama
  • Saint Lucia
  • Samoa
  • Trinidad and Tobago
  • Tunisia
  • United Arab Emirates

The press release issued by the Council strongly encouraged the listed jurisdictions to make the changes requested of them. Pending such changes, the EU and the member states could apply defensive measures, including both taxation measures and measures outside the field of taxation, which measures would be aimed at preventing the erosion of the EU member states’ tax bases.

The Council’s press release can be found here.

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