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By Oliver R. HOOR, Keith O’DONNELL and Samantha SCHMITZ-MERLE, Atoz*
On 20 June 2016, the EU Anti-Tax Avoidance Directive (“ATAD”) has been adopted at EU level. The ATAD provides for anti-tax avoidance rules in five specific fields which are meant to be implemented by each EU Member State (“MS”). The purported objective of the ATAD is to implement the recommendations of the OECD in regard to its BEPS (“Base Erosion and Profit Shifting”) Project. However, the ATAD goes way beyond the BEPS recommendation and the minimum standards agreed between OECD countries. This Article provides an overview of the ATAD, outlines timing aspects and implementation options and analyses the impact of the Directive on the competiveness of Luxembourg as a location for doing business.
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