COM(2001)214 - The elimination of tax obstacles to the cross-border provision of occupational pensions
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official title
Communication from the Commission to the Council, the European Parliament and the Economic and Social Committee - The elimination of tax obstacles to the cross-border provision of occupational pensionsLegal instrument | Communication |
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reference by COM-number85 | COM(2001)214 ![]() |
Additional COM-numbers | COM(2001)214 |
CELEX number88 | 52001DC0214 |
Document | 19-04-2001 |
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Online publication | 19-04-2001 |
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- 1.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 2.Figures for 1999, source: InterSec Research, OECD.
- 3.See the Veil Report, 'Report of the High Level Panel on the free movement of persons', presented to the Commission on 18 March 1997, in particular the report on supplementary pensions, which led to the creation of the Pensions Forum.
- 4.'Pension institution' is used in this Communication in the sense of 'institution for occupational retirement provision' (IORP), as used in the Proposal for a Directive of the European Parliament and of the Council on the activities of institutions for occupational retirement provision, Brussels, 11.10.2000, COM(2000) 507 final, hereafter called the proposed 'Pension Fund Directive'.
- 5.Posted workers as defined in Regulation 1408/71: See Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ L 28, 30.1.1997, pp. 1 - 229, as last amended by Council Regulation (EC) No 1399/1999 of 29 April 1999, OJ L 164, 30.6.1999, pp. 1-5.
- 6.Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community, OJ L 209, 25.7.1998, pp. 0046 - 0049. The Commission's proposal had included an article on the tax treatment of pension contributions, but this was not retained by the Council.
- 7.Communication from the Commission "Towards a Single Market for supplementary pensions, results of the Green Paper on supplementary pensions in the single market, Brussels 11.5.1999, COM(1999) 134 final.
- 8.Communication from the Commission to the Council, to the European Parliament and to the Economic and Social Committee 'The Future Evolution Of Social Protection From A Long-Term Point Of View: Safe And Sustainable Pensions', Brussels, 11.10.2000, COM(2000) 622 final.
- 9.The proposed Pension Fund Directive, quoted above.
- 10.Where this Communication uses terms as 'pension scheme' and 'retirement benefits', such terms should be read as in the proposed Pension Fund Directive, quoted above.
- 11.Member States may operate more than one system, especially in an international context.
- 12.A special group within this category are posted workers. By virtue of Council Directive 98/49 posted workers (as defined in Regulation 1408/71) have the right to remain within their old scheme in the home State. This Directive is to be fully implemented by Member States by 25.7.2001.
- 13.Case C-118/96 Safir
- 14.This Communication consistently refers to the renumbered Articles.
- 15.Case C-118/96 Safir
- 16.Case C-204/90 Bachmann
- 17.Case C-270/83 Avoir fiscal
- 18.Case C-294/97 Eurowings,
- 19.Case C-264/96 ICI
- 20.Case C-270/83 Avoir fiscal
- 21.Case C-80/94 Wielockx
- 22.It may moreover be noted that, since Bachmann, the Court has not upheld broad and general claims of fiscal cohesion advanced by Member States: see in particular Case C-484/93 Svensson
- 23.Directive 76/308/EEC provides for mutual assistance for the recovery of tax claims. At present, this Directive only applies to agricultural levies, customs duties, VAT and excise duties. On 25 June 1998 the Commission presented a proposal to improve the functioning of the Directive and extend its scope to direct taxes in order to bring it into line with Directive 77/799/EEC. It is called 'Proposal for a European Parliament and Council Directive amending Council Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties and in respect of value added tax and certain excise duties', COM(1998) 364 final, of 25.6.1998, OJ C 269, 28.8.1998, p. 16, as amended by Commission proposal COM(1999) 183 final of 7.5.1999, OJ C 179, 24.6.1999, p. 6.
- 24.The position might be otherwise if it were possible for the worker to be transferred to another section of the pension institution concerned without terminating his policy: see below.
- 25.Prudential barriers for life assurances have already been lifted by Council Directive 92/96/EEC of 10 November 1992 on the co-ordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive), OJ L 360, 9.12.1992, pp 0001 - 0027.
- 26.Council Directive of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (77/799/EEC), OJ 27.12.1977, L 336, p. 15.
- 27.Case C-80/94 Wielockx
- 28.Cited above. See also Case C-420/98 W.N.
- 29.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 30.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 31.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 32.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 33.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 34.2312th Council meeting - Ecofin - Brussels, 26 and 27 November 2000.
- 35.Usually, pensions are paid directly by the scheme or institution. However, they may also be paid as annuities by regulated providers. While the providers may run schemes they would not be schemes/institutions themselves.
- 36.In some Member States payment of the pension can be deferred until after actual retirement.
- 37.The Ad hoc Working Party on Tax Fraud is a Council working group, dealing with tax fraud in both the indirect and the direct tax areas.
- 38.'A European Institution for Occupational Retirement Provision (EIORP) - A Single License to enable Multi-Nationals to pool their pension liabilities and assets on a tax neutral basis', European Federation for Retirement Provision, July 2000.
- 39.In order to prevent double taxation and a restriction of pan-European pension institutions' freedom to provide services, it would be necessary for Member States to ensure that the relevant sections of pan-European pension institutions were exempted from any yield taxes levied by the Member States where they were located.
- 40.The total adds up to 16, as Germany applies both the EET and the TEE system.
- 41.A provision of this kind can be found in the Canada-United States taxation treaty.
- 42.For example the Netherlands-Portugal treaty provides an exception to residence taxation where the pension is 'not taxed at the generally applicable rate for income derived from dependent personal services, or less than 90% of the gross amount of the pension or similar remuneration ... is taxed'.
- 43.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 44.Figures for 1999, source: InterSec Research, OECD.
- 45.See the Veil Report, 'Report of the High Level Panel on the free movement of persons', presented to the Commission on 18 March 1997, in particular the report on supplementary pensions, which led to the creation of the Pensions Forum.
- 46.'Pension institution' is used in this Communication in the sense of 'institution for occupational retirement provision' (IORP), as used in the Proposal for a Directive of the European Parliament and of the Council on the activities of institutions for occupational retirement provision, Brussels, 11.10.2000, COM(2000) 507 final, hereafter called the proposed 'Pension Fund Directive'.
- 47.Posted workers as defined in Regulation 1408/71: See Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ L 28, 30.1.1997, pp. 1 - 229, as last amended by Council Regulation (EC) No 1399/1999 of 29 April 1999, OJ L 164, 30.6.1999, pp. 1-5.
- 48.Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community, OJ L 209, 25.7.1998, pp. 0046 - 0049. The Commission's proposal had included an article on the tax treatment of pension contributions, but this was not retained by the Council.
- 49.Communication from the Commission "Towards a Single Market for supplementary pensions, results of the Green Paper on supplementary pensions in the single market, Brussels 11.5.1999, COM(1999) 134 final.
- 50.Communication from the Commission to the Council, to the European Parliament and to the Economic and Social Committee 'The Future Evolution Of Social Protection From A Long-Term Point Of View: Safe And Sustainable Pensions', Brussels, 11.10.2000, COM(2000) 622 final.
- 51.The proposed Pension Fund Directive, quoted above.
- 52.Where this Communication uses terms as 'pension scheme' and 'retirement benefits', such terms should be read as in the proposed Pension Fund Directive, quoted above.
- 53.Member States may operate more than one system, especially in an international context.
- 54.A special group within this category are posted workers. By virtue of Council Directive 98/49 posted workers (as defined in Regulation 1408/71) have the right to remain within their old scheme in the home State. This Directive is to be fully implemented by Member States by 25.7.2001.
- 55.Case C-118/96 Safir
- 56.This Communication consistently refers to the renumbered Articles.
- 57.Case C-118/96 Safir
- 58.Case C-204/90 Bachmann
- 59.Case C-270/83 Avoir fiscal
- 60.Case C-294/97 Eurowings,
- 61.Case C-264/96 ICI
- 62.Case C-270/83 Avoir fiscal
- 63.Case C-80/94 Wielockx
- 64.It may moreover be noted that, since Bachmann, the Court has not upheld broad and general claims of fiscal cohesion advanced by Member States: see in particular Case C-484/93 Svensson
- 65.Directive 76/308/EEC provides for mutual assistance for the recovery of tax claims. At present, this Directive only applies to agricultural levies, customs duties, VAT and excise duties. On 25 June 1998 the Commission presented a proposal to improve the functioning of the Directive and extend its scope to direct taxes in order to bring it into line with Directive 77/799/EEC. It is called 'Proposal for a European Parliament and Council Directive amending Council Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties and in respect of value added tax and certain excise duties', COM(1998) 364 final, of 25.6.1998, OJ C 269, 28.8.1998, p. 16, as amended by Commission proposal COM(1999) 183 final of 7.5.1999, OJ C 179, 24.6.1999, p. 6.
- 66.The position might be otherwise if it were possible for the worker to be transferred to another section of the pension institution concerned without terminating his policy: see below.
- 67.Prudential barriers for life assurances have already been lifted by Council Directive 92/96/EEC of 10 November 1992 on the co-ordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive), OJ L 360, 9.12.1992, pp 0001 - 0027.
- 68.Council Directive of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (77/799/EEC), OJ 27.12.1977, L 336, p. 15.
- 69.Case C-80/94 Wielockx
- 70.Cited above. See also Case C-420/98 W.N.
- 71.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 72.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 73.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 74.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 75.Source: Newcronos database of Eurostat, domain Labour Force Study.
- 76.2312th Council meeting - Ecofin - Brussels, 26 and 27 November 2000.
- 77.Usually, pensions are paid directly by the scheme or institution. However, they may also be paid as annuities by regulated providers. While the providers may run schemes they would not be schemes/institutions themselves.
- 78.In some Member States payment of the pension can be deferred until after actual retirement.
- 79.The Ad hoc Working Party on Tax Fraud is a Council working group, dealing with tax fraud in both the indirect and the direct tax areas.
- 80.'A European Institution for Occupational Retirement Provision (EIORP) - A Single License to enable Multi-Nationals to pool their pension liabilities and assets on a tax neutral basis', European Federation for Retirement Provision, July 2000.
- 81.In order to prevent double taxation and a restriction of pan-European pension institutions' freedom to provide services, it would be necessary for Member States to ensure that the relevant sections of pan-European pension institutions were exempted from any yield taxes levied by the Member States where they were located.
- 82.The total adds up to 16, as Germany applies both the EET and the TEE system.
- 83.A provision of this kind can be found in the Canada-United States taxation treaty.
- 84.For example the Netherlands-Portugal treaty provides an exception to residence taxation where the pension is 'not taxed at the generally applicable rate for income derived from dependent personal services, or less than 90% of the gross amount of the pension or similar remuneration ... is taxed'.
- 85.De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
- 86.De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
- 87.Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
- 88.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 89.Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.