The Deputy is referring to a proposal from the European Commission to amend Council Directive 2003/49/EC of 3 June 2003 under which interest and royalty payments made between associated companies of different Member States are exempt from withholding taxes and other taxes in the source Member State. The purpose of the Council Directive is to prevent double taxation by ensuring that such payments will only be taxed in the Member State in which the beneficial recipient of the interest or royalty payment is resident. The Commission proposal would broaden the scope of the Directive by lowering the shareholding threshold, from 25% to 10%, for qualification as an associated company, while providing that the requirement to exempt interest and royalty payments from taxation in the source Member State only applies where the payments are subject to tax in the Member State of residence of the recipient company.
Discussions on the Commission proposal under the Danish Presidency are ongoing and Ireland's position is that, while agreement has yet to be reached in relation to the draft text of the amendments proposed, we are supportive, in principle, of the proposal as it would generally be of benefit to Irish-based companies with associated companies in other Member States.