ECOFIN Council Approved Anti-Abuse Amendment To EU Parent Subsidiary Directive

On 9 December the ECOFIN council approved an amendment to the EU parent subsidiary directive. The amendment introduces a general anti-avoidance rule, requiring member states to refrain from granting the benefits of the directive if (one of) the main purpose(s) of an arrangement is to obtain a tax advantage that defeats the object and purpose of the directive and additionally, is not “genuine”.