New Europe has obtained Monday’s state of play drafted proposal on core engines, that describes the territoriality, tax base and scope for derivatives, market making for shares markets, taxable event for securities, transaction chain and real economy pension funds, in comparison with the
European Commission’s Directive proposal of 14 February 2013.
Territoriality
On shares, the proposal suggests cumulation of residence and insurance principles. As a first step harmonised taxation, it shall only be applied on G10 shares. The measures will be extended to all shares after a transition period, unless participating member states decide otherwise.
On derivatives, the Commission’s proposal shall apply.
Tax base for derivatives
The Commission’s proposal on tax base for option type derivatives, suggests that the tax base should preferably be based on the option premium.
For products other than option-type derivatives and coming with a maturity, a kind of term-adjusted notional amount/,market value might be considered – where available – as the appropriate taxable base.
For the same non-option-type derivatives products that are not coming with maturity, the notional amount/,market value -again where available – might be considered as the appropriate taxable base.
In order to avoid distortions, in some cases, adjustments to the tax rates or to the definition of the tax base might be necessary.
Scope of derivatives
Repos/reverse repos and transactions of public debt managers and their counterparts, shall be exempt from the scope of the Directive. Apart from that all derivatives shall be taxed, 100% debt products as direct underlying, are as a first step products exempt from the scope of the Directive. After the transition period, the scope shall be extended to these derivatives, unless participating member states decide otherwise.
Shares markets – Market Making
A reduced minimum rate (80% of normal tax rate) can be applied for market makers bound by a contract with a specific trading venue to carry out market making activities with regard to specific shares, irrespective whether it is proprietary trading or market making.
On taxable events for securities, taxation will be applied on gross transaction.
Transaction chain
The Commission proposes the taxation of all transactions in the chain, except agents and clearing members, when these members act as facilitators, according to the Commission’s proposal.
https://www.neweurope.eu/article/financial-transaction-tax-is-back-on-the-table-state-of-play/