ATAD

Anti-Tax Avoidance Directive (ATAD)

Directive (EU) 2016/1164
In forceDirectiveESG & Governance

This Directive lays down rules against tax avoidance in order to protect the EU internal market from base erosion and profit shifting practices that directly affect it. It sets a minimum level of protection for all taxpayers subject to corporate tax in one or more Member States, through measures including interest limitation, exit taxation, a general anti-abuse rule, controlled foreign company rules and hybrid mismatch rules, to ensure that tax is paid fairly and effectively where profits are generated.

Timeline

  1. 8 Aug 2016
    Entry into force
  2. 31 Dec 2018Authorities
    Member State transposition deadline
  3. 1 Jan 2019
    Interest limitation rules apply
  4. 31 Dec 2019
    Exit taxation transposition deadline
  5. 1 Jan 2020
    Exit taxation rules apply
  6. 9 Aug 2020Authorities
    Deadline for the Commission's evaluation report
  7. 1 Jan 2024Authorities
    Application deadline for Member States with existing targeted rules (BEPS)

Key facts

Reference
Directive (EU) 2016/1164
Adopted
12 Jul 2016
Published
19 Jul 2016
Status
In force
Topic
ESG & Governance
Industries
Cross-sector, Financial Services

Main compliance requirements

Paid members only

The main compliance requirements, applicability questions and penalties are available in the ZC Smart Compliance Hub. Paid members and clients can sign in to the Hub to view them.

View in the Smart Compliance Hub ↗Apply for Library access

Related legislation

  • Builds on the 15 actions of the OECD Base Erosion and Profit Shifting (BEPS) project
  • related to Article 115 of the Treaty
  • involves Article 8 of the Charter of Fundamental Rights of the European Union and the personal data protection provisions of Directive 95/46/EC
  • related to the provisions on mutual assistance in tax matters of Directive 2010/24/EU.

Official sources

Council Directive (EU) 2016/1164 laying down rules against tax avoidance practices

Full text on EUR-Lex (Directive (EU) 2016/1164)

LINE Free 30-min consultation