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ATAD — Article 6

The article's text

Article 6 General anti-abuse rule 1. For the purposes of calculating the corporate tax liability, a Member State shall ignore an arrangement or a series of arrangements which, having been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of the applicable tax law, are not genuine having regard to all relevant facts and circumstances. An arrangement may comprise more than one step or part. 2. For the purposes of paragraph 1, an arrangement or a series thereof shall be regarded as non-genuine to the extent that they are not put into place for valid commercial reasons which reflect economic reality. 3. Where arrangements or a series thereof are ignored in accordance with paragraph 1, the tax liability shall be calculated in accordance with national law.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

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company
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business association
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other
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EU citizen
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ACADEMIC_RESEARCH_INSTITTUTION
WhoCountryWhat they wrote
DeloitteBECommission to consider only keeping one GAAR generally applying to all situations, transactions or tax arrangements. In addition, article 6(3) of the ATAD reads that “Where arrangements or a series thereof are ignored in accordance with paragraph 1, the tax li
Loyens & Loeff N.V.NLnt outside the EU. Hence, we see a tendency of tax authorities to extensively interpret the concept of abuse, as also confined in Article 6 of the ATAD.
Tax Justice NetworkGBrule proposed by the EU Commission in its directive proposal from 2022 for a debt-equity bias reduction allowance (DEBRA). Under Article 6 of the DEBRA proposal, the deductibility of interest would be limited to 85% of excess borrowing costs (ie. interest pai
International Chamber of CommerceFRclude five minimum requirements for anti-tax avoidance: • Article 4: Interest Limitation Rules • Article 5: Exit Taxation Rules • Article 6: General Anti-Abuse Rules (GAAR) • Articles 7 & 8: Controlled Foreign Company (CFC) Rules • Article 9: Anti-Hybrid Misma
CFE Tax Advisers EuropeBEdance has shaped the EU approach. Consequently, EU legislation operates with descriptive and explanatory language instead, as per Article 6 of the ATAD, setting out the European GAAR: “For the purposes of calculating the corporate tax liability, a Member State
European Business Initiative on Taxation (EBIT)BEanti-abuse rule (ATAD Article 6); - CFC-rules (ATAD Articles 7, 8); and - Hybrid mismatches (ATAD Article 9). General issues with regard to the ATAD evaluation EBIT’s Members consider that the approaches under ATAD and other tax Directives, in particular Pilla
European Tax Adviser Federation (ETAF)BEg the effectiveness of the EU’s anti-tax avoidance rules. I. Relevance and effectiveness of the GAAR The general anti-abuse rule (Article 6 of the ATAD) tackles abusive tax practices that have not been dealt with through specifically targeted provisions.
ITe relationship between the arm's length principle, the interest limitation rules (under art 4 of the ATAD) and the EU GAAR (under art 6 of the ATAD). Assuming that: i) under Chapter 10 of the OECD TP Guidelines (2022) a cross border intragroup provision of fun
NOVA Tax Research Lab - NOVA School of LawPTconcern, over its content, relates with the issue of the complexity associated with the General Anti-Abuse Rule, mentioned in its Article 6. 1.
Max VelthovenNLIn response to the call for evaluation, I kindly refer to my PhD thesis "The General Anti-Abuse Rule of Article 6 of the EU Anti-Tax Avoidance Directive" which was defended at the University of Amsterdam on July 1, 2024. This thesis analyses the history and co
Studio Savorana & Partners- AdvisorITtorio, consenta al contribuente di poter dimostrare che non ha inteso avvalersi di un regime fiscale di vantaggio, anche perché l’art. 6 della Direttiva (Norma generale antiabuso), non risolve questa precaria situazione. In ultimo, credo sia necessario che con

Source: public consultation submissions and position papers. n = 11 mentions; counted as a literal reference to the article number.

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