The European Commission’s Fiscal Compliance expert group (FISCO) has
issued a report setting out solutions to fiscal compliance barriers related
to clearing and settlement of cross-border securities transactions, also known
as 'post-trading'.
According to the Commission, the proposed solutions are expected to lead to
improved, simplified and modernised procedures, adapted to the way EU financial
markets operate today.
Commenting on the report, Internal Market and Services Commissioner Charlie
McCreevy stated on Tuesday that: "Fiscal compliance barriers hinder the
functioning of capital markets, are a burden for industry and investors alike
and increase the costs of cross-border trading. They also lead to a misallocation
of resources that could be used in a more efficient way. I welcome this report,
which puts forward concrete proposals for improving and speeding up the way
these transactions are settled. Member States, industry, investors, tax payers
and the Single Market as a whole all stand to benefit."
Taxation and Customs Union Commissioner Laszlo Kovacs added: "As it becomes
more and more common to hold shares cross-border, EU citizens are increasingly
faced with remaining fiscal barriers relating to withholding tax collection
and tax relief procedures. The reality of a single European securities market
is not compatible with a fragmented European post-trading sector. It is my intention
to use the FISCO findings and proposed solutions as a basis for further discussion
with member states on future EU initiatives to simplify and modernize tax procedures
applied to financial assets. This is an area where I am convinced that a better
co-ordination of the widely differing national procedures will help reducing
compliance costs, removing discrimination and double taxation."
The main conclusions of the FISCO report deal with two broad areas, namely withholding
taxes and transaction tax procedures.
With regard to withholding taxes, the FISCO report stated that many of the current
administrative and efficiency problems can be resolved by eliminating the need
to pass on detailed information on beneficial owners through the custody chain
up to the local withholding agents. This can be best achieved by allowing any
intermediary in the chain to either assume full withholding responsibilities,
or to take responsibility for granting withholding tax relief by sending pooled
withholding rate information to the upstream intermediary.
This possibility would be enhanced by the abolition of the requirement for
paper-form certification, and the permission to allow intermediaries to make
use of modern technology to pass on beneficial owner information to the local
withholding agent in electronic format, and to allow the use of pooling of assets
into tax-rate pools.
An EU Tax Relief Procedure is proposed in order to facilitate the clearing
and settlement of securities within Member States by simplifying and harmonising
the tax relief procedures. The EU Tax Relief Procedure should be built on a
model allowing for the appropriate tax relief to be applied at source without
excessive documentation requirements, and without exposing issuers, intermediaries
and investors to unnecessary risks and costs.
With regard to transaction taxes, FISCO concluded that any regime requiring transaction
tax to be collected by settlement service providers will constitute a significant
obstacle, dissuading or preventing foreign Central Securities Depositaries (CSDs)
from accepting securities subject to such transaction tax. The report said that
the best recommendation to address this problem would be not to impose the tax-collection
responsibilities on local settlement service providers. However, the FISCO Group
could not identify another tax collection mechanism that would give comparable
audit and enforcement powers to tax authorities, and would ensure a level playing-field
and compatibility with various business models.
Post-trading takes place after two parties have agreed a securities transaction,
in order to allow the transfer of ownership and of the corresponding payment.
Systems in the EU have developed nationally, as cross-border trading activity
has been limited. Cross-border post-trading in the EU is therefore still much
more costly and complex than within a single Member State or in the United States,
to the detriment of the EU's financial markets.
FISCO was created in 2005 and is composed of 15 high-level experts, mainly
from private bodies and academia. It gives advice on the removal of fiscal compliance
barriers to the post-trading of EU cross-border securities transactions. The
key issues considered by the group are 'Giovannini Barriers' 11 and 12 on withholding
and transaction tax procedures respectively. In addition to the latest report,
the group has produced one other report, namely a Fact Finding Study examining
EU Member States' fiscal compliance procedures in 2006.
The Commission stated that it will "promptly consider" concrete actions,
including a timeframe on the basis of the work of the advisory group.