CFE commenta l'Omnibus sulla tassazione diretta: limitazione interessi ATAD, direttiva Madre-Figlia, GAAR e CFC con Pillar Two, deduzione immediata della R&S e calendario 2037 per l'eliminazione delle ritenute.
Response to the Commission consultation
CFE Tax Advisers Europe has published an Opinion Statement responding to the European Commission consultation on the Taxation Omnibus, submitted on 5 November 2026. CFE welcomes the aim of simplifying the EU direct tax framework while keeping effective safeguards against tax avoidance, and backs adoption of the Omnibus at no less than the proposed level of ambition. The statement supplements Opinion Statement FC 4/2026 with practical examples of targeted changes.
ATAD interest limitation rules
CFE supports keeping the proposed exclusion for genuine third-party borrowing, since ordinary commercial loans from independent lenders should not be restricted by rules aimed at profit shifting. It also recommends retaining a meaningful EUR 3 million safe harbour, given the changes in inflation and corporate borrowing costs since ATAD was adopted in 2016.
Parent-Subsidiary Directive
CFE recommends lowering the ceiling for flat-rate treatment of management costs from 5% to 1% of distributed profits. This would be a simple and administrable answer to the cascading tax burden that can arise when dividends pass through several companies in a holding structure. CFE also asks for more explanation of the rationale and proportionality of removing the ownership threshold for qualifying dividends, given the effects on national participation exemption regimes.
Pillar Two, GAAR and CFC rules
CFE suggests reconsidering the extension of the ATAD GAAR to Pillar Two top-up taxes until the OECD Inclusive Framework finishes its work on targeted anti-abuse rules, because divergent national GAAR assessments could cause uncertainty and double taxation. It supports the proposed CFC carve-out for groups within Pillar Two, as the two regimes overlap. Where CFC rules still apply to income already subject to a qualified domestic minimum top-up tax, the QDMTT should be creditable against the CFC charge.
R&D investment
CFE welcomes the proposed EU minimum standard for immediate deduction of qualifying tangible R&D expenditure. It asks for clarity on how national regimes based on tax credits or other tools can show equivalent treatment, and stresses that the standard must not undermine more favourable national incentives.
Elimination of withholding taxes
CFE invites the EU legislator to reconsider the proposed 2037 timeline for eliminating withholding taxes on dividends, interest and royalties. It considers that date would delay the practical benefits of simplification and suggests examining earlier implementation, possibly in phases.
Fonte: CFE Tax Advisers Europe