EU list of non-cooperative jurisdictions
On 5 December 2017, the European Union (EU) Member States agreed on a list of non-cooperative jurisdictions for tax purposes. The list is updated periodically.
The criteria considered for including a jurisdiction on the list are based on recognised international tax standards. The focus is on:
- transparency
- fair taxation
- and
- the implementation of the OECD Base Erosion and Profit Shifting (BEPS) minimum standards.
All EU Member States agreed to introduce defensive measures relating to jurisdictions that were on the list. These include both legislative and administrative defensive measures.
Regarding administrative defensive measures, Revenue added a reporting requirement to the annual Corporate Tax Return (Form CT1) for accounting periods ending in 2019 and onwards. This facilitates increased monitoring of certain transactions.
Companies must disclose, on their Form CT1, transactions that occurred with persons in a jurisdiction on the list. This is for transactions involving:
- interest
- royalties
- dividends.
Ireland's legislative defensive measures include the disapplication of certain exemptions from Controlled Foreign Company (CFC) rules when the CFC is resident in a listed jurisdiction. Since 2024, Ireland also applies legislative defensive measures by way of withholding taxes on outbound payments:
- of interest
- of royalties
- and
- on the making of distributions to listed jurisdictions.
As of 26 February 2024 (the date of publication in the Official Journal), the EU list is composed of:
- American Samoa
- Anguilla
- Antigua and Barbuda
- Fiji
- Guam
- Palau
- Panama
- Russian Federation
- Samoa
- Trinidad and Tobago
- The US Virgin Islands
- Vanuatu.
You can find further information on the list at EU list of non-cooperative jurisdictions.