Administrative Cooperation between European States and Mutual Assistance in Direct Taxation: a Legal and Practical Perspective

Abstract

Effective administrative cooperation and mutual assistance in direct taxation are crucial for the proper application of tax laws and for combating tax fraud and evasion in the EU. However, these collaborative efforts face legal and practical challenges, particularly due to the internal market and cross-border mobility of taxpayers and businesses. This paper reviews the legal structure established by Council Directive 2011/16/EU and related instruments, and examines recent develop-ments and proposals to enhance said cooperation – including automatic information exchange, joint audits, tax ruling exchanges, and mutual assistance in claim recovery. It also explores the potential benefits and drawbacks of extending cooperation to non-EU jurisdictions and the role of the OECD and other international organisa-tions in promoting the cooperation in question. The paper concludes that while significant progress has been made, some challenges need still to be addressed. It recommends measures to improve the effectiveness and efficiency of said coopera­tion while respecting the rights and interests of taxpayers and Member States.