EU Council Swedish Presidency Amendment Annexes

Annex I

Indicative list of categories of entities and legal arrangements which are considered to be not subject to effective taxation, for the purposes of Article 2(3).

Entities and legal arrangements whose place of establishment or place of effective management is in a country or jurisdiction outside the territorial scope of the Directive asdefined in Article 7 and which is different from those listed in Article 17(2):

Countries and jurisdictions	Categories of entities and legal arrangements
Antigua and Barbuda	International business company
Anjouan (Comores)	Trust, governed by local or foreign law International business company
The Bahamas	Trust, governed by local or foreign law Foundation International business company
Bahrain	Financial trust, governed by local or foreign law
Barbados	Trust, governed by local or foreign law International business company International Society with Restricted Liability
Belize	Trust, governed by local or foreign law International business company
Bermuda	Trust, governed by local or foreign law Exempt company
Brunei	Trust, governed by local or foreign law International business company International trust International Limited Partnership
Cook Islands	Trust, governed by local or foreign law International trust International company International partnership
Costa Rica	Trust, governed by local or foreign law Company
Djibouti	Exempt company Trust, governed by foreign law
Dominica	Trust, governed by local or foreign law International business company
Fiji	Trust, governed by local or foreign law
French Polynesia	Société (Company) Société de personnes (Partnership) Société en participation (Joint venture) Trust, governed by foreign law
Grenada	International business company Trust, governed by local or foreign law
Guam	Company Sole proprietorship Partnership Trust, governed by foreign law
Guatemala	Trust, governed by local or foreign law Fundación (Foundation)
Hong Kong	Trust, governed by local or foreign law Private Limited Company
Kiribati	Trust, governed by local or foreign law
Labuan (Malaysia)	Offshore company Malaysian offshore bank Offshore limited partnership Offshore trust
Lebanon	Companies benefiting from the Offshorecompany regime Trust, governed by foreign law
Liberia	Non-resident company Trust, governed by local or foreign law
Macao	Trust, governed by local or foreign law Fundação (Foundation)
Maldives	Company Partnership Trust, governed by foreign law
Northern Marianas Islands	Foreign sales corporation Offshore banking corporation Trust, governed by foreign law
Marshall Islands	Trust, governed by local or foreign law International business company
Mauritius	Trust, governed by local or foreign law Global business company cat. 1 and 2
Micronesia	Company Partnership Trust, governed by foreign law
Nauru	Trust Nominee company Company Partnership Sole proprietorship Foreign will Foreign estate Other form of business negotiated with the Government
New Caledonia	Société (Company) Société civile (Civil company) Société de personnes (Partnership) Joint venture Estate of deceased person Trust, governed by foreign law
New Zealand	Trust, governed by foreign law
Niue	Trust, governed by local or foreign law International business company
Panama	Fideicomiso (Trust, governed by local law) Trust governed by foreign law Fundación de interés privado (Foundation) International business company
Palau	Company Partnership Sole proprietorship Representative office Credit union (financial cooperative) Cooperative Trust, governed by foreign law
Philippines	Trust, governed by local or foreign law
Puerto Rico	Estate Trust, governed by local or foreign law International banking entity
Saint Kitts and Nevis	Trust, governed by local or foreign law Foundation Exempt company Exempt Limited Partnership
Saint Lucia	Trust, governed by local or foreign law International business company
Saint Vincent and the Grenadine	Trust, governed by local or foreign law International business company
Sao Tomé e Principe	International business company Trust, governed by foreign law
Samoa	Trust, governed by local or foreign law International trust International companyOffshore bank Offshore insurance company International partnership Limited partnership
Seychelles	Trust, governed by local or foreign law International business company
Singapore	Trust, governed by local or foreign law
Solomon Islands Company	Partnership Trust, governed by local or foreign law
South Africa	Trust, governed by local or foreign law
Tonga	Trust, governed by local or foreign law
Tuvalu	Trust, governed by local or foreign law Provident fund
United Arab Emirates	Trust, governed by local or foreign law Offshore company
USA	State of Delaware - Limited Liability Company State of Wyoming - Limited Liability Company
US Virgin Islands	Trust, governed by local or foreign law Exempt company
Uruguay	Trust, governed by local or foreign law Sociedad Anónima Financiera de Inversión
Vanuatu	Trust, governed by local or foreign law Exempt companyInternational company

Annex I Cont.

Entities and legal arrangements whose place of establishment or place of effective management is in a country or jurisdiction listed in Article 17(2), to which Article 2(3) applies pending the adoption by the country or jurisdiction concerned of provisions equivalent to those of Article 4(2):

Countries and jurisdictions	Categories of entities and legalarrangements
Andorra	Trust, governed by foreign law
Anguilla	Trust, governed by local or foreign law International business company
Aruba	Stichting Particulier Fonds
British Virgin Islands	Trust, governed by local or foreign law Company
Cayman Islands	Trust, governed by local or foreign law Exempt company
Guernsey	Trust, governed by local or foreign law Company Foundation
Isle of Man	Trust, governed by local or foreign law
Jersey	Trust, governed by local or foreign law Company Foundation
Liechtenstein	Anstalt (Trust, governed by local law) andtrust governed by foreign law Stiftung (Foundation)
Monaco	Trust, governed by foreign law Fondation(Foundation)
Montserrat	Trust, governed by local or foreign law International business company
Netherlands Antilles	Trust, governed by local or foreign law Stichting Particulier Fonds
San Marino	Trust, governed by local or foreign law Fondazione (Foundation)
Switzerland	Trust, governed by foreign law Foundation
Turks and Caicos	Exempted company Limited partnership Trust, governed by local or foreign law

Annex III

Countries	Categories of entities and legal arrangements	Comments
All EU Member States	European Economic Interest Grouping (EEIG)
Belgium	- Société de droit commun / maatschap (Civil law or commercial company without any legal status) - Société momentanée / tijdelijke handelsvennootschap- Société interne / stille handelsvennootschap (Company without any legal status through which one or more persons has (have) an interest in operations that one or more other persons manage(s) on their behalf.) - Trust or other similar legal arrangement, governed by foreign law	Included only if the upstream economic operator making the interest payment to it, or securing the payment for it, hasn’t established the identity and residence of all its beneficial owners, otherwise it falls in point (d) of Article 4(2). These companies (the name of which is given in French andDutch) do not have legal status, and from the point of view of taxation, a look-through approach is applicable.
Bulgaria	- Druzhestvo sas spetsialna investitsionna tsel (Specialpurpose investment company) - Investitsionno druzhestvo (Investment company, notcovered by Article 6) - Trust or other similar legal arrangement, governed byforeign law	Entity exempt from corporate income tax Unless the trustee can prove that the trust is actually subject to Bulgarian income taxation
Czech Republic	- Veřejná obchodní společnost(ver. obch. spol. or V.O.S.) (Partnership) - Sdruženi (Association) - Komanditní společnost - Trust or other similar legal arrangement, governed byforeign law
Denmark	- Interessentskab (General partnership) - Kommanditselskab (Limited partnership) - Kommanditaktieselskab(Partnerselskab) - Partrederi - Trust or other similar legal arrangement, governed byforeign law
Germany	- Gesellschaft bürgerlichen Rechts (Civil law company) - Kommanditgesellschaft — KG, offene Handelsgesellschaft — OHG(Commercial partnership) - Trust or other similar legal arrangement, governed byforeign law
Estonia	- Seltsing (Partnership) - Trust or other similar legal arrangement, governed byforeign law
Ireland	- Partnership and investment club	Irish resident trustee is generally taxable on income arising to the trust. However, where the beneficiary or trustee is non-Irish resident, only Irish source income arising to such cases is taxable.
Greece	- Omorrythmos Eteria (OE) (General partnership) - Eterorythmos Eteria (EE) (Limited partnership) - Trust or other similar legal arrangement, governed by foreign law	Partnerships are subject to corporate income tax. However,up to 50% of the profits of partnerships is taxed in the handsof the individual partners at their personal tax rate.
Spain	Entities subject to the system for taxing attribution of profits: - Sociedad civil con o sin personalidad jurídica (Civillaw partnership with or without legal personality) - Herencias yacentes (Estate of a deceased person) - Comunidad de bienes (Joint ownership). - Other entities without legal personality that constitute aseparate economic unit or a separate group of assets (Article 35(4) of the Ley General Tributaria). - Trust or other similar legal arrangement, governed byforeign law
France	- Société en participation (Joint venture company) - Société ou association de fait (De facto company) - Indivision (Joint ownership) - Fiducie- Trust or other similar legal arrangement, governed by foreign law
Italy	- All Civil law partnerships and assimilated entities - Companies with a limited number of shareholders opting for fiscal transparency - Trust or other similar legal arrangement, governed by foreign law	The category of Civil law partnerships includes: società in accomandita semplice, società semplici, associazioni (associations) among artists or professional persons for the practice of their art or profession, without legal personality società in nome collettivo, società di fatto (irregular or de facto partnerships) and società di armamento. The ‘tax transparency’ regime may be adopted by limited liability companies or cooperative societies whose members are individuals (article 116 of TUIR). Unless the trustee can provide documentation proving that the trust is fiscally resident and subject to effective corporate taxation in Italy.
Cyprus	- Syneterismos (Partnership) - Syndesmos or somatio (Association) - Synergatikes (Cooperative) - Trust or other similar legal arrangement, governed bylocal or foreign law	Only transactions with members. Trusts created under Cypriot jurisdiction are consideredtransparent entities under national law.
Latvia	- Pilnsabiedrība (General partnership) - Komandītsabiedrība (Limited partnership) - Biedrība un nodibinājums (Association and foundation); - Lauksaimniecības kooperatīvs (Agriculture cooperative) - Trust or other similar legal arrangement, governed by foreign law
Lithuania	- Trust or other similar legal arrangement, governed by foreign law
Luxembourg	- Trust or other similar legal arrangement, governed by foreign law
Hungary	- Trust or other similar legal arrangement, governed byforeign law	Hungary recognises trusts as entities under national rules
Malta	- Soëjetà in akomonditia (Partnership “en commandite”), the capital of which is not divided into shares - Arrangement in participationenparticipation) - Soëjetà Kooperattiva (Cooperative society)	Partnerships en commandite the capital of which is divided into shares are subject to general CIT.
The Netherlands	- Vennootschap onder firma (General partnership) - Commanditaire vennootschap (Closed limited partnership) - Vereniging (Association) - Stichting (Foundation) - Trust or other similar legal arrangement, governed by foreign law	General partnerships, closed partnerships and EEIGs aretransparent for tax purposes. Verenigingen (Associations) and stichtingen (foundations) are tax exempt unless they carry on a trade or business.
Austria	- Offene Gesellschaft (OG) (general partnership) - Offene Handelsgesellschaft (OHG) (commercial partnership) - Kommanditgesellschaft (KG) (limited partnership) - Gesellschaft nach bürgerlichem Recht (civil law partnership) - Trust or other similar legal arrangement, governed byforeign law
Poland	- Spólka jawna (Sp. j.) (General partnership) - Spólka komandytowa (Sp. k.) (Limited partnership) - Spólka komandytowo-akcyjna (S.K.A.)(Limited joint-stock partnership) - Spólka partnerska (Sp. p.) (Professional partnership) - Spolka cywilna (s.c.) (civil law company) - Trust or other similar legal^arrangement, governed byforeign law
Portugal	- Civil law partnerships not incorporated in a commercial form - Incorporated firms engaged in listed professional activities in which all partners are individuals qualified in the sameprofession - companies merely holding assets which are either controlled by a family group or fully owned by no more than five persons;- Companies merely holding assets which are either controlled by a family group or fully owned by no more than five persons; - Companies licensed to operate on the International Business Centre of Madeira eligible for exemption from IRC (article 33 of the EBF) - Unincorporated associations - Trust or other similar legal arrangement, governed byforeign law	Civil law partnerships not incorporated in a commercial form, incorporated firms engaged in listed professional activities in which all partners are individuals qualified in the same profession Article 33 of EBF, applicable to companies licensed until 31 December 2000, provides for an exemption from corporate income tax until 31 December 2011 The only trusts admitted under Portuguese law are those set upunder foreign law by legal persons in the International Business Centre of Madeira.
Romania	- Association (partnership) - Cooperative (Cooperative) - Trust or other similar legal arrangement, governed by foreign law
Slovenia	- Trust or other similar legal arrangement, governed by foreign law
Slovak Republic	- Verejná obchodná spoločnosť (General partnership) - Komanditná spoločnosť (Limited partnership)- Združenie (Association) - Trust or other similar legal arrangement, governed by foreign law
Finland	- avoin yhtiö / öppet bolag (Partnership) - kommandiittiyhtiö / kommanditbolag (Limited partnership) - Trust or other similar legal arrangement, governed by foreign law
Sweden	- handelsbolag (General partnership) - kommanditbolag (Limited partnership) - enkelt bolag (Simple partnership) - Trust or other similar legal arrangement, governed by foreign law
United Kingdom Gibraltar	- General partnership - Limited partnership - Limited liability partnership - Investment club (where members are entitled to a specific share of assets) - Trust or other similar legal arrangement, governed by local or foreign law	General partnerships, limited partnerships; limited liabilitypartnerships are transparent for tax purposes. Trust income is exempt from tax under the Income Tax Rules1992 if: the trust is created by or on behalf of a non-resident person; and the income is accrued or derived outsideGibraltar, or is received by a trust and if it had been received directly by the beneficiary, it would not be liable to tax under theIncome Tax Ordinance. This does not apply if the trust is created before 1.7.1983 and the terms of the trust expressly exclude residents of Gibraltar as beneficiaries.
The United Kingdom is the Member State responsible for the external relations of Gibraltar, under the terms of Article 355(3) of the Treaty on the Functioning of the European Union.