The New EU Initiative on Fighting Shell Entities: Tackling a Nonissue?

On May 20 the European Commission launched a new initiative to fight the use of shell entities and arrangements for tax purposes. The initiative was triggered by the commission’s impression that legal entities with no or only minimal substance performing no or very little economic activity continue to risk being used for aggressive tax planning structures.

This article analyzes whether those concerns are justified and clarifies the limits of substance requirements under EU law.