Resumen de Hybrid Mismatches Under the ATAD I and II
Both Anti-Tax Avoidance Directive (atad) 1 and 2 contain specific provisions to tackle hybrid mismatches. As a matter of principle it has been decided to not remove the cause of hybrid mismatches within the internal market but to counter only a few of the symptoms of hybrid mismatches. In this article the authors discuss both the measures from atad 1 and 2 regarding hybrid mismatches, mainly focussing on hybrid mismatches caused by the use of (reverse) hybrid entities. Overall, the approach chosen by the Council does seem to close many of the existing loopholes were hybrid mismatches are used. Main remaining question is whether all twenty-seven Member States will be able to consistently implement the complex anti-mismatch rules. The authors see it as a missed chance that in the ATAD it has not been decided to address the very cause of hybrid mismatches. Cases of double taxation and hybrid mismatches with individuals are disregarded.
