On December 22, 2021, the European Commission presented a draft directive to prevent the use of shell entities for tax purposes. Once the draft is adopted, Member States are required to finalize their national implementation by June 30, 2023, and apply it as of January 1, 2024.

Especially in the case of fund structures, EU shell entities held below their alternative investment fund (AIF) are affected, provided that these EU shell entities have sources of income outside of their country of residence. These cross-border operating EU shell entities are to be denied advantages under double taxation treaties and EU directives. Another novelty – at least from the German point of view – is the possible attribution of the income of the EU shell entities directly to their shareholders.