bluuebunny/crossref_metadata_2025 huggingface dataset:
The Treasury’s Scoping Paper on Risks to the Sustainability of the Corporate Tax Base: Precursor to (Tax) Regime Change or Still Simply a Distant Galaxy Many Light Years Away?
Authors: Butler M. , White L.
Published: December 2023

In July 2013, the Australian Treasury released a Scoping Paper titled “Risks to the Sustainability of Australia’s Corporate Tax Base”. The authors summarize the main issues raised in the Paper, comment on a number of aspects of the Treasury’s position, consider whether the Paper foreshadows a significant tax regime change and suggest that dealing with the various issues by way of multilateral action may not be a straightforward process.
The Tax Aspects of the Discussions Surrounding “Cum/Ex Trades”
Authors: Eckl P.
Published: December 2023

The author provides an overview of the tax background to the discussion in Germany regarding structures related to trades made around the dividend record date.
Supreme Arbitration Court Adopts “Disregard of Legal Entity” Approach to
Combat Tax Fraud
Authors: Bruk B.
Published: December 2023

In this note, the author outlines the history of anti-abuse measures
in Russia, as well as three recent Russian Supreme Arbitration Court decisions
that adopt the common law concept of disregarding a legal entity where the
structure is abusive and set up for the purpose of avoiding tax.
Recent (2019) US Tax Treaty Developments: Dispute Developments in Non-EU Jurisdictions, Treaties Awaiting Ratification and the Advance Pricing Agreement Programme
Authors: Sarfo N.A.
Published: December 2023

In this article, the author surveys the cross-border tax dispute process and issues involving the US and non-EU jurisdictions. She discusses US efforts to include OECD standards within its tax treaties.
The New US Foreign Tax Credit Rules
Authors: Kochman N.M. , Rosenbloom H.D
Published: December 2023

In this article, the authors consider the most recent in a long line of changes to the US foreign tax credit rules, as well as the implications of the changes.
Revised OECD Draft Guidance on the Profit Split Method: The Need for Conceptual Refinements!
Authors: Bilaney S.K.
Published: December 2023

This article provides a critical overview of the OECD’s revised draft guidance on the transfer pricing profit split method and makes important suggestions as to how to make the method more practical in its application.
The Effect of Anti-Avoidance Provisions Regarding the Promotion of Innovation: Considerations from a Tax Policy Perspective
Authors: Gil García E.
Published: December 2023

This article explores the options used to counter tax avoidance and aggressive tax planning, emphasizing the effect on fiscal measures designed to encourage innovation. Specifically, the author considers the different measures that are intended to ensure a fair balance between the protection of tax bases and the promotion of innovation.
Tax Treaty Qualification of Payments Made to Models Performing in Fashion Shows and Photo Sessions: A Commentary on Italian Supreme Court Decision No. 21865/2018
Authors: Palmitessa E.
Published: December 2023

In this note, the author examines a recent decision of the Italian Supreme Court regarding the tax treaty qualification of income received by non-resident models in connection with the shooting of commercials in Italy.
Significant Transfer Pricing Legislative Activity in 2010: Tax Authorities Step Up Their Focus
Authors: Garven G.
Published: December 2023

Following a notable change of pace in 2009, a flurry of legislative activity since May 2010 regarding transfer pricing-related regulations has seen the issuance of new guidelines to tax auditors; the introduction of the first guidelines to taxpayers; and procedural regulations covering mutual agreement procedures and advance pricing agreements.
Safe Harbour Not So Safe?
Authors: Donga J.P. , Korganow P.
Published: December 2023

The authors cover guidance issued by the ATO on the interaction
between thin capitalization and transfer pricing rules in Australia, and their
view as to what extent the ATO’s approach is appropriate and tenable.
Taxpayers and Court Procedures in Spain
Authors: Cancio Fernández R.C.
Published: December 2023

In this article, the author examines some of the issues that may arise when taxpayers appear before the tax courts of Spain and, in particular, whether their rights would be better guaranteed with an autonomous tax jurisdictional order independent of the contentious administrative division.
Singapore Stamp Duty: Strengthening the Additional Conveyance Duty Rules
Authors: Tan J.
Published: December 2023

Additional conveyance duty (ACD) is a tax that was introduced in 2017 on the sale of shares in property-heavy companies, with the aim of cooling the property market in Singapore. This article identifies gaps in the rules which can be used to avoid ACD, or which can inadvertently trigger ACD for unsuspecting taxpayers, and proposes solutions to address these gaps.
On Recent Developments in the Taxation of Cross-Border Passive Income
from a European Perspective
Authors: Nijkeuter E.
Published: December 2023

This article discusses several recent developments in European law
with regard to the taxation of cross-border dividends, interest and royalties.
Specific aspects of the taxation of passive income in cross-border situations
are considered, as well as a number of recent rulings of the European Court of
Justice on the taxation of cross-border passive income in the source country
and the country of residence.
A Review of the Nigerian Country-by-Country Reporting Regulations
Authors: Adegite V.
Published: December 2023

The author, in this article, examines the Nigerian Regulations on country-by-country reports, taking into account the implications for taxation in Nigeria and internationally.
German Federal Tax Court Rules in Favour of Taxpayer in Transfer Pricing Cases on Intercompany Financing Transactions
Authors: Bärsch S-E. , Engelen C.
Published: December 2023

In two recent landmark decisions, the German Federal Tax Court has reaffirmed its preference for applying the (internal or external) CUP method for the determination of intra-group interest rates if comparables are less than ideal. While the creditworthiness of the borrower should be regarded on a stand-alone basis, the effects of the group affiliation may need to be considered. The burden of proof regarding the arm’s length nature of intra-group interest rates rests with the tax authorities.
Corporate Tax Concessions in India: Are They Equitable?
Authors: Rao R.K. , Mukherjee S. (Sacchidananda)
Published: December 2023

In this article, the authors discuss the equity aspects of corporate tax incentives in India and analyse the effectiveness of some of the incentives against their stated objectives. The article attempts to provide an overview of the status of corporate tax concessions in India by comparison with comparable countries, and asks whether the incentives discriminate across size classes of firms in India, whether the incentives are effective in achieving their intended objectives, and whether the government’s stated objective of a reduction in tax rates and incentives will bring about a level playing field.
Regulatory and Tax Issues for India-Focussed Venture Capital Funds
Authors: Krishnamurthy V.
Published: December 2023

The author considers the various regulatory issues surrounding India-focussed venture capital funds at a holistic level while providing an in-depth analysis of the tax-related issues.
The VAT and Supplementary Duty Act 2012 of Bangladesh - An Improvement on the Existing System
Authors: Mamun I.
Published: December 2023

In Bangladesh, the entry into effect of the VAT and Supplementary Duty Act 2012, scheduled to be implemented as of 1 July 2017, has been postponed again amid many concerns and objections from the business community, as well as from members of the public. While taxable persons vehemently oppose the new Act, the tax authority claims it is superior to the existing VAT Act. On the basis of the analysis of the main weaknesses of the current system and of the main features of the proposed system, in this article, the author argues that the proposed Act not only yields higher revenue than the existing Act, but also reduces the incentive for tax evasion.
Coordination between Italy’s Anti-Hybrid Mismatch Rules and Italy’s CFC Regime Proves Complicated
Authors: Orlandoni O. , Moramarco G.
Published: December 2023

Legislative Decree no. 142/2018 implements into Italian legislation the anti-hybrid mismatch rules of ATAD 2 (2017/952), which are aimed at blocking aggressive international planning that erodes the tax base through schemes that cannot be attacked through anti-avoidance rules. This article, which takes into account recent guidelines issued by the tax authorities, focuses on coordination between the anti-hybrid mismatch rules and Italy’s CFC rules.
Casenote – Delhi High Court Decision on Taxability of Offshore Supply
and Services
Authors: Susarla K. , Krishnan C.
Published: December 2023

This article analyses the decision of the Delhi High Court on the
issue pertaining to the taxability of offshore and onshore supply and services
under the composite contract and consortium vis-à-vis an association of
persons.
Commissioner Issues Draft Reportable Tax Positions Schedule
Authors: Butler M. , Misiajlo S.
Published: December 2023

In May 2011, the Australian Commissioner of Taxation announced that he was introducing a draft Reportable Tax Position schedule that would require certain “high risk” taxpayers to make various tax disclosures. This article considers the rationale for introducing this schedule; which taxpayers are required to lodge the schedule, and when; and matters that will need to be disclosed.
Procedural Changes in Indian GST Law: Impact on Working Capital Requirements of Indian Businesses
Authors: Sharma A. (Ajay)
Published: December 2023

The seamless availability of the input tax credit is at the heart of the goods and services tax (GST) system. However, due to administrative challenges in implementing the GST, certain procedural changes have been made regarding provisional credit, offset rules and maximum credit restrictions which have affected the working capital requirements of Indian businesses. In this article, the author deliberates on these changes and reflects on their impact on the working capital requirements of Indian businesses.
Lower Court Decision on Use of Original Formula for Resale Price Method
Authors: Schoueri L.E.
Published: December 2023

On 19 August 2010, the Brazilian Regional Federal Court of the Third Region issued a decision in which it concluded that the calculation formula for the resale price method provided by Normative Ruling 243/02 is illegal, and that the applicable formula is the one provided by Law 9,430/96. This article analyses the main features of Brazilian legislation regarding the resale price method, as well as this lower court decision.
The OECD BEPS Project: A Status Update
Authors: Herrington M.
Published: December 2023

An overview of the BEPS-related papers, recently published by the OECD on 6 February 2015, is provided and this article furthermore attempts to explain the OECD’s proposed timeline for implementing the recommendations set out in those papers.
Dedicated Space at Commonwealth Games Constitutes a Permanent Establishment
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note reviews the Authority for Advance Rulings’ decision in the Production Resource Group case that a dedicated space at the 2010 Delhi Commonwealth Games to provide lighting, sound, video and LED technology services constituted a permanent establishment in India, and the income arising therefrom was business profits sourced in India, taxable in accordance with article 7 of the India-Belgium tax treaty (1993).
Tax Sparing Credits in
Tax Treaties: The Future and the Effect on EC Law
Authors: Meirelles Morvan
Published: December 2023

This article considers whether or not the Member
States of the European Union should continue to rely on tax sparing provisions
to assist developing or emerging economies from the perspectives of (1) the
effectiveness of tax sparing credits in promoting development in developing or
emerging economies and (2) the compatibility of tax sparing credits with EC
law.
The LOB Provision in the New Japan–Netherlands Tax Treaty
Authors: Hofland D. , Pötgens F.P.G.
Published: December 2023

In this note, the authors review the compatibility of the limitation on benefits provision of the Japan–Netherlands tax treaty with the OECD Model Tax Convention and the non-discrimination provisions and fundamental freedoms of the Treaty on the Functioning of the European Union, and conclude that it is clearly in conflict with a number of essential EU law provisions.
Taxpayers’ Rights in the Courtroom in Korea
Authors: Lee E. (EuiYoung)
Published: December 2023

This article looks at some of the issues that taxpayers may face when they appear before a Korean court.
Opinion Statement ECJ-TF 2/2021 on the ECJ Decision of 25 February 2021 in Société Générale (Case C-403/19) on the Calculation of the Maximum Amount of a Foreign Direct Tax Credit
Authors: Kofler G. , Garcia Prats F.A. , Haslehner W. , Heydt V. , Kemmeren E. , Lang M. , Nogueira J.F. Pinto , HJI Panayi C. , Raventós-Calvo S. , Richelle I. , Rust A. , Shiers R.
Published: December 2023

In this CFE Opinion Statement, submitted to the EU Institutions in September 2021, the CFE ECJ Task Force comments on the ECJ decision in Société Générale (Case C-403/19), which reinforces established case law that EU law neither prohibits juridical double taxation nor does it put an obligation on the residence Member State to prevent the disadvantages that could arise from the exercise of competence thus attributed by the two Member States.
Taxing Digital Businesses in Korea
Authors: Kim K.D. , Jin E.
Published: December 2023

In this issue of the Asia-Pacific Tax Bulletin we have curated a series of country reports taking a look at the direct and indirect taxation measures adopted by countries to tackle the tax issues and challenges of the digital economy. This article on Korea (Rep.) has been published together with five other countries (Australia, China, India, Indonesia and Malaysia) and with a lead article.
Thailand in International Tax Planning
Authors: Sheehan J. , Blaine J.
Published: December 2023

In this article, the authors explain the provisions in Thailand’s tax law that are designed to encourage foreign investment and economic development in the country. These include the participation exemption applicable to the taxation of foreign sourced dividends and capital gains under the holding company regime, and the international headquarters regime. The article addresses tax planning structures, which benefit from Thailand’s domestic law and tax treaties. The authors also discuss the current state of transfer pricing, adoption of BEPS initiatives and anti-avoidance rules in Thailand’s legislation.
Proposed New Controlled Foreign Company Regime: Simpler and More Competitive with Significant Practical Implications
Authors: Sharkey N.C.
Published: December 2023

In this article, the author reviews the February 2011 Exposure Draft on the new Australian controlled foreign company regime, highlighting where the law and policy are proposed to be changed and attempts to indentify the rationale for the changes and possible outcomes.
The CFE’s Contribution to European Taxation’s 60th Anniversary Issue: 60 Years of Tax Advisory Work in the Area of EU Tax Policy
Authors: Ivanovski A. , McIntosh B.
Published: December 2023

In this note, the CFE comments on 60 years of tax advisory work in the area of EU tax policy. The CFE emphasizes that effective cooperation between tax advisers implies a stronger impact on EU and international tax developments, and hence a more robust protection of taxpayer rights. This is particularly important in the face of the current challenges facing the tax advisory community, such as the digitalization of the economy.
In Search of VAT Neutrality for BOTs and PPPs in Turkey
Authors: Sanver A.
Published: December 2023

Turkey attracts significant flows of funds from abroad and imports large quantities of (investment) goods and services from suppliers established in the European Union, inter alia, in the framework of build-operate-transfer (BOT) and public-private-partnership (PPP) structures. The legislature attempts to neutralize the VAT burden on those projects by means of specific, ad hoc measures. In this article, the author examines to what extent the concessions for investment projects under BOT and PPP structures actually achieve the desired neutrality of VAT.
OECD: Multilateral Instrument To Implement BEPS
Authors: Silberztein C. , Tristram J-B.
Published: December 2023

The OECD/G20 Base Erosion and Profit Shifting (BEPS) Project deliverables include, among other recommendations, changes to the OECD Model. In order to fulfil the desire of OECD and G20 leaders to dramatically increase the pace in reforming international tax law, the OECD is introducing with the multilateral instrument an innovative tool which should allow rapid implementation of agreed treaty-related measures. The authors address the origin of and work related to this multilateral instrument, its potential contents and the outstanding issues.
Behavioural Transfer Pricing – Towards Enhanced Transparency and Compliance?!
Authors: Lagarden M.
Published: December 2023

Behavioural transfer pricing is the deliberate attempt to enhance or enforce arm’s length behaviour in multinational enterprises’ transfer pricing dealings, with a view to establishing a more robust culture of compliance. Different instruments or incentives are used to impact upon firm behaviour in this regard. Main driving forces behind this general movement triggered by the BEPS Project are international regulatory bodies like the OECD, the EU Commission, the UN, IMF and, last but not least, the G20 and fiscal authorities in other countries.
The Proposed General Anti-Avoidance Rule – A Critical Analysis
Authors: Susarla K.
Published: December 2023

The proposed general anti-avoidance rule contained in the draft Direct Taxes Code is described and critically analysed by the author.
Towards a Homogeneous Theory of Abuse in EU (Direct) Tax Law
Authors: Martín Jiménez A.
Published: December 2023

In this article, the author focuses on the direct and indirect tax case law of the European Court of Justice and uses this to attempt to determine a uniform interpretation of the principle of the prohibition of the abuse of EU tax law.
Danish “Beneficial Owner” Cases – A Status Report
Authors: Severin Hansen H. , Esbjerg Christensen L. , Endicott Pedersen A.
Published: December 2023

The article provides an overview of the Danish cases on “beneficial
ownership”, pending before the Danish ordinary courts, and to a limited extent
concluded, together with a consideration of some of the issues on which the
Danish courts, and the Court of Justice of the European Union, must
decide.
The US IRS Publishes Regulations on Hybrid Instruments and Entities
Authors: Carman P.
Published: December 2023

On 28 December 2018, the US Internal Revenue Service (IRS) published Proposed Regulations providing details as to the new US limitations on the deductibility of payments in respect of hybrid instruments and hybrid transactions. This article discusses the new rules extensively.
Serbia Introduces New Tax Incentives to Boost the Knowledge-Based Economy
Authors: Živković L. , Demirović D.
Published: December 2023

In this article, the authors examine recently introduced legislative amendments in Serbia establishing a tax incentive regime for the knowledge-based economy. With the aim of supporting businesses doing R&D in Serbia, the following tax incentives were instituted: an IP box, double deduction of R&D expenditures, a tax credit for investments in innovative start-ups and a beneficial treatment of employee stock option plans. This article analyses these incentives in detail.
New Transfer Pricing Forms To Increase Transfer Pricing Compliance
Authors: Goh D.
Published: December 2023

The Malaysian tax authorities have begun issuing new tax forms aimed at gathering information on related-party and cross-border transactions. This article analyses these forms and their potential impact on taxpayers.
The Lack of Anti-Avoidance Rules in the Chinese Individual Income Tax
Law: A Loophole for Indirect Transfer of Shares by Non-Resident
Individuals
Authors: Pu J.S.
Published: December 2023

China’s Individual Income Tax Law does not contain an anti-avoidance
provision, unlike the Enterprise Income Tax Law, which makes the taxation of an
indirect transfer of shares in a Chinese company legally groundless and it also
creates a difference in the tax treatment of non-resident individuals and
enterprises. From the perspective of a good tax policy, it is necessary to
regulate the taxation of income from a cross-border indirect sale of shares by
a non-resident individual. This article makes suggestions in this regard,
including the clarification of the source of income derived from share
alienations and the adoption of anti-avoidance rules in the Chinese individual
income tax laws and regulations, as well as the development of a comprehensive
anti-avoidance law to resolve the conflict between the legislation and the tax
authority’s practice.
Selected Recent Italian Tax Court Decisions on Transfer Pricing
Authors: Avella F.
Published: December 2023

This note provides an overview of selected recent Italian tax court decisions on transfer pricing. “Hot topics” covered include the significance of the arm’s length range, the application of the arm’s length principle to non-interest-bearing shareholder loans and the burden of proof in transfer pricing cases.
Comparability Analysis under COVID-19 Circumstances in Light of the OECD Guidance on the Transfer Pricing Implications of the COVID-19 Pandemic
Authors: Orlandi M.
Published: December 2023

This article depicts potential future scenarios that MNEs may have to face in the near future in light of the recent Guidance on the transfer pricing implications of the COVID-19 pandemic issued by the OECD. To this end, such scenarios are developed through a practical example that shows how year-end transfer pricing adjustments may be influenced by the pandemic according to the recommendation provided by the above-mentioned guidance.
A Model Taxpayer’s Charter – Why?
Authors: Hayes I.
Published: December 2023

This note describes a research project, undertaken in 2012 by the Asia
Oceania Tax Consultants' Association (AOTCA), Confédération Fiscale Européenne
and the Society of Trust and Estate Practitioners to evaluate the existence and
role of taxpayer charters globally, which culminated in the release of a model
taxpayer's charter for public comment.
Opinion of Advocate General in GfBk Has an Impact on the VAT Position of Investment Advisers
Authors: Kasteren E. van
Published: December 2023

After describing the GfBk case and why VAT in that case was so significant, the author analyses the distinction between asset management and investment advisory services for VAT purposes. The opinion of the Advocate General and its current and potential impact are also considered, and suggestions are offered for avoiding potentially adverse VAT consequences.
Finance Bill 2013
Authors: Roxburgh D.
Published: December 2023

This note deals with the Finance Bill 2012-13 to 2013-14, which was
published on 28 March 2013. The Bill embodies proposals contained in the 2013
Budget, which was presented to Parliament on 20 March 2013, but predominately
comprises other clauses that were substantially issued for consultation in
advance.
Transfer Pricing Changes 2019
Authors: Jamroży M.
Published: December 2023

Amended transfer pricing documentation and reporting requirements are applicable in Poland, generally with effect from 1 January 2019. These changes are expected to further increase the compliance burden for big multinational businesses and lessen the burdens for, in particular, small and medium-sized enterprises.
The Taxation of Digital Transactions in India: The New Equalization Levy
Authors: Wagh S.
Published: December 2023

This article discusses the international work on the taxation of the digital economy with a specific focus on the Indian provisions with regard to the taxation of digital transactions, especially the recently introduced equalization levy. The author also considers Indian and international case law on this subject.
BEPS Initiative in Colombia: Transfer Pricing for the Modern World
Authors: Espinel Coral M.I.
Published: December 2023

In light of the OECD BEPS initiative and the Transfer Pricing Manual published in 2013 by the UN, this article focuses on transfer pricing in Colombia. It describes the general background and what the implementation of the transfer pricing regime so far has meant for Colombia. The current framework and its upgrade after the BEPS initiative and publication of the manual will also be compared.
Integration of Taxes on Inheritances, Estates and Gifts into the OECD Model Tax Convention on Income and on Capital: The Curious Case of Special Provisions – Part 2
Authors: Szczepański J.K.
Published: December 2023

In Part 2 of this article, the author continues his examination of the interaction between the special provisions in the OECD Model Tax Convention on Income and on Capital, and conceptual foundations of taxes on inheritances, estates and gifts in light of the OECD Estate, Inheritance and Gift Model Convention.
Pillar One, Pillar Two, Transfer Pricing and the Arm’s Length Principle: A Tangled Web of New and Old Taxing Rules
Authors: Petruzzi R. , Padwalkar A.
Published: December 2023

The OECD Inclusive Framework introduced the Two-Pillar solution – intended to coexist with the current tax framework – to address challenges in an evolving economy. The interaction between the new and old rules may create tensions. This article examines potential tensions between the Pillars and existing transfer pricing rules.
Technology Can Solve MTIC Fraud – 3 and Final
Authors: Ainsworth R.T.
Published: December 2023

In his recent article “Technology Can Solve MTIC Fraud – VLN, RTvat, D-VAT certification”, Richard Ainsworth discussed the three main options that claim to be capable of resolving missing-trader VAT fraud, and concluded that real-time VAT collection (RTvat) is the only solution that is actually capable of preventing that type of fraud and limiting several other forms of fraud. In his follow-up article, Chris Williams briefly responds to Richard Ainsworth’s reservations as regards the central auditing function that forms part of RTvat’s proposal for real-time VAT collection. Richard Ainsworth has the final word in this discussion on the merits of real-time VAT collection in general and RTvat in particular.
Electronic Marketplaces May Be Held Liable for German VAT – New Rules Entered into Effect on 1 January 2019
Authors: Grambeck H-M.
Published: December 2023

From 1 January 2019, the German authorities decided, under certain circumstances, to make the electronic marketplaces liable to German VAT if traders acting there do not comply with their VAT obligations. In this article, the author explains the new rules and the actions to take for both marketplaces and traders supplying goods in Germany through marketplaces.
The European Union and More Effective Tax Audits
Authors: Hel-van Dijk E.C.J.M. van der
Published: December 2023

Internationalization has resulted in greater cooperation between EU tax authorities. An extensive network of international treaties and bilateral agreements should permit effective international cooperation, but these appear to be insufficient regarding joint tax audits. Why is this the case and how can cooperation between the Member States be improved?
Opinion Statement FC 4/2017 on the Proposed Directive on Double Taxation Dispute Resolution Mechanisms in the European Union
Authors: CFE Fiscal Committee
Published: December 2023

This CFE Opinion Statement, submitted to the European Institutions on 23 May 2017, comments on the Commission’s proposals to expand and improve upon the mechanisms available to Member States to resolve double taxation disputes, in particular the introduction of a Council Directive.
South Africa: the Volkswagen case and the secondary tax on companies :
Part 1 - the outcome
Authors: Hattingh J.
Published: December 2023

In Part 1 of this article, the author examines the recent South
African High Court case of Volkswagen regarding the secondary tax on companies
and, in Part 2, considers the implications of the case for the taxation of
dividends in the country and, more generally, deals with the OECD Model Tax
Convention's dividend definition as applied to deemed (constructive)
dividends.
Some Comments on the Attribution of Profits to the Digital Permanent Establishment
Authors: Brauner Y. , Pistone P.
Published: December 2023

In the authors’ view, the concept of digital permanent establishment (PE) is the preferable solution to tackle the challenges of the digital economy. In this article, the authors comment on the attribution of profits to digital PEs.
Opinion Statement FC 15/2014 on Developing a Multilateral Instrument to Modify Bilateral Tax Treaties (BEPS Action 15)
Authors: CFE Fiscal Committee
Published: December 2023

This is an Opinion Statement on Developing a Multilateral Instrument to Modify Bilateral Tax Treaties (BEPS Action 15), prepared by the CFE Fiscal Committee and submitted to the OECD in December 2014. Action 15 (a multilateral instrument to modify bilateral tax treaties): CFE Opinion Statement 15/2014 of 19 December.
The New Italian Tax Shield: Amnesty for Undeclared Offshore Assets
Authors: Mastellone P.
Published: December 2023

In this article the author analyses the new Italian Tax Shield (Scudo fiscale), which allows taxpayers to disclose financial activities and properties illegally held abroad and ignored by the tax administration, subject to payment of a forfait tax and without being subject to certain tax assessments and tax and corporate criminal charges. The author illustrates the operative aspects of the provisions and potential problems.
Intra-Group Transactions from VAT Point of View – The Pricing
Authors: Boros A.E.
Published: December 2023

Intra-group transactions performed by members of multinational enterprise groups can have in several particular implications in the field of taxation. In this article, the author analyses the impact of the potential VAT consequences of pricing in intra-group transactions, which covers the VAT treatment of transfer pricing adjustments and the application of open market value.
Opinion Statement ECJ-TF 3/2020 on the General Court Decisions of 15 July 2020 in Ireland v. Commission and Apple v. Commission (Joined Cases T-778/16 and T-892/16) on State Aid Granted under Tax Rulings Fixing the Attribution of Profits to Permanent Establishments in Ireland
Authors: CFE ECJ Task Force
Published: December 2023

This CFE Opinion Statement, submitted to the EU Institutions on 2 December 2020, addresses the General Court decisions in Ireland v. Commission and Apple v. Commission (Joined Cases T-778/16 and T-892/16) on 15 July 2020.
Tax Litigation before the Italian Supreme Court of Cassation: An Overview
Authors: Scuffi M.
Published: December 2023

This article provides an outline of the workings of the Italian judicial system, with special reference to the functioning of the Corte Suprema di Cassazione (Supreme Court of Cassation).
Analysing Recent EU Leading Transfer Pricing Cases
Authors: Roth C.
Published: December 2023

The reliance on article 107(1) of the TFEU to monitor the granting of transfer pricing rulings has been a controversial issue. In this regard, important jurisprudence has been rendered in 2021 and 2022. Has the Commission’s practice to use an autonomous EU arm’s length principle come to an end?
US IRS Confirms Creditability of UK Remittance Basis Charge
Authors: Choi W.
Published: December 2023

The author, in this article, examines a recent US Internal Revenue Service (IRS) Revenue Ruling, in which the IRS confirmed that the UK remittance basis charge is creditable for US tax purposes.
Tax Treatment of Hybrid Finance Instruments
Authors: Gelder G. van , Niels B.
Published: December 2023

The authors consider the Dutch tax treatment of hybrid finance
instruments in light of the debate within the OECD, G20 and European Union on
tax avoidance by multinational enterprises and recent case law developments in
the Netherlands.
The Advocate General’s Opinions in the Fiat State Aid Case: Underestimating the Arm’s Length Principle
Authors: Chamberlain D.G.
Published: December 2023

In this article, the author undertakes a critical review of the Advocate General’s two Opinions in the State aid case against Luxembourg’s tax ruling regarding Fiat’s finance subsidiary. He urged the Court of Justice to overturn the General Court’s decision and annul the European Commission’s decision. The Advocate General failed to appreciate the Commission’s authority to rely on the arm’s length principle regardless of whether that authority derives from Luxembourg’s positive law or directly from EU competition law.
Brazil’s Treaty Policy
Authors: Rocha S.A.
Published: December 2023

The author, in this article, considers Brazil’s treaty policy as it has developed over time, with special reference to the influence of the OECD Model and the UN Model on this policy.
US Tax Reform: Possible Impact on the Netherlands
Authors: Haan P.M. de , Baldewsing B. , Offermanns R.
Published: December 2023

In this article, the authors discuss the possible impact on the Netherlands of the recently proposed tax reform in the United States.
The Brazilian CFC Regime: Recent Developments
Authors: Violin P.
Published: December 2023

This article describes the new Brazilian regime for controlled and
affiliated foreign companies as introduced by Provisional Measure 627/2013.
The VAT regime
Authors: Van D.T.Q.
Published: December 2023

The author describes the new value added tax regime under the new law
which came into effect from 1 January 2009.
The Arm’s Length Principle and Equity Dispositions: The Case of Thick Capitalization – Part 1
Authors: Bullen A. , Goller M.
Published: December 2023

The arm’s length principle has existed for more than 100 years, and a large number of equity dispositions have been undertaken for even more years. Still, neither the OECD nor the Norwegian legislator has ever suggested that the arm’s length principle can be applied to equity dispositions. Is this a coincidence or are there valid reasons for not applying the arm’s length principle to equity dispositions? In this article, the authors examine this issue from the perspective of the arm’s length provision contained in the OECD Model and Norwegian domestic law, aimed at the particular case of thick (equity) capitalization.
The 2023 Portuguese State Budget: Are Families and Companies Sufficiently Protected Against Inflation?
Authors: Moniz R. Botelho
Published: December 2023

In this note, the author addresses the provisions of the 2023 Budget, most of which are aimed at mitigating the effects of inflation for companies and individuals.
Patterns of Reduced VAT Rates in the European Union
Authors: Borselli F. , Chiri S. , Romagnano E.
Published: December 2023

Reduced VAT rates have positive and negative effects. In this article, the authors briefly discuss the main studies available on VAT rate structures and the impact of those structures on tax revenues. They have also developed a method for calculating the “erosive effect” of reduced rates and exemptions on the VAT revenues that each of the 27 Member States can theoretically derive from consumption by households. On the basis of the results of that analysis, the authors show the regional patterns of those VAT concessions.
The Interplay between FAR Analysis and AOA in a Digitalized Economy
Authors: Orlandi A. , Iervolino R. , Rizzo A.
Published: December 2023

The article examines the analysis of the significant functions of a permanent establishment in a digitalized economy as well as the attribution of assets, risks, capital and liabilities to the latter with specific considerations related to digital businesses. Specifically, the article analyses how the “Authorized OECD Approach” interlaces with the aspects of the digitalization of the economy, among which the “Unified Approach” under Pillar One.
Profit Attribution to a Fixed Place Permanent Establishment: Case Study – Showroom
Authors: Gramm C.
Published: December 2023

The impact of the amendment to article 5(4) of the OECD Model on the attribution of profit to PEs is shown in a practical example of a showroom.
Trends in the taxation of outbound foreign direct investment
Authors: Law S.B.
Published: December 2023

Two trends have emerged from the signals being given by policymakers
in Canada, the United Kingdom, the United States, Australia and New Zealand on
the taxation of outbound foreign direct investment. First, these countries have
moved, or are moving, to an exemption system for foreign participation
dividends, away from a "taxable with credit" system. Second, the CFC rules in
these countries are becoming narrowly focused on specific types of passive
income, with increasingly numerous exclusions. This article examines these two
trends.
The Role of the UN Model in Peru’s Tax Treaties
Authors: Luyo Acosta K.
Published: December 2023

In this article, the author examines the influence of the UN Model on Peru’s treaty practice, with particular emphasis on the extent to which Peru has adopted the provisions of the UN Model rather than those of the OECD Model.
Straight-Through Processing: Difficulties in Applying the Royalties Article of the OECD Model
Authors: Thelosen R.A.W.
Published: December 2023

This article analyses the 2008 updated royalties article of the OECD Model Tax Convention on payments with regard to straight-through processing arrangements to determine whether or not such payments should be subject to withholding tax on the basis of the royalties article.
Parliament
Authors: Valério C.
Published: December 2023

This overview highlights the Parliament’s (i) resolution on the impact of national tax schemes on the EU economy, (ii) recommendation on Mutual Recognition of Tax-Exempt Organizations, and (iii) call for action to reduce the EU VAT gap.
The Use of General Anti-Avoidance Rules as Quasi-Transfer Pricing Control Mechanisms in the Commonwealth Caribbean
Authors: Rodulfo C.
Published: December 2023

In spite of being deemed non-cooperative jurisdictions for the purposes of taxation by the European Union, the member states of the Caribbean Community (CARICOM) maintain the ideals of taxation autonomy in dealing with their fiscal affairs. With Jamaica being the only CARICOM jurisdiction that has enacted comprehensive transfer pricing legislation that complies with the OECD Guidelines, other Member States have sought to use general anti-avoidance rules (GAAR) to manage and assess this type of transaction. These GAAR are encompassed in the statues of the various Caribbean jurisdictions and tend to be interpreted purposively in order to capture instances of tax arbitrage through transfer pricing. This article will assess the policies existing in three CARICOM nations – Guyana, St. Lucia, and Trinidad and Tobago – and determine their effectiveness in addressing the implications of base erosion and profit shifting in transfer pricing.
2008 OECD Model : operation and effect of Article 4(1) in dual residence
issues under the updated commentary
Authors: Raad C. van
Published: December 2023

According to the updated Commentary on Art. 4 (Residence) of the OECD
Model, a person who, under the domestic laws of States A and B, is a resident
of both states but who, under the tax treaty between States A and B, is a
resident only of State A cannot, as a domestic law resident of State B, have
access to a tax treaty between State B and a third state from which he derives
income. This article examines whether the new Commentary has the intended
effect.
The EU Arbitration Convention: Reinforcing the Procedure To Cope with an
Expected Flood of Double Taxation Disputes
Authors: Van Vlem X. , Markey B. , Leclercq A. , Verlinden I.
Published: December 2023

The authors suggest various ways to improve the functioning of the
Arbitration Convention (90/436/EEC), especially in light of the anticipated
increased number of double taxation disputes in the coming years.
The New Article 7 of the OECD Model Tax Convention: The End of the Road?
Authors: Nouel L.
Published: December 2023

The latest version of the OECD Model Tax Convention was released in July 2010. This article first provides a brief historical background to Art. 7 and then undertakes an analysis of the content of the new Art. 7, its Commentary and the authorized OECD approach.
Tax Treaty Case Law News - A Trio of Recent Cases on Beneficial Ownership
Authors: Arnold B.J.
Published: December 2023

In this third Tax Treaty Case Law News, Brian Arnold comments on three recent cases regarding the concept of beneficial ownership involving courts in Canada, Switzerland and Denmark.
Cross-Border Rulings: Direct and Indirect Taxation
Authors: Kokolia E. , Lazaretou T.
Published: December 2023

The authors analyse the different approaches to transparency of rulings regarding cross-border transactions in respect of both direct and indirect taxation. They consider that the enhanced transparency and model approach to VAT and cross-border rulings could also apply in respect of direct taxation and acknowledge that the political agreement reached on 6 October 2015 on the Directive for automatic exchange of information on cross-border rulings is a step in the right direction.
Finance Act 2020: India Puts Nail in the Coffin to the Gordian Knot of Stateless Persons
Authors: Kumar H. , Jha A.
Published: December 2023

The government of India on 27 March 2020 notified the Finance Act 2020. Vide the Act, the government inserted subsection (1A) into section 6 of the Income Tax Act 1961, which introduces a new form of residency for Indian citizens, i.e. “deemed to be resident”. The article analyses the changes in residency rules and the far-reaching implications of the same.
Insurance of Tax Risks: The Current State of Play in Asia
Authors: Lange M.A. de , Wong A. (Aris)
Published: December 2023

As tax rules around the world tighten at an unprecedented pace and tax authorities step up their game by making considerable investments in data, technology and skilled professionals, we see a monumental shift in the thinking of corporates; from minimizing the tax bill to minimizing tax risks. A logical consequence of this is that new strategies are emerging to mitigate tax risks, in both a transactional and non-transactional context. Insuring tax risks is one of those strategies that is rapidly gaining momentum. This article discusses the insurance of tax risks and the current state of play in Asia.
Post-acquisition integration - what you need to do? Japan
Authors: Whatley E.T. , Kobayashi S.
Published: December 2023

Part of a comparative survey based on selected papers presented at the
Baker & McKenzie 24th Annual Asia-Pacific Tax Conference held in Kuala
Lumpur, Malaysia on 13 and 14 November 2008. The scenario assumed is where two
foreign groups merge overseas and this is followed by: a local merger; a local
acquisition of assets; or the retention of the two separate local operating
units. Questions considered are: 1. Are there alternative approaches to local
country consolidation, including the trade-offs among (i) tax efficiency, (ii)
speed and (iii) fees/costs? 2. Are there opportunities to step up the basis of
assets? 3. Are there any leveraging opportunities that could generate
tax-efficient interest deductions? 4. What are the capital gains tax and stamp
tax issues and potential planning relating to transfers of shares to position
the subsidiaries for the ultimate consolidation? 5. How can the tax losses of
one entity be preserved? 6. What opportunities exist to restructure
intellectual property rights so as to generate tax efficiencies? 7. What tax
elections, if any, need to be made? 8. If the entities have different tax
years, can this be changed? 9. Are there any obvious tax-related employment
issues that arise? 10. Are there any other obvious tax planning
opportunities?
Multilateral Tax Treaties
Authors: Baker P.
Published: December 2023

The international tax architecture is dominated by thousands of bilateral treaties. However, multilateral tax treaties (MTTs) are also present in growing numbers. Recent developments have pointed the way to a possible future growth in MTTs. This article examines the advantages and disadvantages of MTTs, and considers their possible future role.
Some Recent Decisions of the European Court of Human Rights on Tax
Matters
Authors: Baker P.
Published: December 2023

The author
examines recent decisions of the ECtHR relating to human rights and taxation
including a claim regarding the failure to return aircraft seized in the course
of a tax investigation of an unrelated party, a claim for an exemption from a
government social security system where the applicant had private coverage, an
allegation that the applicant's right to a fair trial had been breached where
evidence was obtained as a result of an exchange of information and a case
alleging tax police abuse.
Possible Application of the Berry Ratio for the Distribution Function in the Chemical Industry
Authors: Hickman A. , Sporken E. , Midzio M.A.
Published: December 2023

This article outlines the possibilities that exist in the United Kingdom, the Netherlands, Germany, France and Italy for taxpayers to apply the Berry ratio as a reliable profit level indicator in determining the arm’s length remuneration paid by a manufacturer to local distributors for services rendered. The authors reconsider how remuneration is calculated for distributors in the chemical industry, particularly those trading in commodity, as opposed to specialty, chemicals.
Supplies of Blood Plasma in the Light of VAT
Authors: Ahrens B. , Bothe M.
Published: December 2023

In derogation to their former practice, the German tax authorities nowadays consider the supply of blood plasma to be exempt from VAT purposes irrespective of its actual use. However, on 24 March 2015, the Hessian Finance Court decided to submit to the Court of Justice of the European Union the question of whether article 132(1)(d) of the VAT Directive must be interpreted as exempting blood plasma from VAT. In this article, the authors provide a method-based interpretation of the national exemption regulations, demonstrating that the intended use of the supply of blood plasma has to be considered carefully.
Advance Pricing Arrangement Programme Introduced in 2012
Authors: Richter M. , Cheung P. , Coronado L.
Published: December 2023

This article outlines some of the key features of Hong Kong’s APA programme as identified from the recently issued Departmental Interpretation and Practice Notes No. 48, and analyses the likely impact of an APA in Hong Kong.
The Impact of COVID-19 on the Transfer Pricing of Intercompany Financial Transactions such as Loans, Borrowings and Guarantees – An Indian Perspective
Authors: Patel V. , Mahajan A. (Amol) , Bandyopadhyay A.
Published: December 2023

The article analyses the economic and financial impact of COVID-19 on transfer pricing aspects of intercompany financial transactions – particularly loans, borrowings and guarantees – from an Indian perspective, taking into account the fiscal measures adopted by the government and the Reserve Bank of India
An Overview of the Future Luxembourg Intellectual Property Tax Regime
Authors: Vukovic F. , Mermet V.
Published: December 2023

On 4 August 2017, the Luxembourg Finance Minister introduced a draft bill setting out a new Intellectual Property tax regime for Luxembourg, intended to enter into force as from the 2018 tax year. The bill introduces a new article 50ter within the Luxembourg Income Tax Law. Based on this draft legislation, net income derived from eligible IP assets will (subject to a “nexus ratio” restriction) enjoy an 80% exemption for corporate income tax and municipal business tax purposes. The eligible IP assets will also benefit from a full net wealth tax exemption.