bluuebunny/crossref_metadata_2025 huggingface dataset:
BEPS Action 2: Italian ACE Regime
Authors: Tognolo P.
Published: December 2023

In this article, the author comments on the Italian Allowance for Corporate Equity (ACE) regime, pursuant to which, subject to certain conditions, a portion of a company’s global income might benefit from a discount in respect of the payment of Italian corporate income tax and business regional tax. In particular, the author determines that ACE is not a hybrid mismatch instrument and discusses the extent to which it might lead to double non-taxation in light of BEPS Action 2.
Hidden Dividend Distributions in Luxembourg: A Technical Guide
Authors: Hoor O.
Published: December 2023

Hidden dividend distributions are essentially advantages shifted by a company to its shareholder(s) that a third party would not have received. As the concept of hidden dividend distributions is rarely covered in the literature, this article aims to define the main traits of the concept and clarify its tax implications in Luxembourg.
Revision of Transfer Pricing Regulations
Authors: Phan A.T. , Mu M.
Published: December 2023

The authors describe the main changes resulting from the issuance of a new transfer pricing regulation by the Indonesian Tax Office in November 2011.
More Clarity Regarding the Deduction Limitation for Transaction Costs in the Netherlands?
Authors: Yeung S.Y.A. , Bekkers L.
Published: December 2023

This article considers a recent Dutch Hoge Raad (Supreme Court) ruling with regard to the tax deductibility or otherwise of transaction costs in respect of an acquisition or a divestment of a participation in an entity and the implications of the HR’s decision for Dutch tax practice.
VAT Registration Thresholds in Europe
Authors: Annacondia F.
Published: December 2023

As is traditional in the sixth issue of each year, in this issue of the International VAT Monitor an overview is presented of the VAT registration thresholds in most European (both EU and non-EU) countries, applicable in October 2017 and supplemented with announced amendments entering into force on 1 January 2018.
Capital Gains Tax Owed by Foreign Partners of French SCIs on French Real Estate Sales: Is the 33 1/3% French Withholding Tax a Restriction on the Free Movement of Capital?
Authors: Sand C.
Published: December 2023

In this note, the author examines recent decisions of the French administrative courts, as well as one of the Supreme Administrative Court, that have decided in favour of the 16% reduced (as opposed to 33 1/3%) withholding tax rate applicable to capital gains on real estate sales by French SCIs held by non-EU partners.
Cooperative Compliance in Austria
Authors: Fiala F. , Ramharter L.
Published: December 2023

Austria’s cooperative compliance programme, referred to as Begleitende Kontrolle entered into force on 1 January 2019. This article provides an initial overview of the new programme, presents its benefits and drawbacks and identifies potential concerns.
What Is Needed To Perfect the Chinese GAARs?
Authors: Zhang Z.
Published: December 2023

This article considers certain issues that should be addressed in the pursuit of the perfection of the Chinese general anti-avoidance rules (GAARs).
New Trend of Italian Tax Courts to Overrule IRAP Taxation of Dividends Received by Banks, Insurance Companies and Financial Holding Companies
Authors: Forestieri V. , Villa R.
Published: December 2023

In this note, the authors discuss two Italian cases wherein the lower courts, in response to a Constitutional Court decision finding that the EU Parent-Subsidiary Directive (2011/96) tax exemption for intra-group dividends extends to Italian regional tax on productive activities (IRAP), reversed IRAP taxation of dividends received by banks, insurance companies and financial holding companies.
Tax Treaty Policy on Article 9 of the OECD Model Scrutinized
Authors: Solilová V. , Steindl M.
Published: December 2023

The authors, in this article, consider the history, context
and purpose of article 9 of the OECD Model and analyse the position of the
Czech and Austrian Ministries of Finance with regard to the application of
article 9 of the Austria-Czech Republic Income and Capital Tax Treaty
(2006).
Aligning the Location of Taxation with the Location of Value Creation: Are We There Yet!?!
Authors: Nikolakakis A.
Published: December 2023

In this 75th anniversary issue of the Bulletin for International Taxation, Angelo Nikolakakis examines critically the implications of the initiatives – the OECD/G20 Base Erosion and Profit Shifting Project and the (resulting) Pillars One and Two – that have been suggested as ways of reforming the international tax regime. The analysis is focussed in particular on the implications of these initiatives with regard to the goal of aligning the location of taxation with the location of value creation.
Publication of 2010 Transfer Pricing Guidelines
Authors: Bernegger S.
Published: December 2023

On 28 October 2010, the Federal Ministry of Finance published Austrian Transfer Pricing Guidelines, the first domestic transfer pricing guidelines published in Austria. These Guidelines include a compilation of earlier published opinions of the Ministry of Finance with regard to certain transfer pricing issues, as well as the first interpretations with regard to other issues.
Access to Justice in the United States Tax Court
Authors: Leyden D.L. , Panuthos P.J.
Published: December 2023

The authors, in this article, discuss the issues that taxpayers may encounter when taking a case before the United States Tax Court, and the efforts to assist pro se petitioners in obtaining free legal counsel.
“Payment Thinking”: A New Tax Collection Strategy or Old Wine in New Bottles?
Authors: Smitte P. van der , Öbrink A.
Published: December 2023

In this article, the authors consider whether the current thoughts on the concept of “payment thinking” regarding the collection of tax are new or are only just old thinking repackaged. The authors also argue that this would be a simple way in which to increase effectiveness and efficiency.
Transfer Pricing Considerations for Procurement and Sourcing Entities
Authors: Tcherveniachki V.
Published: December 2023

This article deals with the arm’s length determination of transfer prices for intercompany sourcing activities. In particular, it challenges the view that intercompany sourcing activities represent merely routine services that should be entitled to a low cost-based remuneration without considering any markup on the procurement cost. On the contrary, sourcing activities are usually part of the key value chain of MNE groups meaning that the inclusion of the purchasing cost for raw materials or goods in the cost base is appropriate in the context of the application of the cost-plus method in accordance with the OECD Transfer Pricing Guidelines.
The UN Practical Manual on Transfer Pricing for Developing Countries: Should It Depart from the OECD Transfer Pricing Guidelines?
Authors: Ablet L.G.
Published: December 2023

This article will address the issue of transfer pricing regulations in developing countries and, more particularly, the development of the United Nations Transfer Pricing Manual for use by developing countries. The main focus is on whether the UN Manual should depart from the OECD Transfer Pricing Guidelines.
The Germany–Luxembourg Income and Capital Tax Treaty (2012)
Authors: Jacob F. , Hagena A.
Published: December 2023

The authors, in this article, discuss some highlights of the new Germany–Luxembourg Income and Capital Tax Treaty (2012), with specific reference to novel approaches in Germany's treaty policy, and compare it to the Germany–Luxembourg Income and Capital Tax Treaty (1958) and the OECD Model (2010).
Landmark Ruling on the Tax Administration’s Duty to Respect the Taxpayers’ Choices
Authors: Raunio M. , Urpilainen M.
Published: December 2023

The Supreme Administrative Court found in case SAC 2018:173 that the Finnish tax administration did not have the legal right to disregard a taxpayer’s benchmarks and to make reassessments for the years 2006-2008 by applying the transactional profit split method. The taxpayer had not filed incorrect tax returns because it would have been possible for the tax authority to test the arm’s length profitability of intra-group transactions with the transfer pricing methods that the taxpayer had actually used and documented.
A Guide to the Netherlands DAC6 Guidelines
Authors: Korving J.J.A.M.
Published: December 2023

DAC6, which requires intermediaries and taxpayers who advise and/or organize reportable cross-border arrangements to report them to the tax authorities, is still subject to interpretation. Therefore, the Netherlands State Secretary for Finance published Guidelines on Reportable Cross-Border Arrangements on 30 June 2020. In this article, the author guides the reader through the process and provides highlights from the Netherlands guidelines, the main benefit test and discusses examples.
New Transfer Pricing Rules
Authors: Didenko V.
Published: December 2023

Much tighter transfer pricing rules took effect in Ukraine from 1 September 2013. The author considers the key features of these rules and suggests possible responses by taxpayers.
Indirect Transfer Tax – India’s Tryst with Retrospective Taxation and Treaty Disputes
Authors: Butani M. , Agrawal S. (Shankey) , Rao A.
Published: December 2023

In 2012, the Indian government amended the Indian Tax Law to introduce a tax on indirect transfers. This received immense backlash that was largely focused on a complex issue, i.e. Parliament’s power of retrospective application of tax-laws and its impact on international treaties. This attracted several disputes, domestic and international, which threatened the credibility of India’s investment environment, which led to the withdrawal of the retrospective amendment. The authors assesses the validity of such retrospective amendment in light of constitutional and domestic tax law policy. Further, the authors discuss the prominent disputes that arose in relation to the retrospective application of the indirect transfer tax, including the disputes before international investment arbitration tribunals. Thereafter, the authors highlight the international public policy initiatives as well as the remedial measures adopted by the Indian government.
IFA @ Paris: 65th Congress of the International Fiscal Association
Authors: Tron M.E.
Published: December 2023

In this foreword to the 2011 Special Issue, Manuel Tron, the President of the International Fiscal Association (IFA), introduces the Paris 65th IFA Congress. In so doing, he outlines the scientific and other aspects of the Congress, as well as providing some thoughts on the future of IFA.
Restriction to the Tax Deductibility of Financial Expenses: A Spanish View
Authors: Ferrer C. , Irazusta P.
Published: December 2023

Spain has introduced measures that significantly limit the deductibility of financial costs. This article goes through those limitations and makes a comparison with the EU trends.
Are VAT Exemptions Compatible with Primary EU Law?
Authors: Amand C.
Published: December 2023

The VAT exemptions are probably the most complex aspect of the
European VAT system. The official documents and reports that were published at
the time VAT was introduced in the European Union and the lack of information
on the purposes of the EU legislature in adopting specific VAT exemptions do
not make it easy for the Court of Justice of the European Union (ECJ) to
delimit the scope of the exemptions. Consequently, the ECJ’s attempts to
establish the purposes of specific exemptions are occasionally controversial
and arbitrary. In this article, the author presents the history of the VAT
exemptions.
Capital Gains Tax for Non-Residents Comes under Significant Review
Authors: Joseph A.
Published: December 2023

In this article, the author examines the Australian rules on the taxation of capital gains derived by non-residents on disposal of Australian real property.
What if Member States Subjected Non-Resident Taxpayers to Unlimited Income Taxation whilst Granting Double Tax Relief under a Netherlands-Style Tax Exemption?
Authors: Wilde M.F. de
Published: December 2023

In this article, the author seeks to illustrate, through examples dealing with cross-border business losses, what the result would be if Member States were to subject non-resident taxpayers to unlimited income taxation whilst granting double tax relief under a Netherlands-style tax exemption method.
The New Italian Cooperative Compliance Regime
Authors: Manca M.
Published: December 2023

The author, in this article, discusses Legislative Decree no. 128 of 5 August 2015, which introduces into the Italian domestic tax system the new cooperative compliance regime as of 1 January 2016.
Parliament
Authors: Xygka A.
Published: December 2023

This overview highlights the European Parliament’s (i) discussions between Paolo Gentiloni and Members of the European Parliament (MEPs) of the Committee on Economic and Monetary Affairs; (ii) the debate of the European Union’s reaction to the US Inflation Reduction Act at the Committee on Economic and Monetary Affairs; and (iii) the adoption of a resolution on implementation of passerelle clauses in EU Treaties.
Transfer Pricing Adjustments and the Elimination of Double Taxation in Purely Domestic Situations
Authors: Perrou K.
Published: December 2023

This article presents the recently enacted amendments to transfer pricing legislation in Greece that provide for a mechanism for the elimination of double taxation that may occur after transfer pricing adjustments are effected in a purely domestic situation.
How to Treat the Ride-Hailing Company Uber for VAT Purposes
Authors: Zechner L.
Published: December 2023

Current proceedings in the United Kingdom give cause to take a closer look at taxi hire company Uber and its treatment for VAT purposes. In December 2017, the Court of Justice of the European Union classified Uber’s services as “services in the field of transport” and not merely “information society services”. In this article, the author outlines how Uber is to be treated with regard to European VAT legislation.
Overview of National Taxation of the Financial Sector
Authors: Larking B.
Published: December 2023

The author presents an overview of past and present practices in various countries and in the European Union with regard to the taxation of financial transactions, with a focus on financial transaction taxes, financial activities taxes and bank levies.
Council
Authors: Alvarado M.
Published: December 2023

This overview highlights the Council’s authorization to open negotiations with the United Kingdom for a future partnership and the emergency tax measures adopted by the Eurogroup in response to the COVID-19 pandemic.
Recent Tax Law Developments
Authors: Biçer R.
Published: December 2023

Following a series of Constitutional Court decisions that struck a
number of unconstitutional tax provisions, there were a number of gaps in the
law that needed to be addressed. Law No. 6009 was enacted to resolve these
gaps, in particular in regard to personal income tax, investment income from
and capital gains on stocks and bonds, investment tax credits, as well as
certain corporate income tax exemptions and exceptions. This note addresses
these amendments.
Tax Competition’s Terminological and Factitious Lure
Authors: Prebble J.
Published: December 2023

Professor John Prebble evaluates contentions that tax competition is a social good. He charts the progress of the OECD from apparently supporting to seemingly abandoning that stance.
The Journey Goes On, but Where To? – A Review of the 2013 Korean Supreme
Court Decisions on Entity Classification Issues
Authors: Yoon J-H.
Published: December 2023

In this article, the author discusses a number of recent decisions by
the Korean Supreme Court regarding entity classification issues, particularly
in light of the OECD Partnership Report (1999). The author analyses their core
logic and points out how these decisions could have been better
shaped.
Tax Issues Relating to Intangibles
Authors: Partogi P.
Published: December 2023

The comparative survey articles are based on selected papers presented
at the Baker & McKenzie 28th Annual Asia-Pacific Tax Conference held in
Hong Kong on 1 and 2 November 2012. The 29th Annual Asia-Pacific Tax Conference
is expected to be held in Singapore in October 2013. For more information,
please contact Liane Tsang of Baker & McKenzie, Hong Kong by tel.: +852
2846 2358 or by e-mail: liane.tsang@bakermckenzie.com.
Exit Taxation Arising from a Deemed Disposal of Shares
Authors: Seiler M.
Published: December 2023

In this article, the author examines a recent decision of the Supreme Court of Appeal of South Africa (SCA) on the tax treatment of capital gains arising from a deemed disposal of shares under the Luxembourg-South Africa Income and Capital Tax Treaty (1998).
The Tax Treatment of Directly Held Real Estate under the Proposed CCCTB Directive
Authors: Vermeulen H. , Blaauw M.F.A
Published: December 2023

In this article, the authors examine how directly held real estate is treated under the proposed CCCTB Directive in comparison to the corresponding Dutch provisions and suggest certain revisions to the proposal.
2011 Income Tax Amendments
Authors: Lewicki T.
Published: December 2023

This article outlines significant corporate and personal income tax amendments that were recently adopted by the Polish legislator with effect from 1 January 2011. Whilst the overview primarily focuses on amendments affecting cross-border dealings and company reorganizations, the author also analyses whether or not the newly enacted regulations contribute to a more EU law compliant and coherent tax system and attempts to identify potential controversies that may arise due to the new laws.
The New Spanish Immediate Information Supply System
Authors: Romero Flor L.M.
Published: December 2023

In 2017, Spain introduced a system of immediate information supply. Under this system, taxable persons must electronically communicate invoice details to the tax authorities via the Internet, in real time, and the tax records of a taxable person are updated with this information. In this article, the author discusses this new system, the way it works and the obligations for taxable persons, and identifies its advantages and disadvantages.
Tax Issues in Consensual Debt Restructuring
Authors: Salvadori di Wiesenhoff V. , Egori R.
Published: December 2023

The authors review the income tax treatment commonly applied to consensual debt restructuring in Italy. In some circumstances, such transactions could imply the recognition of gains in the income statement of the borrower, which could, in turn, trigger potential tax consequences.
Treatment of Outsourced Elements of Payment Transactions under EU VAT
Authors: Zuidgeest R.N.F.
Published: December 2023

In this article, the author comments on two recent ECJ judgments, in Axa and Everything Everywhere, on the VAT treatment of services relating to transfers and payments. The author puts them in the perspective of previous ECJ case law and pending new EU VAT legislation. Financial institutions had hoped to find in these judgments an answer to the question of how activities outsourced by them must be treated for VAT purposes but the ECJ has not given any further explanation of the scope of the VAT exemption for transactions concerning transfers and payments.
The Taxpayer’s Rights in Court
Authors: Koopman R.J.
Published: December 2023

In this article, the author considers the issues that taxpayers can experience in appearing before tax courts in the Netherlands.
Commission
Authors: Xygka A.
Published: December 2023

This overview highlights the Commission’s (i) adoption of the rules implementing the Foreign Subsidies Regulation; (ii) amended package for the next generation of own resources and proposal of a new contribution based on company profits; (iii) annual report on taxation 2023; and (iv) report to the Council of the European Union on the progress on Pillar One.
VAT in the Oil and Gas Sector in Nigeria
Authors: Abdulrazaq A.O.
Published: December 2023

In this article, the author discusses some of the remarkable features of the Nigerian VAT system, in particular the limited right to deduct input VAT and the special arrangements applicable in the oil and gas sectors, which are Nigeria’s most important export sectors.
IRAS Consultation Paper on Transfer Pricing Documentation
Authors: Coronado L. , Syrett H. , Klein Martina
Published: December 2023

The Inland Revenue Authority of Singapore recently issued a public
consultation paper on transfer pricing documentation, which aims to provide a
better general understanding of Singapore taxpayers’ obligations in respect of
transfer pricing documentation, most notably introducing contemporaneous
transfer pricing documentation requirements. This article makes a comparison
between the current Transfer Pricing Guidelines, the consultation paper and the
recent guidance provided by the OECD, and addresses some concerns raised by
taxpayers as well as possible next steps.
Parliament
Authors: Valério C.
Published: December 2023

This overview highlights the Parliament’s (i) adoption of a regulation addressing foreign subsidies distorting the internal market; and (ii) FISC Subcommittee discussion on a draft report on the Pandora Papers
Negative Gearing: Retain or Reform?
Authors: Joseph A.
Published: December 2023

The author assesses the impact of the negative gearing provisions. He examines the applicable legislative provisions and makes a few recommendations.
Malta’s Draft Transfer Pricing Regulation and Proposed Trajectory
Authors: Bilaney S. , Tomaselli E.
Published: December 2023

Malta has been late in introducing formal transfer pricing rules. Being late is not bad; it offers an opportunity to frame regulations based on the learnings from other jurisdictions. In this article, the authors not only analyse the Maltese transfer pricing regulations but also suggest a possible trajectory to be future-ready.
The New Germany-Netherlands Income Tax Treaty (2012)
Authors: Perdelwitz A. , Offermanns R.
Published: December 2023

The authors, in this article, consider key aspects of the
Germany-Netherlands Income Tax Treaty (2012), including its investment income,
anti-avoidance, avoidance of double taxation and cross-border worker
provisions, and analyse major deviations from the OECD Model, as well as
differences in comparison to the Germany-Netherlands Income Tax Treaty
(1959).
Remarks on the Future Prospects of the OECD/G20 Programme of Work – Profit Allocation (Pillar One) and Minimum Taxation (Pillar Two)
Authors: Schreiber U.
Published: December 2023

This article examines the OECD/G20 programme of work dealing with the tax challenges arising from the digitalization of the economy, highlights the partial abandonment of the arm’s length principle, discusses two ways of minimum taxation, evaluates the obstacles to international tax coordination and considers the possible consequences for national tax policy.
A Critical Evaluation of the Special Income Tax Regime for the Banking Sector of Pakistan
Authors: Hassan B.
Published: December 2023

Based on its contribution to overall federal tax collection, the banking sector in Pakistan is the second largest after the oil and gas sector. In this article, the author summarizes and critically evaluates the provisions of income tax law governing the taxation of the income, profits and gains of banking companies.
Taxing Sugar-Sweetened Beverages: A Bittersweet Solution
Authors: Hammer M.
Published: December 2023

In this article, the author examines special taxes on sugar-sweetened beverages, which jurisdictions around the world are implementing in response to the growing obesity pandemic.
Resolving Multilateral Transfer Pricing Disputes under the Current Tax Treaty and European Frameworks: Shortcomings and Possible Suggestions for Improvement
Authors: Kardachaki A.
Published: December 2023

Over the past years, the number of transfer pricing disputes has been growing exponentially, while their nature is becoming more complex and multilateral. These trends are only expected to further intensify in the future. This article examines to what extent the currently available international and European dispute resolution frameworks, which have traditionally focused on bilateral dispute resolution, could be used by taxpayers and competent authorities to also resolve multilateral transfer pricing disputes in an effective and adequate manner.
Financial Markets Regulatory Outlook: The Year Ahead
Authors: Strachan D. , Bulley A.
Published: December 2023

The European financial services industry faces considerable strategic challenges in 2018. There is a large volume of implementation work being carried out, alongside uncertainties around the future shape of regulation. And though many initiatives have their roots in the financial crisis (now ten years past), others – such as work to address cyber resilience, Brexit, and Open Banking – reflect more recent concerns.
IFA @ Copenhagen: 67th Congress of the International Fiscal
Association
Authors: Tron M.E.
Published: December 2023

In this foreword to the 2013 Special Issue, Manuel E. Tron, President
of the International Fiscal Association (IFA), introduces the Copenhagen 67th
IFA Congress by outlining the scientific and other aspects of the Congress, as
well as providing some thoughts on other IFA activities.
A Multi-Level Approach to “Treaty Entitlement” under the BEPS Project
Authors: Garbarino C.
Published: December 2023

This article analyses the three policy approaches to tax treaty entitlement that can be drawn from the new provisions introduced into the OECD Model (2017): the structural approach, the analytic approach and the syncretic approach. The article specifically describes the OECD Model and Commentary (2017). The analysis reveals important aspects of the impact of BEPS on tax treaties, notably that there are new limitations on treaty entitlement in addition to a general ban on double treaty exemption.
Limitation on the Ability To Generate Leg-Out Losses in Currency Transactions
Authors: Carman P.
Published: December 2023

The author analyses temporary regulations recently issued by the US Internal Revenue Service which are intended to clarify rules on the legging-out of qualified hedging transactions that consist of multiple components.
The Pilot Value Added Tax Reform
Authors: Law P.
Published: December 2023

In this article, the author discusses the introduction of a pilot value added tax (VAT) reform in Shanghai, which serves to extend the application of VAT to certain industries which were previously subject to business tax. The contents of the reform as well as its implications for taxpayers, their suppliers and their customers are discussed.
The Evolution of Transfer Pricing Jurisprudence in India
Authors: Patel V.T. , Athavale R.S.
Published: December 2023

This article analyses the legal jurisprudence landscape with regard to
transfer pricing that is slowly emerging, and sheds some light on the various
transfer pricing controversies in India. Debatable transfer pricing audit
issues are considered as well.
Fixed Ratio Thin Capitalization Rules in Conflict with the Arm’s Length Principle and Relative Issues of Deductibility
Authors: Asimakopoulos K.
Published: December 2023

Taxation differences and corporate behaviour result in source countries protecting their tax revenue by limiting the tax deductibility of interest under thin capitalization rules or general anti-avoidance rules, in addition to applying the standard transfer pricing rules. The author considers the relationship between certain approaches to thin capitalization rules and the arm’s length principle.
Tax Treaty “Neutralization” of Source State Discrimination under the EU Fundamental Freedoms?
Authors: Kofler G.
Published: December 2023

This article considers an issue discussed at the 2011 IFA Congress as to whether or not a source state may retain an apparently discriminatory dividend withholding tax and not eliminate domestic economic double taxation if its second layer of taxation is “neutralized” by the shareholder’s residence state via a treaty credit.
Current Rules on Tax Loss Utilization
Authors: Efremova V. , Shuldyk T.
Published: December 2023

Global corporate losses have increased significantly in recent years. Where the resulting loss carry-forwards cannot regularly be utilized by taxpayers, it may happen that some of them look for loopholes and develop aggressive tax planning techniques in order to deploy the use of the losses in tax planning. For this Comparative Survey, the authors look into corporate loss utilization and present a description and analysis of the situation in their country. Country report on Russia.
FDI Trapped in Transfer Pricing Controversy – A Few Thoughts on Shell’s
USD 2.7 Billion Tax Dispute
Authors: Kumar M. , Simhan R.
Published: December 2023

The Indian tax authorities have recently taken steps to apply transfer
pricing rules to tax companies on the issue of shares to foreign related
parties on the basis that the shares have been undervalued. The authors
critically analyse the steps taken by the tax authorities and their
impact.
Taxation of Trade Representative Offices
Authors: Siregar N. , Dorson D.
Published: December 2023

This article discusses issues associated with the taxation of trading
representative offices in Indonesia and potential ambiguities involved in the
application of Minister of Finance Regulation No. 634/KMK.04/1994.
The International Tax Treaty Policy of Colombia
Authors: Mosquera Valderrama I.J.
Published: December 2023

This article examines Colombia’s policy with regard to the negotiation
of tax treaties since 2005 when Colombia first started entering into tax
treaties.
Disclosed/Undisclosed Agent in EU VAT: When Is an Intermediary Acting in Its Own Name?
Authors: Amand C.
Published: December 2023

In the latest request for a preliminary ruling raised by a UK tribunal in the Fenix case (not yet decided), the First-tier Tribunal asked the ECJ whether article 9a of Council Implementing Regulation 282/2011 regarding the qualification of portals and platforms as undisclosed agents was going beyond the scope of article 28 of the VAT Directive. For the first time, the ECJ will have to clarify when an intermediary is a disclosed agent (acting in the name of another person) or an undisclosed agent (acting in its own name).
Court of Justice
Authors: Valério C.
Published: December 2023

This overview highlights the ECJ’s decision on the incompatibility of legislation providing that the reimbursement of withholding tax on portfolio dividends received by a company established in another EU Member State is subject to conditions that are not applicable if the dividends are received by a company resident in the Member State.
The “Teachers and Researchers” Article in Tax Treaties
Authors: Zhu X.
Published: December 2023

To promote international communication and cooperation in the field of educational or academic activities, foreign teachers and researchers who work for Chinese universities or scientific research institutions generally receive an income tax exemption pursuant to the “Teachers and Researchers” Article in tax treaties. The author analyses the origin, application and implementation of the Article from China’s perspective, and asks if this Article differs from the “Students” Article. It also considers the interpretation of and the obstacles to, from the point of view of China’s domestic law, the application of the Article.
Regulations Provide Further Guidance on the Application of the Authorized OECD Approach to the Attribution of Profit to Permanent Establishments
Authors: Andresen U.
Published: December 2023

The author considers the recently issued Regulations on the application of the authorized OECD approach under existing German tax treaties, specifically for the allocation of profit to permanent establishments.
New Legislation Regarding the Deductibility of Interest on Acquisition Loans
Authors: Kok R.
Published: December 2023

This note outlines the implications of a new interest deduction limitation that was introduced in the Budget 2012, which targets situations where a Dutch company acquires shares in another Dutch company and subsequently a fiscal unity is formed between the two, potentially allowing the interest costs incurred by the former to be set off against the profits of the latter.
US Issues Proposed Regulations on New Interest Barrier
Authors: Carman P.
Published: December 2023

The article discusses the new US interest barrier rules and describes some of the most important parts of the Proposed Regulations, focusing particularly on the treatment of non-US corporations that are exposed to US taxation.
The Impact of the BEPS Multilateral Instrument on International Tax Policies
Authors: Hattingh J.
Published: December 2023

This article assesses the impact of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting by analysing the preliminary reservations of signatory countries, while offering some speculative points about the influence of the MLI on international tax policies and the OECD Model.
Ghana’s Transfer Pricing Regime: The Current Situation and Suggestions for Improvement
Authors: Ali-Nakyea A. , Owusu Demitia W.K.
Published: December 2023

In this article, the authors examine the issues that are emerging following the recent introduction of Ghana’s transfer pricing regime, and propose the adoption of safe harbours to deal with the immediate and serious problems that could otherwise arise following the implementation of the regime.
Case Note: PMP Auto Components – Transfer Pricing Provisions Not Applicable
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note analyses the Bombay High Court in the Principal Commissioner of Income Tax v. PMP Auto Components Private Limited. The Court held that the transfer pricing provisions are only applied if there is taxable income in India.
International Tax Disputes: A Ray of Hope from Japanese Experience
Authors: Furuya, H. , Ueda T. , Fujita S. , Lowell C.
Published: December 2023

In light of the increasing prominence of international tax dispute resolution, especially considering the OECD/G20 BEPS Project, the authors discuss positive developments around the world and present some of the Japanese experience on this issue to serve as a guidepost on how to resolve disputes in a world that is rapidly evolving.
Comments on Klaus Vogel Lecture 2021: Unbundled Tax Sovereignty – Refining the Challenges
Authors: Morris W.
Published: December 2023

In these comments, Will Morris responds positively to Tsilly Dagan’s Klaus Vogel Lecture of 2021, agreeing that a new social contract for tax is a way to address some of the problems that globalization has brought about as a result of the interactions between states and their constituents.
Valuations for Transfer Pricing of Intangibles: A Comparative Analysis of the Excess Earnings Method and Residual Profit Split
Authors: Petronella G.
Published: December 2023

With the increasing relevance of intangible assets in the process of value creation, the measurement of the portion of the firm profit attributable to such assets is becoming progressively more crucial. Absent any harmonization between the different underlying views of the firms, the comparison between the results obtained with different methods developed in a different context and for different purposes (accounting and tax), although sharing the same basic logic (residual approach), appears to be problematic.
EU DAC7 Proposal Further Strengthens EU Tax Administrative Cooperation, Even in Respect of Digital Platforms
Authors: Manca M.
Published: December 2023

A new EU proposal has further amended the EU Mutual Assistance Directive (2011/16), aiming, in particular, to grant more room for “group requests” and provide clarification on the “foreseeable relevance” of information requested. What is particularly relevant (and intrusive) is the new requirement to communicate the identity, financial account information and, if pertinent, immovable property services relative to “sellers” operating on digital commercial platforms.
Should Developing Countries Include Article 7 in Their Tax Treaties?
Authors: André Rocha S.
Published: December 2023

In this article, the author discusses a new model for taxing business profits and maintains that the United Nation’s mission to develop a fairer system for the allocation of taxing rights between developed and developing countries must be fulfilled.
European Commission’s Tax Barriers Business Advisory Group Report Calls
for Simplification of Cross-Border Portfolio Withholding Tax Claim
Process
Authors: Radcliffe P.
Published: December 2023

This article discusses the recent report of the European
Commission’s Tax Barriers Business Advisory Group on post-trading tax
compliance procedures. It is hoped that the report will lead to tangible action
by both the European Commission and national tax authorities and result in a
streamlined withholding tax claim process.
DAC6 from a Swiss Perspective
Authors: Hirt A.
Published: December 2023

As a non-EU Member State, Switzerland does not have to transpose DAC6 into national law. As per international standards, however, Switzerland has implemented exchange of information in tax matters and country-by-country reporting. DAC6 has an impact in Switzerland for intermediaries with an EU nexus, as well as for taxpayers involved in EU tax matters. Whether Switzerland will introduce mandatory disclosure rules depends on international developments in this area.
The Attribution of Profits to a Dependent Agent Permanent Establishment: The Controversial Scenario of the Zero Profit Allocation
Authors: Rizzo A. , Orlandi A. , Latino M.C.
Published: December 2023

This article investigates the case in which the attribution of zero profits to an agency PE could arise. In order to provide a detailed examination of the topic, the authors provide a possible example as a case study analysis.
UK Tax Breaks for the 2014 Commonwealth Games in Glasgow
Authors: Tetłak K.
Published: December 2023

In this note, the author outlines the various tax concessions
contained in Finance Act 2013 for non-UK resident athletes involved in the 2014
Commonwealth Games in Glasgow in respect of income related to the event.
Multi-Jurisdictional Reactions to the US HIRE Act Withholding
Authors: Bongaerts W. , Carman P. , Collado A. , Fort E. , Haarmann W. , Kumar J. , Maher P. , Papotti R.-A. , Ranger A. , Ribeiro G.
Published: December 2023

The US Hiring Incentives to Restore Employment Act of 2010 made a number of changes to the US withholding tax laws in an attempt to improve tax compliance with respect to foreign accounts held by US persons and cross-border transactions. One of the most significant changes was the introduction of a new withholding tax that will apply to US-source payments after 31 December 2012 unless the non-US recipient complies with certain US reporting and disclosure rules. Not surprisingly the shift in US withholding tax policy has created a variety of reactions among US treaty partners. This article focuses on some of those jurisdictions and describes the reactions there, as well as some issues relating to compliance with the new US law.
Foreign Direct Investment in Developing Countries: Some Tax Considerations and Other Related Legal Matters
Authors: Baggerman-Noudari K. , Offermanns R.H.M.J.
Published: December 2023

The authors, in this article, examine the tax implications of undertaking foreign direct investment in developing countries. Other matters relating to such investment are also considered by the authors.
Opinion Statement CFE 1/2020 on the Potential Commission Initiative to Strengthen the Administrative Assistance Directive on Administrative Cooperation in Direct Taxation
Authors: CFE Fiscal Committee
Published: December 2023

In this Opinion Statement, submitted on 3 April 2020, the CFE discusses the EU Commission consultation undertaken in Q1 2020 about a potential initiative to strengthen the Mutual Assistance Directive (2011/16) concerning the ability of tax administrations across the European Union to obtain tax-related information on taxpayers who generate income via the digital platform economy.
Some Derivatives Excluded from Mark-to-Market or: A Funny Thing Happened
on the Way to Financial Reform
Authors: Carman P.
Published: December 2023

Recent US legislation requires many derivatives to be cleared, but a
change to the Internal Revenue Code prevents a list of derivatives from being
subject to certain US mark-to-market requirements. The list may exclude some
derivatives that were previously subject to mark-to-market requirements, but
regulations may interpret the change narrowly.
IFRS and Derivatives Taxation
Authors: Haworth D. , Hollis J.
Published: December 2023

The United Kingdom operates a broadly accounts-based regime for the taxation of derivative contracts. Significant adjustments to figures shown in the profit and loss account may be required, however, and in some cases the legislation deliberately preserves the position under UK generally accepted accounting practice (UK GAAP) as it stood prior to 1 January 2005, even for companies that account under IFRS. The proposed introduction of IFRS 9 means that further development of the UK tax code is likely.
Belgian R&D Tax Credit To Be Aligned with Pillar Two and US GILTI Rules
Authors: Wouters P-J.
Published: December 2023

The draft bill implementing the Pillar Two rules into domestic law in Belgium amends two key elements of the Belgian R&D tax credit. First, the unused R&D tax credit will be reimbursed after four (instead of five) years to comply with the QRTC definition under Pillar Two. Furthermore, the possibility to opt out of the automatic compensation of the R&D tax credit solves the negative interplay with the US GILTI rules. This note comments on these amendments.
Changing Transfer Pricing Landscape: “Like It or Not”
Authors: Yuan S. , Liu J. , DeSouza G.
Published: December 2023

The authors consider the current state of transfer pricing in China,
including changes in the landscape over time that should be considered by
taxpayers so as to minimize disputes with the tax authorities.
Expatriation Tax – Renouncing a Tax Treaty
Authors: Halabi O.
Published: December 2023

In this article, the author considers the implications of the various US expatriation tax regimes that have been enacted over the years, with special emphasis on renouncing a tax treaty. The author also suggests possible improvements to the current US expatriation regime.
Report of the Proceedings of the Ninth Assembly of the International Association of Tax Judges Held in Ottawa on 28 and 29 September 2018
Authors: Michel B.
Published: December 2023

This report summarizes the proceedings of the ninth Assembly of the International Association of Tax Judges, which was held in Ottawa on 28 and 29 September 2018.
Unresolved Issues Surrounding Transfer Pricing Legislation: The Anti-Avoidance Purpose and Penalty Protection – Part 1
Authors: Albano A.
Published: December 2023

This article, the first of a series of two, presents the results of research based on trends observed in Italian tax audits which focus more and more on transfer pricing issues when dealing with MNEs. Recent decisions by the Supreme Court are also discussed.
The Commission’s Proposal To Introduce an EU Financial Transaction Tax
Authors: Vogel T. , Cortez B.
Published: December 2023

This article provides insight into the current discussions regarding the implementation of a financial transaction tax in the European Union, in particular the Commission´s proposal to introduce an EU FTT.
Opinion Statement on European Tax Advisers’ Policy Priorities for the 2019-2024 EU Mandate
Authors: CFE Board  , CFE Technical Committee
Published: December 2023

This Opinion Statement, submitted to the European Institutions on 12 July 2019, sets out the policy priorities of European tax advisers for the 2019-2024 mandate of the European institutions.
Pan-European Personal Pension Products – Will the Proposed European Tax Recommendation Work?
Authors: Hooghiemstra S.N.
Published: December 2023

This article discusses the effectiveness of the PEPP Tax Recommendation and the accompanying PEPP “portability service”. It provides an overview of certain anticipated problems in relation to the future taxation of PEPPs in Europe that led to this initiative, followed by an analysis of the effectiveness of the Recommendation and PEPP “portability service” in eradicating such problems. Finally, it reviews options for an alternative EU-wide PEPP tax regime.
Tax Risk Management by Development Banks
Authors: Bol Y.
Published: December 2023

The author considers the concept of tax risk management in the context of development banks and their investees, specifically in light of the influence of base erosion and profit shifting on the policy and risk management of such institutions.
French CFC Legislation: An Illustration of Recovery from a “Tax Treaty
Override” Situation
Authors: Gaoua N. , Ribeiro A.
Published: December 2023

This article examines the issue of treaty override in the context of
the evolution of the French CFC provisions, which serve as an example of a
country's efforts to balance its domestic objectives with the need to avoid
treaty override.
Nigeria’s Significant Economic Presence Income Tax on Digital Economic Activities: Challenges and Opportunities
Authors: Echendu C.
Published: December 2023

In this article, the author examines the concept of a significant economic presence and how this concept relates to the new rules of the Federal Republic of Nigeria regarding the taxation of digital economic activities carried out by non-resident companies.
OECD Proposed Revision of Chapters I-III of the OECD Transfer Pricing Guidelines: Business Comments on Selected Issues
Authors: Lucas Mas M.O. , Cottani G.
Published: December 2023

On 9 September 2009, the OECD released for public comment the Proposed Revision of Chaps. I-III of the OECD Transfer Pricing Guidelines. The latest input from private stakeholders, which has been sought throughout the different phases of this project, is currently being analysed by the OECD, which has the intention to finalize the project by the end of 2010. This article examines most relevant comments on a selection of proposed changes.
A Comprehensive Analysis of ECJ Case Law on Discriminatory Treatment of Cross-Border Inheritances – Part 1
Authors: Dafnomilis Vasileios (Vassilis)
Published: December 2023

In this two-part article, the author provides a comprehensive analysis of 13 ECJ decisions on the discriminatory treatment of cross-border inheritances. Part 1 categorizes the cases, examines the most common EU freedom at stake and outlines the first step of the ECJ’s analysis of the concept of restriction, as well as “indirect discrimination”. Part 2, to be published in European Taxation 12 (2015), will discuss the requirement for a direct link between debts and immovable property, provide an overview of the justifications invoked by Member States and the possibility of such justifications being accepted by the ECJ in EU/EEA and third-country scenarios and explore the role of the proportionality principle. A comparison of ECJ case law on inheritance taxation with personal and corporate income tax cases is also given.
The Pricing of Financial Instruments in Tax Disputes
Authors: Hilling A. , Sandell N. , Vilhelmsson A.
Published: December 2023

The pricing of uncertainties, when establishing the market value of financial instruments, is problematic in tax litigation since the outcome of the litigation is binary. Different values can be equally correct, depending on the choice of models, assumptions regarding model parameters and forecasting techniques. The purpose of this article is to illustrate the challenges for tax administrations and courts in terms of the need and ability to price uncertainties in the market valuation of financial instruments. The authors illustrate the complexities with a case based on a publicly traded instrument, which gives a lower limit of the uncertainty associated with valuation. The authors then problematize the valuation of over-the-counter traded and non-publicly traded instruments, which, due to uncertainty, tends to create leeway for tax arbitrage. This illustration shows the necessity to further understand the manner in which courts reason, the dependency on experts and the use of models.