bluuebunny/crossref_metadata_2025 huggingface dataset:
Landmark Case on the Ability of Tax Authorities To Disregard and Recharacterize Transactions
Authors: Raunio M.
Published: December 2023

The author considers a 2014 ruling by the Supreme Administrative Court regarding the possibility for the tax authorities to recharacterize a taxpayer’s transactions – specifically, the classification of a hybrid loan as debt or equity for tax purposes.
Taxpayers in the Courtroom
Authors: Tiedchen S.
Published: December 2023

This article looks at the issues that taxpayers may encounter when appearing before courts in Germany.
Islamic Finance and EU Law – Part 1
Authors: Mohan N.
Published: December 2023

This article addresses whether or not the special tax regimes for Islamic finance enacted by certain Member States amount to State aid under article 107(1) of the TFEU. Part 1 deals with the basic concepts of Islamic finance, distinguishing it from conventional finance and analysing the need for special tax regimes. Part 2, to be published in issue 6 of European Taxation (2019), analyses whether such provisions amount to State aid.
Tax Residence of Individuals in Italy: the Determination of the Notion of Centre of Vital Interests
Authors: Beretta G.
Published: December 2023

This note discusses a recent decision of the Italian Supreme Court, wherein the judges held that, in determining the tax residence of individuals, the criterion of centre of vital interests does not attribute per se priority to personal relations over business ties. This decision is of paramount importance since it directly reverses settled Italian case law attaching primacy to family and social ties over economic and business connections.
Taxation of Non-Resident Institutional Investors in Finland – Recent Case Law and Developments
Authors: Viitala T. , Kujanpää E.
Published: December 2023

The Finnish tax provisions applicable to dividends and other investment income paid to non-resident institutional investors, particularly investment funds, pension funds and life assurance companies, are widely incompatible with EU law. In recent years the Finnish courts have issued several decisions on full or partial tax exemption granted to foreign institutional investors based on the free movement of capital and freedom of establishment provided by EU law, while the tax legislator has remained rather passive. This article examines the current tax practice based on the case law and discusses the problems relating to legal certainty due to various interpretations.
Norwegian Rules on Tax Loss Utilization
Authors: Bjerke J.M. , Søgaard S.S. , Bakstad I.
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 Norway.
Companies Held Not to Be Associated by Family Relationship
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note summarizes the determination of the Rajasthan High Court, and the preceding rulings by the Commissioner of Income Tax – Appeals and the Income Tax Appellate Tribunal, in Jaipur Silver Jewels P. Ltd v. Commissioner of Income Tax, that two companies are not associated enterprises simply because (i) the sole shareholder of one company is the sister-in-law of the director of the other company, and (ii) premises occupied rent free by one company are owned by the brother of the director of the other company.
Manufacturing and Trading Incentives – Where Do We Stand Now In Asia?
Authors: Lee D. (Dennis)
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides an overview of the available tax incentives.
Proposal for a Reform of Article 21 of the OECD Model
Authors: Raad C. van
Published: December 2023

In this article, Kees van Raad presents a proposal for changes to article 21 of the OECD Model (with consequent changes to article 7) and provides draft texts for the updated treaty provisions and the pertinent Commentaries.
Analysis of Vodafone Case on Applicability of Transfer Pricing Provisions to Issuance of Equity Shares
Authors: Patel V.T. , Haria B.
Published: December 2023

In addition to the recent ruling by the Bombay High Court in the Vodafone India Services case, the authors consider related case law on the applicability of transfer pricing provisions to the issuance of equity shares to a related party.
Overview of General Turnover Taxes and Tax Rates – January 2020
Authors: Annacondia F.
Published: December 2023

Almost all countries levy a general turnover tax, i.e. a tax on essentially all goods and services supplied by manufacturers, traders and service providers. Those turnover taxes are mostly levied under a VAT type of tax system and, in a decreasing number of cases, as a multi or single-stage (retail) sales tax. This article presents an overview of those general turnover taxes and the tax rates applicable on 1 January 2020.
Draft Ministry of Finance Decree on the Transfer of Business Functions Abroad
Authors: Dehnen P.H. , Junghans S. , Rhines R.
Published: December 2023

A new provision of the Foreign Tax Act contains special rules for how to comply with the arm’s length principle with regard to the transfer of business functions abroad. Regulations related to this amending provision have been issued by the Ministry of Finance, followed by a clarifying draft decree. This article provides an overview of the draft decree, as well as a discussion of some of the more important issues which first appear in the draft decree.
Note on the Consumption Tax Exemption for Virtual Currency
Authors: Kawamura M. , Uzawa K.
Published: December 2023

This note outlines the recent amendments to the Payment Services Act and their effect on virtual currency transactions in Japan. The authors discuss the forthcoming exemption of virtual currency to cash exchange transactions from Japan’s consumption tax, and the imposition of income tax on virtual currency transactions.
Negative Harmonization in Tax Matters: EU Case Law on Cross-Border Transfers of Losses
Authors: Favaloro G.A.C.
Published: December 2023

The decisions of the Court of Justice of the European Union do not always result in the best outcome for either taxpayers or policymakers. Notably, with reference to the cases on cross-border transfer of losses, the absence of common direct tax measures have resulted in “negative harmonization” and in a breach of cross-border neutrality. As a result, the decisions of the Court have threatened the equal distribution of taxing powers amongst the Member States.
VAT on Webinars
Authors: Grambeck H-M.
Published: December 2023

The ongoing corona pandemic and the resulting ban on human gatherings have brought about a boom for webinars and other kinds of online events. As there is no physical location, the question of the place of supply for VAT purposes arises in the case of paid services. The result of such an analysis based on current VAT rules may surprise some, as it opens up scope for tax optimization. An explicit regulation that accords with the consumption tax concept of VAT would be necessary to avoid risks, as well as untaxed revenues and double taxation. However, this may require a change in the EU VAT Directive with the coordination of all Member States.
How Recent ECJ Referrals May Place Increased Pressure on the VAT Position of Asset Managers
Authors: Kasteren E. van
Published: December 2023

Recently, a number of cases on the VAT treatment of services rendered by asset managers have been or will soon be referred to the ECJ. After presenting a brief summary of the cases and the VAT issues therein, this article analyses the potential impact of the pending cases and the VAT consequences thereof and what asset managers can do to mitigate adverse VAT consequences.
The Individual Income Tax Regime of China: Evolution and Debates
Authors: Li N.
Published: December 2023

The author, in this article, describes the evolution of China’s Individual Income Tax Regime and the major changes made by the Seventh Amendment in 2018, and then analyses a number of issues with regard to the current regime.
New Taxes on Digital Services, Accommodation Services and Luxury Residences Assessed in Light of Basic Tax Principles
Authors: Yalti B.
Published: December 2023

In this note, the author discusses Turkey’s introduction of taxes on digital services, accommodation services and luxury residences, ultimately concluding that the taxes contradict certain fundamental principles of taxation, including the legality and proportionality principles, and may exceed Turkey’s jurisdiction to tax under its tax treaties.
New Transfer Pricing Decree: No Longer Ahead of the Curve
Authors: Oosterhoff D.
Published: December 2023

The new Dutch transfer pricing decree confirms the Dutch adherence to the revised OECD Guidelines. This new decree very much underscores that the broader value chain perspective has always been an integral part of the Dutch approach to the arm’s length principle.
General Anti-Abuse Rule (GAAR)
Authors: Roxburgh D.
Published: December 2023

The Finance Act 2013 introduced a general anti-abuse rule (GAAR) covering “tax arrangements” made on or after 17 July 2013. This note examines the provisions constituting the rule and its relationship with existing case law and statute.
The Cost Sharing Exemption under Debate – Part II
Authors: Jovanovic N. , Merkx M.
Published: December 2023

The cost sharing exemption of article 132(1)(f) of the VAT Directive is currently under debate, both at the level of the European Commission and within individual Member States. In this second part of their article, the authors continue the discussion of the application of the exemption in cross-border scenarios, that include both EU and non-EU situations, and the interaction of the exemption with the concept of VAT grouping as set out in article 11 of the VAT Directive.
Belgium’s New Innovation Income Deduction Regime
Authors: Heyvaert W.E.C.
Published: December 2023

The Law of 9 February 2017 has replaced Belgium’s patent income deduction regime with a BEPS-compliant innovation income deduction regime effective 1 July 2016. Up to 85% of qualifying innovation income is allowed as a tax deduction. The taxpayer’s innovation income is limited to innovation income that has a sufficient nexus to Belgium. Pursuant to the CIT Reform Act of 25 December 2017, effective 1 January 2020, the actual CIT Rate on qualifying innovation income can be as low as 3.75%.
Interpretation of
Article 7 of the OECD Model, Permanent Establishment Financing and Other
Dealings
Authors: Pijl H.
Published: December 2023

This article considers the principles and issues involved in the
interpretation of article 7 of the OECD Income and Capital Model (2008),
particularly regarding capital and interest attribution, other dealings, the
influence of the non-discrimination article on capital attribution, and the
practical question of from when the new OECD rules have effect.
Double VAT Taxation in the European Union
Authors: Leur M. van de
Published: December 2023

VAT has been harmonized in the European Union for more than 50 years; however, double taxation still exists. In this Column, the author discusses how the issue of double taxation can be solved in a quicker and less expensive way.
Tax Issues Relating to Intangibles
Authors: Leow E. , Quek D. , Tan J.
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.
The ECJ's judgement in OESF : is horizontal discrimination a threat to
the internal market?
Authors: Hurk H. van den , Korving J.
Published: December 2023

In its May 2008 judgment in Orange European Smallcap Fund (OESF), the
European Court of Justice held that the Dutch restrictions on the relief for
the foreign dividend withholding taxes granted to Dutch investment funds are in
partial violation of the free movement of capital guaranteed by the EC Treaty.
This article describes the ECJ's judgment in OESF and its impact on Dutch
legislation. The article also considers the consequences of the judgment for
the discussion of horizontal discrimination.
Resolving Disputes in a Lawless World
Authors: Herzfeld M.
Published: December 2023

In this article, the author discusses the larger context of cross-border dispute resolution with which the EU’s directive on dispute resolution must contend.
EU VAT and the rule of economics
Authors: Watson J. , Garcia K.
Published: December 2023

As regards free gifts provided by a supplier to his customers in the
framework of a promotional scheme, the European Court of Justice will be faced
with a fork in the road. If it follows the Kuwait path, VAT is due on the free
gifts, and if it follows the Elida Gibbs path, free gifts do not give rise to a
VAT liability. The authors explain that for the resolutions of disputes, the
ECJ follows a more economic approach and, if necessary, even ignores the legal
provisions, whereas the UK courts closely follow the provisions of the VAT
Act.
Transfers of Businesses and Farm Land under Australian GST
Authors: Joseph A.
Published: December 2023

Just like in many other jurisdictions, the reverse charge mechanism
applies in Australia to supplies made by non-resident businesses. Whereas other
jurisdictions may also apply the reverse charge mechanism to domestic
transactions in order to prevent fraud, Australia intends, as the author
explains in this article, to extend the scope of that mechanism, for practical
reasons, to transfers of businesses as going concerns and sales of farm
land.
Interactions between Transfer Pricing and VAT Adjustments in the European Union
Authors: Rouberol I.
Published: December 2023

In this article, the author considers how transfer pricing and VAT adjustments may interact in the European Union. In particular, the author differentiates between adjustments under general rules and adjustments under article 80 of the VAT Directive, and discusses practical cases of interactions between TP and VAT adjustments.
The Relationship between the OECD Multilateral Instrument and Covered Tax Agreements: Multilateralism and the Interpretation of the MLI
Authors: Blum D.W.
Published: December 2023

In this article, the author examines the relationship between the OECD Multilateral Instrument and Covered Tax Agreements focussing on the interpretational issues that consequently arise: (1) the influence of the MLI on the interpretation of CTAs; and (2) the effect of CTAs on the interpretation of the MLI.
Transfer Pricing Aspects of Sanctions against Countries
Authors: Cataldi M. , Severi M.
Published: December 2023

This article analyses the transfer pricing aspects of extraordinary government policies such as those that have been recently implemented in response to the Russian-Ukraine conflict. The article offers an overview of the guidelines provided in this respect by the OECD and of the areas where multinational enterprises may need to take actions because of the current restrictive government measures.
Transfer pricing : who will remember?
Authors: Breckenridge S.
Published: December 2023

The author identifies some of the transfer pricing issues arising from
the current global financial position and which may need to be recorded
contemporaneously so that corporate memory is preserved. The article is not
intended to provide an exhaustive list but by highlighting some points, it
intends to make it possible for others to "join the dots" where relevant to
their circumstances. This strategy can be both beneficial and protective of the
effective tax rate incurred by the corporate survivors in the future.
The Vodafone Saga – An Analysis of the Indian Supreme Court’s Decision
Authors: Desai N. , Kumar M.
Published: December 2023

The authors, in this article, provide in depth analysis of the Indian Supreme Court’s landmark decision in the recent case of Vodafone International Holdings (2012), its significance regarding the rights of taxpayers to plan their affairs and the Indian legislative amendment to retroactively override the decision.
The Relationship between the Netherlands Quasi-Final Tax (Quasi-Payroll Tax) on Excessive Severance Payments and Tax Treaties
Authors: Pötgens F.P.G.
Published: December 2023

This article examines the quasi-final tax (quasi-payroll tax) imposed on excessive severance payments by the Netherlands, which was included in article 32bb of the Netherlands Wage Tax Act as of 1 January 2009, and its relationship with Netherlands tax treaties.
Australia’s New Diverted Profits Tax: The Rationale, the Expectations and the Unknowns
Authors: Nguyen H.K. (J.)
Published: December 2023

This article discusses the rationale, the elements, the expected outcomes and the concerns in relation to the introduction of the new diverted profits tax (DPT) in Australia. The DPT applies from 1 July 2017.
Indian and Australian Perspectives on Demonetization and Its Tax Implications
Authors: Jain S. , Kamath A.
Published: December 2023

This article reviews the underlying rationale and tax aspects of the implementation of demonetization of INR 500 and INR 1,000 currency notes in India in November 2016. The authors consider suggestions for demonetization of AUD 100 bank notes in Australia and, in that context, contrast the cash transaction reporting requirements, penalties for undisclosed income and voluntary disclosure rules in Australia and India.
2008 OECD Model : the new arbitration provision
Authors: Ault H.J. , Sasseville J.
Published: December 2023

New Art. 25(5), added to Art. 25 (mutual agreement procedure) of the
OECD Model as part of the 2008 Update, provides for the mandatory arbitration
of unresolved issues arising in the course of a mutual agreement procedure.
This article first examines the various factors that led to the adoption of
Art. 25(5) and the stages of its development by the OECD. The article then
discusses some technical aspects of the new arbitration provision, including
the Sample Mutual Agreement setting out some procedural rules, which is
attached as an Annex to Art. 25.
Emergency Tax Measures in Hungary: Tax Relief and Crisis Taxes
Authors: Erdős G. , Czoboly G.
Published: December 2023

In this note, the authors provide an overview and commentary on emergency measures that have been enacted in Hungary to address the economic effects of the pandemic.
Assessing the Potential Impact of Introducing VAT on Price Levels in Qatar
Authors: Delghan D. , Abdellatif M. , Abdel-Salam A.
Published: December 2023

Potential introduction of VAT in Qatar may have a significant pass-through effect on inflation rates. Nevertheless, using the Harmonized Index of Consumer Prices at constant tax rates (HICP-CT), in this article the authors find that the pass-through effect on prices is going to be low, at 2.17%, even though the proposed VAT rate is 5%. They conclude that this indicates a low, temporary impact of VAT on the inflation rate, which should not worry households or businesses in Qatar.
Transfer Pricing Documentation Law in Force
Authors: Bernegger S. , Rosar W.
Published: December 2023

After approval by the Austrian parliament in July 2016, the Transfer Pricing Documentation Law was published in the Official Gazette on 1 August 2016. The authors discuss the ramifications for entities doing business in that country.
The Taxation of Capital Gains in Portugal: How the Fiscal Crisis Brought About What Seems an Impossible Change
Authors: Martins A.
Published: December 2023

This article traces how a tax policy (the tax-exempt status for capital gains arising from corporate share dispositions), which did not respect the fairness principle and resisted numerous attempts at amendment, was eventually changed due to public finance pressures.
Comprehensive Decree on Transfer Pricing Signed
Authors: Cooper J.L. , Petriashvili V. , Burkadze E.
Published: December 2023

This article presents an outline of the legal framework for transfer
pricing in Georgia, in light of the specific articles introduced in 2011 and
the recently signed decree on this topic.
Dissemination of Tax Good Governance Standards by the European Union and the OECD: A Comparative Analysis of Changes in Treatment and Tone
Authors: Geringer S.
Published: December 2023

This article sets out to shed light on the evolution of the dissemination of tax good governance standards by the European Union and the OECD, provide potential explanations for the diametrical developments in treatment and tone, and critically assess the European Union’s current approach in light of the global socio-political context.
Effective Tax Rate Criteria and Source Taxation under the OECD’s Pillar Two Proposals
Authors: Schoueri L.E. , Santos B.C. Fettermann Nogueira dos
Published: December 2023

This article aims to analyse how the effective tax rate criteria of the OECD’s Inclusive Framework Pillar Two proposal affects source taxation, particularly with regard to its effects on developing countries as Source Countries.
Taxation of Trusts in Italy: Capital Gains on Trust Assets and Transparent Trusts
Authors: Bavila A.
Published: December 2023

This article describes the main aspects of the current system for the taxation of trusts in Italy, specifically focusing on the issue of the taxation of capital gains derived from the disposal of trust assets.
Finance Bill 2014
Authors: Roxburgh D.
Published: December 2023

This note deals with the Finance (No. 2) Bill 2013-14, which was
published on 27 March 2014. The Bill includes proposals from the 2014 Budget,
which was presented to Parliament on 19 March 2014, but predominately comprises
other clauses that were substantially issued for consultation in
advance.
Can There Ever Be a Fixed Establishment without Human Resources? – ECJ’s Titanium Case
Authors: Echevarría Zubeldia G.
Published: December 2023

In the Titanium decision of 3 June 2021, the ECJ considers that there is no fixed establishment for VAT purposes when a foreign company leases real estate in an EU Member State, regardless of subcontracting the operational management of the business to a third party, as such outsourcing does not fulfil the requirement of having human resources in that jurisdiction. In this article, the author discusses this ECJ case.
Case Studies on Construction Permanent Establishments and Related
Taxation Issues
Authors: Somare M. , Turcan L. , Zeiler A.
Published: December 2023

On 21 October 2013, the case study conference “Practical Problems of
Tax Treaty Interpretation and Application” was held at the WU in Vienna. This
contribution summarizes the main points of the discussion chaired by Michael
Lang with representatives of various countries (who articulated their personal
views).
The rise of VAT in Africa - impact and challenges
Authors: Bodin J-P. , Koukpaizan V.
Published: December 2023

Like a vast majority of countries in the world, African countries have
not been able to resist the attraction of VAT in the past 20 years. In this
article, the authors focus on the administrative aspects of the VAT in Africa,
including implementation issues, the conditions for the successful introduction
and operation of VAT and the challenges of the reform of the tax
administration.
Arm’s Length Debt Test – Australian Tax Office Issues Guidance
Authors: Joseph A.
Published: December 2023

In its continued effort to provide information, the Australian Taxation Office has issued significant guidance on determining the arm’s length debt amount in the form of a ruling and guideline. Relevant taxpayers are well advised to follow them in order to avoid any inadvertent pitfalls into any of the unwelcome risk zones highlighted in the guideline.
Brazilian Anti-Avoidance Legislation: Recent Refinements and Major Deviations from International Practice
Authors: Bianco J.F. , Tomazela Santos R.
Published: December 2023

The authors, in this article, consider the main features of the Brazilian anti-avoidance legislation, thereby providing a general overview of the topic.
Interpretative and Policy Challenges Following the OECD Multilateral Instrument (2016) from a Brazilian Perspective
Authors: Schoueri L.E. , Galendi R.A. (Jr.)
Published: December 2023

In this article, the authors consider the various interpretative and policy challenges that arise following the publication of the OECD Multilateral Instrument (2016), with emphasis on the Brazilian perspective.
IRS Releases Initial Guidance on Withholding under Foreign Account Tax
Compliance Act
Authors: Carman P.
Published: December 2023

Notice 2010-60 clarifies the grandfather rules under the recent US
Foreign Account Tax Compliance Act rules and gives preliminary guidance on what
entities will or will not be treated as foreign financial institutions for the
purposes of the rules. Notice 2010-60 also gives detailed guidance on the due
diligence financial institutions will need to undertake to avoid being subject
to the Foreign Account Tax Compliance Act withholding. However, there are many
issues left unanswered that will hopefully be clarified in future
guidance.
Amendments to Transfer Pricing Rules in 2012
Authors: Gódor M.
Published: December 2023

The author considers recent modifications to transfer pricing legislation in Hungary. In particular, changes to transfer pricing documentation rules and other tax law-related changes are presented.
Brazil's Anti-Treaty Shopping Measures: Current and Future Developments regarding Beneficial Ownership and Limitation on Benefits Clauses in Tax Treaties
Authors: Freitas de Moraes e Castro L.
Published: December 2023

The author, in this article, considers recent developments with regard to Brazil’s tax treaty policy, with particular emphasis on Brazil’s position regarding beneficial ownership and limitation on benefits provisions in the context of treaty shopping.
The BEPS Action 8 Final Report: Comments from Economists
Authors: Wright D.R. , Keates H.A. , Lewis J. , Auten L.
Published: December 2023

This article comments on the OECD Action 8 Final Report relating to transfers of intangibles within a multinational enterprise. Specifically, it contains comments about the MNEs that are most likely to be affected and about the incentive structure created by the Final Report. In addition, this article discusses the practical application of many of the requirements contained in the Final Report, such as the definition and identification of intangible assets (including examples of such assets), issues relating to functional analysis, and comments on transfer pricing methods and valuation techniques (including comments on the application of the income method).
Comprehensive Tax Treaties and Tax Information Exchange Agreements: Assessing Exchange of Information Mechanisms to Ensure Transparency in a Globalized World from the Perspective of Developing Countries
Authors: Dubut T. , Akunobera F. , Mazz A. , Quiñones N. , Schoueri L.E. , West C. , Pistone P. , Zimmer F.
Published: December 2023

This article surveys five developing countries, i.e. Brazil, Colombia, South Africa, Uganda and Uruguay, in respect of their actions and policies regarding the use of comprehensive tax treaties and/or tax information exchange agreements as means for the exchange of tax information to realize transparency for tax purposes.
Cross-Border Group Contribution, Freedom of Establishment and Final Losses
Authors: Helminen M.
Published: December 2023

In this article, the author discusses the impact of the freedom of establishment on the Finnish group contribution system in light of ECJ case law. It also discusses possible next steps that Finland should take in order to bring its group taxation system in line with EU law.
New Controlled Foreign Company Legislation in Taiwan
Authors: Lin Y. (Yishian)
Published: December 2023

In this article, the author discusses the controlled foreign company legislation recently introduced in Taiwan. The article gives an overview of the main features of the legislation and the Ministry of Finance’s implementation rules. It also addresses double tax relief issues in the context of tiered foreign companies, and the different tax treatment of interests in companies in Mainland China and those in other foreign jurisdictions. The author canvasses the impact on the new rules of the simultaneously introduced place of effective management law, and exchange of information agreements.
New Transfer Pricing Rules: Confirmation That the Tax System Is Aligning
with International Tax Norms?
Authors: Kireta I.
Published: December 2023

The author provides an overview of developments in the recently
adopted transfer pricing regulations, with particular focus on the recent
changes introduced by the Ministry of Finance with the implementation of the
Rulebook.
Taxing Digital Businesses in Malaysia
Authors: Cheang J.
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 Malaysia has been published together with five other countries (Australia, China, India, Indonesia and Korea (Rep.)) and with a lead article.
VAT Grouping Schemes – Standpoint
Authors: Soares C. Dias , Arnaldo A.
Published: December 2023

In this article, the authors describe how VAT grouping schemes are designed in EU law and in the legal systems of the Member States, and assess how the guidelines provided by the European Commission and the constraints introduced by the jurisprudence of the ECJ shape those regimes. However, in spite of the positive assessment by the authors, several issues are highlighted as deserving attention in order to improve the status quo.
Draft Proposal on Deductibility of Interest Expense
Authors: Manninen P.
Published: December 2023

The author considers legislation proposed by the Finnish government to limit expense on group internal debt, including the interaction between proposed measures and controlled foreign company rules.
Holdings and VAT – Another Decision of the ECJ?
Authors: Echevarría Zubeldia G.
Published: December 2023

Whoever believes that a holding company that provides services to its subsidiaries can deduct all the VAT it bears has not yet read the ECJ judgment of 8 September 2022 in W-GmbH (Case C-98/21). This decision from the ECJ provides a consistent interpretation of the right of deduction applicable to holding companies.
Is ICAP a Viable Alternative to APAs?
Authors: Armitage  , Rosenbloom  , Ghosh A.N.
Published: December 2023

In this article the authors explain the OECD’s International Compliance Assurance Program (ICAP); why it came about; how it may compare to an advance pricing agreement process and whether it is a useful programme for taxpayers.
Court Enforces Exchange of Information Request in respect of a Non-Taxpayer
Authors: Mazansky E.
Published: December 2023

This article reports on a recent High Court decision in which a request under the exchange of information provisions in the Australia-South Africa Income Tax Treaty (1999) were enforced regarding a non-resident who is not a taxpayer in South Africa. It is understood that the case has been appealed and the final decision is, therefore, still awaited.
New Approvals for Tax Credits: Bought Interest and Timing
Mismatches
Authors: Van Deelen J.B. , Nijssen D.J.R.
Published: December 2023

The authors consider two beneficial approvals included in the 18 July
2008 Decree issued by the State Secretary of Finance with regard to the credit
for foreign withholding taxes. The first regards securities that are bought
and/or sold for a price including a compensation for accrued interest, while
the second applies to situations in which the Netherlands and the foreign
country tax income at different moments in time, and that timing mismatch
endangers a taxpayer’s entitlement to a Dutch tax credit.
From Red Tape to Red
Carpet: How the Netherlands Has Changed the Traditional Dispute Landscape for
Tax Issues
Authors: Vollebregt Hugo
Published: December 2023

The Dutch tax authorities have put forth an enhanced relationship
programme which is all about their different approach to tax controversies with
taxpayers. This programme focuses on reconciling interests of the taxpayer and
the tax authorities, rather than on ascertaining who is more powerful or who
would win in a tax court. This article considers this horizontal monitoring
programme and analyses how it has been received in the Netherlands.
Tax-Driven Relocation of High Net Worth Individuals: Where to Run to?
Authors: Van Zantbeek A.
Published: December 2023

In this article the author examines various jurisdictions that offer favourable tax regimes for high net worth individuals, including Belgium, Luxembourg, Spain, Switzerland and the United Kingdom. The author concludes that, from a tax viewpoint, Belgium, Switzerland and the United Kingdom appear to be more beneficial than Luxembourg and Spain.
Hidden Capital
Contributions in Luxembourg -Clearing the Mist
Authors: Neefs Philippe , Hoor Oliver
Published: December 2023

The shifting of advantages motivated by the
shareholding relationship to a company remains an obscure issue and the basis
for the requalification of transactions into hidden capital contributions.
Insofar as the concept of hidden capital contribution in Luxembourg is scarcely
covered, this article aims at defining its main traits and clarifying its tax
consequences. Consequently, descriptions of the concept and the resulting
Luxembourg tax consequences are provided.
A Fresh Look at Article 3(2) of the OECD Model
Authors: Avery Jones J.
Published: December 2023

John Avery Jones, in this article, develops some new thoughts regarding treaty interpretation and the role of article 3(2) of the OECD Model from the common law point of view.
Tax Residence of Individuals in Italy: The Availability of a Permanent Home
Authors: Beretta G.
Published: December 2023

This note discusses a recent decision of the Italian Supreme Court wherein it was held that, in determining whether an individual is resident in a state under a tax treaty’s tie-breaker rule, a stay at an unregistered domestic partner’s dwelling is sufficient to establish that the taxpayer “has a permanent home available to him” in a country.
Does the Singapore-Malaysia Tax Treaty Modify Singapore’s Domestic Tax Treatment of Income Derived by an Individual Resident in Malaysia from Sale of Real Property in Singapore?
Authors: Tan H.T.
Published: December 2023

The article considers whether the taxable nature of profits from the sale of real property in Singapore is impacted by the Singapore-Malaysia tax treaty. Neither Singapore nor Malaysia has a capital gains tax, and in Singapore, a profit from a sale of real property is taxable only if it is income in nature, in which case it is taxable as trading or business income. If the profits are deemed to be taxable income, are taxing rights affected by the Singapore-Malaysia tax treaty?
Preferential Tax Regime for High- and New-Technology Enterprises: Analysis of the Deviation from the Nexus Approach
Authors: Avayiwoe G.
Published: December 2023

This article examines the 2017 progress report of the Inclusive Framework for BEPS Action Plans on China’s high- and new-technology enterprise preferential tax regime. It discusses the regime’s functional depiction of, rather than technical resemblance to, the nexus approach of the Base Erosion and Profit Shifting Action Plan 5. The author identifies technical discrepancies, and confirms the functional depiction by establishing that China’s recognition criteria for qualifying taxpayers, intellectual property assets and revenue, and qualifying expenditure strongly demonstrate a direct link between the qualifying taxpayer, the research and development expenditure and the resulting intellectual property income – the underlying doctrine of the nexus approach.
Guidance on Intercompany Guarantee Transactions: Amendment of Law for
Coordination of International Tax Affairs
Authors: Kim J.-h.
Published: December 2023

This article describes some recent efforts by the Korean tax
authorities to enact statutory provisions setting out the standards in
determining arm’s length guarantee fees.
Why Reinvent the Wheel in the European Union? The Common Consolidated
Corporate Tax Base Proposal
Authors: Temme M. , Sporken E. , Okten R.
Published: December 2023

This article presents an overview of the main technical aspects of the
EC Proposal of 16 March 2011 for a Common Consolidated Corporate Tax Base.
Next, the specific views of the EU Member States on the CCCTB are set forth.
The article further discusses the intended benefits of the Proposal, possible
pitfalls in the implementation, and the future of transfer pricing in the
European Union, to conclude with some suggestions by the authors.
The Impact of War on Tax Policy – Lessons from Ukraine
Authors: Zhuravska T.
Published: December 2023

Since 24 February 2022, Russia’s full-scale military invasion of Ukraine has brought new challenges for the Ukrainian government and its tax policy in particular. Special measures and adjustments were introduced during this extraordinary period. Tetyana Zhuravska examines the response of the Ukrainian authorities to the challenges faced in the tax sphere, as well as the shifts in policymaking.
Attribution of Profits to Permanent Establishments: Should the AOA Be Maintained as the OECD Standard?
Authors: Theophilou C.A.
Published: December 2023

Globalization has led to enterprises doing cross-border business operating through foreign permanent establishments. However, the allocation of profits to such permanent establishments has always been problematic. This article analyses the authorized OECD approach as compared with the previous method of calculating the profit attributions to permanent establishments and thereby addresses the question of whether the authorized OECD approach should be maintained as an OECD standard.
Tax Treaty Interpretation after Ben Nevis (Holdings) Ltd v. Her Majesty’s Revenue and Customs (2013)
Authors: Schwarz J.
Published: December 2023

In this article, the author examines the principles of tax treaty interpretation as set out by the UK Court of Appeal in Ben Nevis (Holdings) Ltd v. Her Majesty’s Revenue and Customs (2013).
Financial arrangements, fair valuation and taxation
Authors: Joseph A.
Published: December 2023

The current spiralling financial crisis and the increasing problems
confronted by banks and financial institutions around the world have thrust the
issue of fair valuation of financial assets and liabilities to the forefront.
This article considers international, US and Australian views of the fair value
accounting of financial arrangements, and the tax treatment thereof.
Withholding Taxes and the Effectiveness of Fiscal Supervision and Tax Collection
Authors: Simader K.
Published: December 2023

This article discusses some issues raised in IFA/EU Seminar G “The death of withholding taxes?” at the 63rd Congress of the International Fiscal Association, held in Vancouver, Canada on 2 September 2009. It focuses on the possible justification of withholding taxes based on the effectiveness of fiscal supervision and tax collection.
2008 Pre-Budget
Report
Authors: Roxburgh Douglas
Published: December 2023

UK Chancellor of the Exchequer, Alistair Darling,
presented his second Pre-Budget Report (PBR)

Pre-Budget Report, November 2008, Cm 7484, “Facing global challenges: Supporting people through difficult times”, available at www.hm-treasury.gov.uk.
to the House of Commons (the House) on 24 November
2008. This note deals with the proposals in the PBR that significantly affect
VAT, income tax (IT), national insurance contributions (NIC), corporation tax
(CT) and stamp duty land tax (SDLT).

There are no significant proposals relating to capital gains tax or inheritance tax.
The Presumptive Method of Income Taxation in Pakistan
Authors: Hassan B.
Published: December 2023

In this article, the author examines the presumptive tax regime in Pakistan with regard to income tax and concludes that the regime has failed to realize the desired objectives of broadening the tax base, countering tax evasion and increasing the income tax to GDP ratio over the last one and a half decades.
Licensing of Trademarks and the Use of Group Names: Recent Developments
Authors: Andree C. , Bärsch S.E. , Kluge S.
Published: December 2023

The authors investigate the conditions under which a trademark identical to the group name must be licensed in accordance with the arm’s length principle from a German transfer pricing perspective. German case law and recent OECD developments are considered in this regard.
Recent Developments in Hybrid Financial Instruments
Authors: Gelder G. van , Niels B.
Published: December 2023

The authors discuss the tax treatment of hybrid financial instruments
in light of the discussion draft proposals of the OECD, the proposal to amend
the Parent-Subsidiary Directive (2011/96) and recent case law in the
Netherlands.
Canon minero en el desarrollo rural de los pueblos. Contexto actual en Perú
Authors: Rodríguez Rodríguez Rosa Imelda
Published: December 2023

Desde el año 2006, las municipalidades del Perú cuentan con recursos del canon minero para atender a la población de su competencia, según los dispositivos emitidos y vigentes, su uso debe estar relacionado con las inversiones y si estas están concluidas puede utilizarse hasta un 20% en su mantenimiento. El objetivo primordial es conocer en qué medida los gobiernos subnacionales como las municipalidades han efectuado sus inversiones del canon minero en proyectos o actividades que hayan contribuido al desarrollo rural de los pueblos, vale decir, al cambio positivo que se ha tenido en su jurisdicción, en especial si se ha logrado disminuir la pobreza. La investigación corresponde al paradigma interpretativo, con enfoque cuantitativo, utilizando el método de la hermenéutica, con estudio de caso, la técnica e instrumento aplicada es la revisión de la información y el análisis documental, siendo la muestra la Municipalidad Distrital San Miguel de Aco, de la provincia de Carhuaz, en la Región Ancash, teniendo en consideración que el canon minero es una de sus principales fuentes de ingresos.
AUDIT OF EDUCATIONAL PROGRAMES IN DOCTORAL STUDIES
Authors: Avetisyan Sahakanush
Published: December 2023

The evaluation of the effectiveness implemen­tation doctoral programs has an informative demand among the beneficiaries of university education. As a rule, in practice, it is carried out by rating processing of scientific education programs, when the doctorate programs of the university are presented in the published ranking scales.

The article argues, that this is not satisfactory to evaluate the effectiveness of the doctorate organiszing only in this way, and suggests to carry out accountability audit evaluations of on going  doctoral programs.
Взаимоотношения Верховного Совета Республики Армения и местных Советов народных депутатов в первой половине 1990-х годов
Authors: Закарян Лилит С.
Published: December 2023

1990-ական թվականներին Հայաստանի անկախացման համատեքստում տեղի ունեցավ քաղաքական համակարգի բարդ փոխակերպման գործընթաց՝ անցում կատարվեց կառավարման խորհրդային համակարգից անկախ ժողովրդավարական պետության համակարգի։ Փոխակերպումների արդյունքում փոփոխվեց օրենսդիր, ներկայացուցչական մարմինների ձևն ու բովանդակությունը։ Դա առավել հեշտ ընթացավ ՀՀ Գերագույն խորհրդում, քանի որ այստեղ իշխանության եկած պատգամավորները Արցախյան շարժման 2 տարիների ընթացքում Երևանի և այլ քաղաքների փողոցներում և հրապարակներում ժողովրդաիշխանության որոշակի փորձ էին կուտակել և պատրաստ էին անցում կատարել քաղաքական խաղի նոր կաննոններին։ Ավելին՝ նրացից շատերը հենց այդ փոփոխությունների հեղինակներն ու պատվիրատուներն էին։ Այլ էր վիճակը տեղական կառավարման մակարդակում՝ տեղական խորհուրդներում, որտեղ դեռևս իշխում էր կոմունիստական էլիտան։ Անկախության առաջին շրջանում սուր հակասություն առաջացավ Գերագույն խորհրդի և տեղական խորհուրդների միջև։ Գերագույն խորհուրդը փորձեց լիակատար հսկողության տակ վերցնել տեղական խորհուրդները, սակայն գործընթացը ձախողվեց և իրականում բերեց տեղերում անիշխանության։ Խնդիրը հնարավոր եղավ լուծել միայն 1995 թ․ ՀՀ Սահմանադրության ընդունումից հետո։ Սահմանադրությամբ երկրում ներդրվեց տեղական ինքնակառավարման համակարգը և տեղական խորհուրդներին փոխարինեցին տեղական ինքնակառավարման մարմինները։
In the 1990s, in the context of Armenia's independence, a complex process of transformation of the political system took place: a transition was made from the Soviet system of governance to the system of an independent democratic state. As a result of the transformations, the form and content of legislative representative bodies were changed. It went easier in the Supreme Council of the Republic of Armenia, because the deputies who came to power here had accumulated some experience of democracy in the streets and squares of Yerevan and other cities during the two years of the Artsakh movement and were ready to make the transition to the new rules of the political game. Moreover, many of them were the authors and initiators of those changes. The situation was different at the local government level, in the local councils, where the communist elite still ruled. In the first period of independence, a sharp contradiction arose between the Supreme Council and the local councils. The Supreme Council tried to take full control of the local councils, but the process failed and actually led to anarchy at the local level. It was possible to solve the problem only in 1995 after the adoption of the RA Constitution. Based on the Constitution, the system of local self-government was introduced in the country and local councils were replaced by local self-government bodies.
Հին հայոց դիցաբանական պատկերացումների արտացոլումը «Սասնա ծռեր» էպոսում
Authors: Վարդումյան Գոհար Դ․
Published: December 2023

«Сасна Црер» («Сасунские Удальцы») представляет собой класси-ческий героический эпос, в котором нашли отражение исторические события – арабские нашествия на Армению в VII–IX вв., к концу которых страна была освобождена от иноземных захватчиков и на армянский престол воссела династия Багратидов. На фоне реальных событий создавались эпические сказания о народных героях, которые боролись против Багдадского халифа и Мсра Мелика. Их подви-ги описываются в четырех ветвях эпоса, a истоки их образов уходят в глубь тысячелетий, беря начало из мифологических представлений. В повествованиях о Санасаре и Багдасаре, Мгере Старшем, Давиде Сасунском и Мгере Младшем очевидны следы образов древних бо-гов, однако основная идея эпоса устремлена в будущее, когда в Ар-мянском мире наступят свобода и справедливость.
“Sasna Tsrer” (“Daredevils of Sasun”) is a classic heroic epic, which reflects historical events – the Arab invasions of Armenia in the 7th-9th centuries, by the end of which the country was liberated from foreign invaders, and the Bagratid dynasty ascended the Armenian throne. On the background of these real events, epic narratives were created about folk heroes who fought against the caliph of Baghdad and Msra Melik. Their heroic deeds are described in four branches of the epic, and the origins of their images go back thousands of years, beginning from mythological ideas. In the narratives about Sanasar and Baghdasar, Elder Mher, David of Sasun and Younger Mher, traces of ancient gods are obvious, but the main idea of the epic is directed to the future, when freedom and justice will come to the Armenian world.