bluuebunny/crossref_metadata_2025 huggingface dataset:
DAC6 Implementation in Germany
Authors: Eckl P. , Schill F.
Published: December 2023

In this article, the authors comment on DAC6 implementation in Germany, including the recently published administrative decree of the German tax authorities on DAC6, which provides some guidance on implementation in practice.
The Effective Tax Burden Analysis after Société Générale, PMT and Brisal
Authors: Werf B.M. van der
Published: December 2023

This article focuses on the rulings of the EU Court of Justice in the Société Générale, PMT and Brisal cases, concluding that a tax burden analysis between non-residents and comparable residents should take into account a broad scope of directly linked expenses as defined by the national courts, based on the expenses that are deductible for residents. A direct deduction of expenses from the withholding tax base would be in breach of the autonomy of Member States in tax matters.
Global Developments and Trends in International Anti-Avoidance
Authors: van Weeghel S. , Emmerink F.
Published: December 2023

This article is based on the keynote speech which Stef van
Weeghel delivered at the Asia–Pacific Regional Tax Conference on 2 April 2013
in Singapore, organized by the IFA Singapore Branch and the Tax Academy of
Singapore. The speech started with a video, the viewing of which is recommended
before reading the article.
Arm’s Length Conditions Override Actual Conditions – Transfer Pricing and Debt Equity Rules
Authors: Joseph A.
Published: December 2023

Recently, the Australian Taxation Office released Taxation Determination 2019/10, containing further measures to prevent abusive tax behaviour in cross-border financing. This article discusses the implication of the determination, especially on the subject of arm’s length conditions and their widespread applicability in the taxation laws of Australia.
Polish VAT on Passenger Cars
Authors: Selera P. , Lipniewicz R.
Published: December 2023

The Polish limitation on the right to deduct VAT on motor vehicles continues to be a controversial issue. In this article, the authors discuss the specific aspects of the issue. The whole discussion on the lawfulness of specific elements of flat-rate restrictions on the right to deduct VAT on specific categories of vehicles on account of private use of the business assets may have become hypothetical at the level of EU law following the recent judgment of the ECJ in Van Laarhoven.
General Report of the 14th Annual GREIT Conference – Tax Sustainability in an EU and International Context
Authors: Lyrenäs K. , Zúñiga M.
Published: December 2023

This general report provides a summary and critical analysis of the presentations given during the 14th annual conference of the Group for Research on European and International Taxation (GREIT), which was held in Lund, Sweden on 19-20 June 2019 (the Conference). The Conference dealt with tax sustainability at the EU and international level. Revised versions of the reports presented at the Conference will be published as Tax Sustainability in an EU and International Context (C. Brokelind & S.J.C. Hemels, eds., IBFD forthcoming).
Cross-Border Outsourcing – Issues, Strategies and Solutions
Authors: Kanabar D. , Dharawat R.
Published: December 2023

The economic benefits of cross-border outsourcing are by now well
recognized. Despite political and social challenges, both the volume and the
range of activities being outsourced have steadily increased. This article
discusses tax issues that are seen as a key factor influencing commercial
decisions on cross-border outsourcing.
Report of the Proceedings of the Eleventh Assembly of the International Association of Tax Judges Held Online on 22 October 2021
Authors: Michel B.
Published: December 2023

This report summarizes the proceedings of the eleventh Assembly of the International Association of Tax Judges, which was held online on 22 October 2021.
The Brazilian Transfer Pricing Regime
Authors: Oliveira A. Gomes de , Moreira F. Lisboa
Published: December 2023

In this article, the authors outline the Brazilian transfer pricing regime and consider its implications as well as the importance of recent developments, notably the OECD/G20 Base Erosion and Profit Shifting initiative.
The taxation of mergers and acquisitions in Canada
Authors: Marley P. , Citrome T.
Published: December 2023

In considering the taxation of mergers and acquisitions in Canada,
this article identifies the principal tax issues arising under the Income Tax
Act regarding inbound and outbound merger and acquisition transactions in
Canada. The article first discusses inbound investment - non-residents
acquiring a Canadian company, including, among other things, the Canadian tax
treatment of various methods of acquisition. The article then considers
outbound investment - a Canadian company acquiring or selling the shares of a
non-resident target corporation.
Confusing EU VAT Invoices from 2013
Authors: Swinkels J.J.P.
Published: December 2023

From 1 January 2013, businesses must mention various standard clauses on their VAT invoices. Although harmonization of the VAT rules in the EU Member States is a positive development, mentioning prescribed clauses on VAT invoices may give rise to confusion, in particular in relation to cross-border transactions, on account of the large number of official languages in the European Union. In this article, the author gives an overview of the compulsory clauses and describes the confusion they may create.
Transparency and Financial Accounting
Authors: Blouin J.
Published: December 2023

The author, in this article, considers the issues of transparency and
financial accounting in relation to the OECD’s Base Erosion and Profit Shifting
initiative.
Restriction on Interest Deductibility for Dutch Holding Companies
Authors: Vis N.
Published: December 2023

As per 1 January 2013, new legislation restricts the deductibility of interest on excessive debt used to finance participations. An intention test has been introduced that addresses situations in which the acquisition of a participation is structured via a Dutch taxpayer for the purpose of obtaining an interest deduction in the Netherlands. This note discusses the intention test, in particular the circumstances under which a Dutch holding company can meet this test.
Curbing Thin Capitalization: A Comparative Overview with Reference to South Africa’s Approach – Challenges Posed by the Amended Section 31 of the Income Tax Act 1962
Authors: Oguttu A.W.
Published: December 2023

The author, in this article, analyses, in an international comparative context, the effectiveness of South Africa’s measures to counter thin capitalization, in light of the 2011 amendments that merged the transfer pricing and thin capitalization rules. This article specifically considers the challenges that the new approach poses to taxpayers.
The Customs and Transfer Pricing Harmonization Legislation and Its
Application in Practice
Authors: Kang G.
Published: December 2023

This article analyses the regulatory and practical aspects of the
conflict arising as a result of different customs and transfer pricing rules
governing related-party transactions.
Roche Products Case:
Increasing Role of Transfer Pricing
Authors: Joseph A.
Published: December 2023

In Australia, there had not been many judicial challenges to revenue
determinations of arm’s length considerations until the case of Roche Products
Pty Ltd v. Commissioner of Taxation, which was heard by the Administrative
Appeals Tribunal in the middle of 2008. The author considers this significant
case, along with the relationship between Australian income tax treaties,
domestic law and OECD principles.
The Challenges of Tax
Sparing: A Call to Reconsider the Policy in South Africa
Authors: Oguttu A.W.
Published: December 2023

This article considers the background to tax sparing in tax treaties
and examines the shortcomings of tax sparing in certain tax treaties that South
Africa has signed. It subsequently provides recommendations for the development
of a tax sparing policy in South Africa that is in line with international
standards.
Transfer Pricing Reform: Better Late Than Never
Authors: Joseph Anton
Published: December 2023

The author considers the recent release of a consultation paper on proposed transfer pricing reforms in the aftermath of two significant Australian court decisions and the response of the Commissioner to those cases.
Tax Simplification: A Comparison between the Portuguese and the Spanish Regimes
Authors: Martins A. (António) , Taborda D. , Dinis A.C. dos Santos Arromba
Published: December 2023

This article compares the Portuguese and the Spanish simplified tax regimes (STRs) with regard to personal income taxation. In Portugal, the regime has become more equitable and increasingly uses information technology. In Spain, the modular regime is complex and could occasion evasion. Accordingly, Spain should consider abandoning its current STR.
Tax Refund Entitlement in Germany for Hybrid Entities
Authors: Kahlenberg C.
Published: December 2023

The following note outlines the German regulation in section 50d(1) sentence 11 of the German Income Tax Act, which exclusively addresses withholding tax refunds for hybrid entities. A selection of examples illustrates the discussions that have arisen to date with regard to the scope of the regulation.
The Burden of Proof and Transfer Pricing
Authors: Valente P.
Published: December 2023

This article discusses the rule on the burden of proof as laid down in Art. 2697 of the Civil Code. After an analysis, the application of this rule is examined, with an emphasis on case law concerning the burden of proof in controversies relating to transfer pricing.
Cross-Border Loss Utilization
Authors: Lüdicke J. (Jürgen) , Altorfer J. , Blanluet G. , Hohenwarter-Mayr D. , Inoue K. , Suarez S. , Lange-Hückstädt C.
Published: December 2023

This article summarizes the panel proceedings of Seminar C of the 67th
Congress of the International Fiscal Association (IFA) held in Copenhagen on 26
August 2013. Seminar C considered different aspects of cross-border loss
utilization, including systematic and policy considerations, possibilities and
limitations, and anti-avoidance measures.
The Implications of China’s Fiscal Measures Relating to the COVID-19 Pandemic
Authors: Xu D. (Diheng)
Published: December 2023

This article surveys the tax measures that China has implemented in response to the crisis caused by the COVID-19 pandemic. In this context, the author pays special attention to the tax incentives that are intended to protect people’s livelihoods and to promote economic recovery.
The Principle of Mobilia Sequuntur Personam and the Situs of Intangible Property: The Brew of Foster’s High Court Case
Authors: Chawla A. , Goel P. , Arora S.
Published: December 2023

This article examines the decision of the Delhi High Court to apply the doctrine of mobilia sequuntur personam to restrict India’s jurisdiction to tax gains derived by the Foster’s brewing group on the sale of intellectual property used in India. The authors address the reasoning behind the decision of the Authority for Advance Rulings in favour of the Indian tax authority and its subsequent rejection by the High Court. They also discuss how the High Court decision could have been enhanced by incorporating a more comprehensive discussion of overseas precedents.
The Indirect Taxation of NFTs
Authors: Deschâtres I. , McCarthy J.P.
Published: December 2023

As the sale of NFTs explodes, tax authorities have started to take notice. In this article, the authors highlight how they are beginning to include the digital assets within existing definitions.
International Association of Tax Judges Webinar: Recent Trends in Case Law on Exchange of Information
Authors: Michel B.
Published: December 2023

This report summarizes the webinar held on 8 April 2022 by the judges of the International Association of Tax Judges on the topic of recent trends in case law on exchange of information.
Recent Developments in the Area of Permanent Establishment
Authors: Melnyk Sergiy
Published: December 2023

This note discusses the implications of recent developments in the area of permanent establishment in Ukraine.
The Principal Purpose Test: A Critical Analysis of Its Substantive and Procedural Aspects – Part 1
Authors: Zahra I.
Published: December 2023

In Part 1 of this article, the author examines the new principal purpose test (PPT) contained in article 29(9) of the OECD Model (2017) with regard to its substantive and interpretative implications and how the PPT relates to other anti-avoidance provisions.
The Proposed Direct Taxes Code – A Paradigm Shift
Authors: Zobalia H.
Published: December 2023

India's Direct Taxes Code Bill was issued for public comments in
August 2009 and is intended to replace the current Income Tax Act 1961. The
article analyses some of the more revolutionary proposals of the new
Code.
Ireland’s New Knowledge Development Box
Authors: Hogan S. , Austin C.
Published: December 2023

In response to the parameters articulated by the OECD under Action 5 of the BEPS project, Ireland will be the first country to introduce an OECD-compliant intellectual property box regime. The authors review the new regime and provide computational examples of how it will apply.
Commission
Authors: Morales T.
Published: December 2023

This overview highlights the Commission’s (i) presentation of the European Semester Autumn Package, (ii) agreement with G20 Leaders to devise a fair, sustainable and modern international tax system by mid-2021, (iii) launch of a preliminary consultation on administrative cooperation for crypto-assets and e-money, (iv) welcome of the adoption of the EU Long-Term Budget for 2021-2027, (v) status of the infringement procedure regarding Greek inheritance tax rules, (vi) State aid decisions on the Polish State aid scheme and Italian corporate tax exemptions for ports, and (vii) endorsement of implementing decisions on the EU-UK Withdrawal Agreement.
The Constitutional Court’s Inaugural Decision Regarding the Fair Trial Rights of Taxpayers
Authors: Yaltı B.
Published: December 2023

This note provides a brief overview of the Constitutional Court’s first case regarding the fair trial rights of taxpayers, which was decided on 8 May 2014.
Aggressive Tax Planning and Tax Risk Management
Authors: Joseph A.
Published: December 2023

Tax risk management is increasingly occupying the interest of not only the tax authorities but also tax managers in companies. With increased scrutiny in the wake of recent high-profile tax cases, the issue will gain prominence. This article discusses some of the matters relevant to tax risk management.
The Concept of Value Creation: Is It Relevant for the Allocation of Taxing Rights?
Authors: Das R.R.
Published: December 2023

The author, a member of the Inclusive Framework Steering Group which is engaged in discussion on the allocation of taxing rights, argues that value creation has not been and should never be the basis of such an allocation. He also urges developing countries to be careful in endorsing the concept.
Determining the Source of Income – An Analysis of the Ardmore Case
Authors: Obuoforibo B.R.
Published: December 2023

The author, in this note, comments on the Ardmore
case, which concerns the determination of the source of income,
specifically whether or not the income in question arose within the United
Kingdom.
Swiss Salary Withholding Tax Violates Free Movement of Persons Agreement with the European Union
Authors: Heuberger R. , Oesterhelt S.
Published: December 2023

The authors, in this article, discuss a recent decision of the Swiss Supreme Court wherein it was held that the denial of certain tax deductions under the Swiss salary withholding tax system applicable to non-residents employed in Switzerland is discriminatory insofar as a non-resident subject to the system is in a situation that is comparable to that of resident employees. The Swiss Supreme Court introduces the Schumacker doctrine of the European Court of Justice into Switzerland in this decision.
China’s CFC
Regime: Existing Rules and Improvement Suggestions
Authors: Li N.
Published: December 2023

The article examines the Chinese controlled foreign company (CFC)
legislation and its compatibility with Chinese tax treaties.
The 2015 Rules for Electronically Supplied Services – Compliance Issues
Authors: Lamensch M.
Published: December 2023

In this article, the author discusses the new rules applicable for electronically supplied services from 1 January 2015. According to the author, these rules are missing their objective of alleviating businesses’ compliance burden and of increasing legal certainty. The author also makes tentative recommendations of best practices for suppliers of those services and for tax administrations. The author suggests Member States to consider the introduction of a threshold for small and medium-sized businesses.
Extension of the Domestic Correspondence Principle
Authors: Kudert S. , Kahlenberg C.
Published: December 2023

This note examines the recent extension of the domestic correspondence principle in Germany as a result of the enactment of the Mutual Assistance Directive Implementation Act. The note looks at the impetus for revising the standards, the scope and requirements of the amended regulations, available options for taxpayers and the EU implications of the amendments.
Changes to Hungarian Windfall Taxes and Transfer Pricing Rules for 2022 and 2023
Authors: Veress J.
Published: December 2023

The Hungarian government has decided to introduce windfall taxes effective 1 July 2022, allegedly in response to the COVID-19 pandemic and the invasion of Ukraine. It is arguable, however, that the main reason is the delay in and withdrawal of EU subsidies and the need to replenish budget resources. While the government has stated that these windfall taxes are targeted and temporary, it seems likely that they will persist until at least 2024.
Impact of Transfer Pricing Adjustments for VAT and Customs Law Purposes
Authors: Lasiński-Sulecki K.
Published: December 2023

The author considers whether transfer pricing adjustments of any kind (primary, corresponding and/or secondary adjustments) for income tax purposes have an impact on the taxable amount for VAT or customs value. This issue is analysed under both international law in force in Poland and under Polish domestic law.
Common Consolidated Corporate Tax Base
Authors: Ledure D. , Chatar M. , Ndabi G.
Published: December 2023

After eight years of preparation, the European Commission released on 16 March 2011 its Proposal for a Council Directive on a Common Consolidated Corporate Tax Base. The proposed Directive would, on an optional basis, allow group companies to file a single tax return in a single Member State for all group members operating in the European Union. The International Transfer Pricing Journal features a comparative survey examining how this proposal has been received in various Member States, along with an outline prepared by Mr. Louan Verdoner. Country report on Belgium.
Taxing Cooperative Societies
Authors: Nyamori B.
Published: December 2023

The author discusses the taxation of cooperative societies under the Kenyan Income Tax Act, with particular focus on section 19A. The article traces the history evolution of the tax provisions for cooperative societies, highlights their importance and legal and institutional framework governing their operations and analyses recent court cases touching on taxation of interest earned from lending to members under front office operations.
Corporate Mobility: Belgium as a Gate to the European Union
Authors: Wouters P-J.
Published: December 2023

As a result of the recent corporate law reform, Belgium switched from the real seat theory to the statutory seat theory for determining a company’s nationality. This creates opportunities for corporate mobility. In particular, the new Belgian Code of Companies and Associations offers the possibility for companies migrating from a non-EU country to use Belgium as an “entry point” to the European Union while maintaining continuity of legal personality and therefore without necessitating a deemed liquidation for tax purposes. The Belgian ruling authorities recently approved such transactions.
Bank Taxes: Variations on a Theme
Authors: Mendoza V. , Carville P. , Larking B.
Published: December 2023

This article briefly describes the economic and political background to the introduction of bank levies in an increasing number of jurisdictions, identifies some of the key issues for governments and taxpayers, and questions whether there is sufficient international cooperation to achieve the intended goals.
Staples in Infrastructure, Debt Financing and Tax Avoidance
Authors: Joseph A.
Published: December 2023

In Australia, the avoidance of tax by transforming trading income into passive income has been a niggling problem for the government and tax administration. The recent enactment dealing with limitation of tax concessions to staple structures has gone a long way in resolving the issues, but any adverse consequences for foreign investment, especially in the property sector, may not be readily apparent.
Value Creation Analysis for Transfer Pricing Purposes
Authors: Baumgartner B. (Brigitte)
Published: December 2023

The author presents a practical and pragmatic option to perform value creation analysis for transfer pricing purposes. Following Michael Porter's concepts, this article addresses five steps that can help the reader understand and follow an economic analysis to align a transfer pricing policy with a company strategy.
US Cost Sharing: Current Issues and Court Cases
Authors: Heriford B. , Keates H.A. , Lamoureux H. , Wright D.R.
Published: December 2023

This article discusses the evolution of the approach of the IRS to
cost sharing arrangements; conflicts that were resolved in the courts; and
future approaches that taxpayers must consider when constructing cost sharing
arrangements.
The Taxation of Multinational Enterprises: An Elusive Balance
Authors: Owens Jeffrey
Published: December 2023

In this article, the author discusses the issue of base erosion and
profit shifting, and focuses on its three key aspects: transfer pricing,
jurisdiction to tax and anti-avoidance provisions.
OECD International VAT/GST Guidelines: Is Brazil Ready?
Authors: Piscitelli T.
Published: December 2023

In this article, the author assesses whether Brazil is prepared to adhere to the OECD recommendations on indirect taxation of the digital economy. The author starts with a short description of the OECD International VAT/GST Guidelines in order to compare them with the peculiar Brazilian tax system, which does not limit the consumption taxation to a single tax. The federative structure created by the Brazilian Constitution allows states to tax goods and municipalities to tax services, which has been a major cause of severe internal dispute and double taxation. The digitalization of the economy and the approximation of the concepts of services and goods impose the need to reflect on the adherence of this model to the general principles of the OECD’s Guidelines.
Pillar Two – What Actions Should Banks Be Taking Now?
Authors: Rafiq A. , Robinson G. (Graham) , Aleem S. , Talbot J.
Published: December 2023

The concept underlying Pillar Two is relatively straightforward; a globally consistent 15% minimum tax regime. The reality is one of the most complex international tax measures ever implemented. Some of this complexity is driven by design and policy and it is important that banks are assessing the potential impact of the regime: this includes consideration of whether there is a risk of top-up tax as well as focussing on meeting reporting and compliance requirements.
The Tax Treatment of Foreign Trusts and Foundations in Greece: Administrative Guidance Clarifies an “Opaque” Situation
Authors: Sofrona L.E.
Published: December 2023

The author, in this article, examines the tax treatment of foreign trusts and foundations in Greece in light of the recent administrative guidance that the tax administration provided on this matter, including the application of tax treaties to such trusts and foundations, together with consideration of relevant procedural issues.
Witness Testimony in Transfer Pricing Litigation
Authors: Martins A.
Published: December 2023

In Portugal, an increasing number of cases involving transfer pricing disputes are being decided by arbitration courts. This article highlights the impact of testimonial evidence in some of these cases and shows how, in some circumstances, testimonial evidence plays an important role in influencing the outcome of transfer pricing cases.
Base Erosion and Profit Shifting: An Indian Perspective
Authors: Sengupta D.P. , Kavita Rao R.
Published: December 2023

In this article, the authors review the economic and legal evidence of base erosion and profit shifting (BEPS) in India.
The Impact of Santander (Joined Cases C-338/11 to C-347/11) in Denmark
Authors: Buur Johnsen T. , Lytken P.E. , Riis A.
Published: December 2023

On 10 May 2012, the ECJ held that the French dividend withholding tax rules applicable to dividends paid to UCITS are in violation of the free movement of capital enshrined in the Treaty on the Functioning of the European Union. Just days before the ECJ ruling, the Danish government received a letter of formal notice from the European Commission concerning the corresponding Danish rules. This note discusses the Danish provisions in light of EU law.
Transfer Pricing Rules for India’s Goods and Services Tax
Authors: Jain T.
Published: December 2023

The Indian goods and services tax (GST) regime recently replaced the earlier laws providing for tax on supplies of goods and services. Under the new regime, transfer pricing rules have been introduced, which were virtually non-existent earlier. The GST regime insists on arm’s length pricing in related-party transactions. In this article, the author explains that the new transfer pricing rules have a significant impact on existing supply chains, in particular cross-border transactions between overseas entities and their Indian affiliate entities, both inbound and outbound. Besides the increase in compliance costs, these rules may also entail additional tax outflows.
The BEPS Package: Promise Kept
Authors: Saint-Amans P. , Russo R. (Raffaele)
Published: December 2023

This article considers the work already undertaken by the G20 and OECD member countries in developing the BEPS Action Plan, discusses the implementation of this ambitious initiative and concludes that the final outcome represents a restoration of integrity and coherence to the international tax system.
India Prescribes Thresholds for Determination of a Digital Permanent Establishment
Authors: Patel V. , Mahajan A. (Amol) , Bangera N.
Published: December 2023

This article discusses the taxing methodology of the digital economy as recommended in the OECD BEPS Project and India’s adoption of it. Further, the article evaluates the provision that has been introduced into India’s Income Tax Act, 1961 with respect to a “significant economic presence” and the determination of a digital permanent establishment.
GATCA: The Globalization of Anti-Tax Evasion Frameworks
Authors: McGill R.
Published: December 2023

The author brings clarity and order to the major challenges being faced by the financial services industry and its customers in light of GATCA – the globalization of anti-tax evasion measures.
Specific State Supervision Policy Statement: Clarification of One of the Requirements to Apply the VAT Exemption for the Management of Special Investment Funds
Authors: Zutt J. , Boy U.
Published: December 2023

This article discusses the more than welcome clarification on the application of the Dutch VAT exemption for the management of special investment funds by the Dutch State Secretary for Finance.
What Can We Learn from the History of Article 21 of the OECD Model?
Authors: Avery Jones J.F.
Published: December 2023

John F. Avery Jones, in this contribution to the 75th anniversary issue of the Bulletin for International Taxation, provides his thoughts on what can be learned from the history of article 21 of the OECD Model, particularly that of article 21(2) which was added to the OECD Model (1977).
Transfer Pricing of the Use of Trademarks and Company Names: Ministry of Finance Publishes Trade Name Decree
Authors: Heidecke B. , Busch O. , Schenkelberg H.
Published: December 2023

The intercompany use of group names, trade names and brands is increasingly the subject of disputes in tax audits in many countries. Germany published a new decree issued by the Federal Ministry of Finance on 7 April 2017 with binding power for the tax administration. The article summarizes the new decree and its practical implications.
The Service PE Concept in Light of the Poland-Norway Income Tax Treaty (2009)
Authors: Kuźniacki B.
Published: December 2023

This article analyses the concept of a service PE, as defined in article 5(4) of the PL-NO Tax Treaty, which has no equivalent in any other tax treaty signed by Poland or Norway and differs from the service PE provision in the Commentary on the OECD Model (2008) and the UN Model (2011). As a result, there is no guidance of the tax authorities or case law in this regard. This article addresses this legal gap in detail.
Does the Profit Split Method Apply to Principal Structures?
Authors: Goppelsroeder P.
Published: December 2023

The purpose of this article is to address whether the profit split method (PSM), in particular, the transactional PSM (TPSM) applies to principal structures in multinational enterprises (MNEs). It takes into account the shift in focus of the post-BEPS amendments, especially the 2017 OECD Guidelines and the 2018 Revised Guidance on the Application of the Transactional Profit Split Method. The main focus is on the possible departure from the arm’s length principle in the 2019 consultation document of the OECD on a unified approach to profit allocation under Pillar One. Will this unified approach (deemed “PSM” on consolidated MNE level) improve the world order between global MNEs and local tax authorities and lead to less disputes and less double taxation?
The Retroactive Effect of Changes to the Commentaries on the OECD Model
Authors: Broekhuijsen D.M. , Velde K.M. van der
Published: December 2023

This article discusses the temporal aspects of tax treaties. In particular, it focuses on whether the legitimate expectations of taxpayers are harmed when changes are made to the Commentaries on the OECD Model. How are taxpayers’ rights considered when they have already entered into a certain factual or legal position?
Tax Evasion: The New UK Corporate Criminal Offences of Failure to Prevent the Criminal Facilitation of Tax Evasion
Authors: Adam T.
Published: December 2023

This article will describe the background to the introduction of two new corporate criminal offences of failing to prevent the facilitation of tax evasion, their operation, the scope/“reach” of the new laws, associated penalties and the available statutory defence.
Option to Subject the Letting of Immovable Property to VAT
Authors: Possoz M. , Vandeweyer S.
Published: December 2023

On 25 October 2018, Belgium (finally) introduced the highly anticipated optional regime to subject the letting of immovable property to VAT as of 1 January 2019. Until recently, Belgium was the only EU Member State that had not yet introduced such an optional VAT regime. In this article, the authors describe the specific exclusion categories and structures that have been used in the past to avoid the VAT exemption under the former regime and examine the new regime and how these structures can still be used today.
Commission
Authors: Valério C.
Published: December 2023

This overview highlights the Commission’s (i) plan to respond to rising energy prices; (ii) approval of technical support for tax reforms in the Member States; (iii) initiative to waive VAT to support defence and security capabilities within the European Union; (iv) scrutiny of Hellenic Post’s VAT exemption under State aid rules; and (v) approval of French tax scheme to attract investment to Saint-Martin.
Tax Grouping in an EU Context: All Roads Lead to Brussels
Authors: Reijn Z.M. , Voorde N. Van de , Zeijden F.M. van der
Published: December 2023

In this article, the authors provide an overview of the various tax grouping regimes in the European Union and ECJ decisions that are of particular importance in this area. The authors then discuss the impact of the directives on tax grouping, in particular the 30% EBITDA interest deduction limitation rule included in the Anti-Tax Avoidance Directive (2016/1164).
Related Parties as Used in Transfer Pricing
Authors: Jow L.Y. , Yong S.Y.
Published: December 2023

There is a need to provide more clarity about the meaning of the term “associated enterprise” in article 9 of the OECD Model Tax Convention (OECD Model), as it serves the objective of the elimination of economic double taxation and ensures that transactions between associated enterprises are conducted at arm’s length. Given the increasing focus on transfer pricing, a rise in the number of transfer pricing disputes is expected, and correspondingly article 9 of the OECD Model and the relevant tax treaties will be applied more often and to a greater extent to eliminate economic double taxation.
Transfer Pricing Disputes, Abusive Tax Schemes and the Protection of the European Convention on Human Rights against Oppressive Tax Actions: The Yukos Case
Authors: Calderón Carrero J.M. , Quintas Seara A.
Published: December 2023

Following the global financial crisis, taxpayers are subject to more effective levels of taxation and fiscal oversight and tax procedures. The protection of the European Convention on Human Rights against oppressive fiscal actions, arbitrary and pseudo-confiscatory taxation should, however, not be underestimated, as is clearly demonstrated by the Yukos case.
Babylonian Confusion Following the ECJ’s Decision on Loyalty Rewards
Authors: Watson J. , Garcia K.
Published: December 2023

In this article, the authors discuss the judgment of the Court of Justice of the European Union (ECJ) in Loyalty Management and Baxi. Whichever rationale the ECJ had in mind, the effect of its decision on loyalty rewards is disastrous. In designing a tax which has to be interpreted in the tax courts of 27 different jurisdictions, it is essential to have sensible overriding principles to which those courts can refer. By moving away from a basic “the supply follows the money” approach, the ECJ has not only backed away from the neutrality principle, but has also arrived at a position where the taxation of transactions will be dictated by their form.
Frans Vanistendael: A Model Tax Academic from Europe for the World
Authors: Pistone P.
Published: December 2023

In this memorial editorial, Pasquale Pistone honours the memory and legacy of Professor Frans Vanistendael, a leading figure and eminent scholar in the international tax world.
Plans Regarding Digital Taxes
Authors: Carreño F. , Perelló J.
Published: December 2023

In 2018, the Spanish government drafted a proposal for the taxation of digital services. This article discusses several of the issues addressed in that draft and provides an overview of the main features of the new digital services tax.
Commission
Authors: Valério C.
Published: December 2023

This overview highlights the Commission’s (i) adoption of new State aid rules to support the economy in the context of Russia’s invasion of Ukraine; (ii) recommendation to EU Member States to repeal “golden passport” schemes in response to Russia’s invasion of Ukraine; (iii) position on cutting development aid to blacklisted jurisdictions; (iv) reasoned opinion regarding Malta’s investor citizenship scheme; (v) reasoned opinion concerning the German taxation of dividends and interest payments to charities; (vi) reasoned opinion on the correct application of the SEPA regulation by Spain; (vii) closing of infringement procedure against Belgium regarding the tax treatment of investment in immovable property abroad; and (viii) closing of infringement procedure against Luxembourg regarding the taxation of interest received by individuals.
Anti-Avoidance and Tax Treaty Override: Pacta Sunt
Servata?
Authors: Michel B.
Published: December 2023

In this contribution to the Special Issue of European
Taxation on treaty override the author outlines the complexity of the
issue in the context of the rising importance of anti-avoidance, highlights the
difference between treaty override and interpretation conflicts, provides a
case study on treaty override in Canada, describes the OECD approach to treaty
override in its 1989 Report on the topic and reflects on the concepts of
Pacta Sunt Servanda and the "Object & Purpose of a
Treaty".
Onus of Proof in EU Infringement Procedures in VAT Matters
Authors: Kirchev B.
Published: December 2023

In its capacity as the “Guardian of EU law”, the European Commission has the power to start an infringement procedure if it finds that individual Member States have failed to fulfil their obligation to have properly transposed the provisions of a Directive into national law by the time of expiry of the transposition deadline. In the end, the Commission may bring disputes on alleged infringements before the Court of Justice of the European Union (ECJ). As compared to preliminary rulings, infringement procedures contain two additional elements that may be decisive for the ECJ’s decision: formal procedural aspects and the onus of proof. In this article, the author discusses in particular the onus of proof in infringement procedures.
The ECJ's Decision in A.T. v. Finanzamt Stuttgart-Körperschaften
Authors: Daiber C.
Published: December 2023

On 11 December 2008, the European Court of Justice gave its decision
in A.T. v. Finanzamt Stuttgart-Körperschaften. The Court
held that the German legislation in question, which up to 2007 required the use
of the book value of the shares transferred in exchange for the new shares
received and, therefore, that the fiscal neutrality of the transfer was
conditional on the carry-over of such values in the tax balance sheet of the
acquiring foreign company, is incompatible with EC law.
Opinion Statement of the CFE on the Right to an Effective Recovery of Taxes Levied in Violation of EU Law
Authors: Confédération Fiscale Européenne
Published: December 2023

This is an Opinion Statement prepared by the ECJ Task Force
Members of the Task Force are: Axel Cordewener, Kelly Coutinho, Paul Farmer, Daniel Gutmann, Volker Heydt, Michael Lang, Franck Le Mentec, Pasquale Pistone, Albert Rädler, Stella Raventos-Calvo (Chair), Isabelle Richelle, Friedrich Rödler and Servaas Van Thiel. The views expressed in this statement do not necessarily represent the views of each individual member of the Task Force or of organisations with which any of the members are associated. of the Confédération Fiscale Européenne (CFE) on the interrelation between EU law and national procedural legislation in the area of direct taxation. The Statement focuses on the question of how taxpayers, who were forced to pay a tax on the basis of national legislation that is not in line with the EU fundamental freedoms, can realise their claim to a refund of the overpaid amount within the national legal order of the Member State concerned. The Statement discusses, in particular, the relevant provisions and principles of EU law capable of affecting the application of national procedural rules, and puts forward a concrete proposal for both the Member States and the European institutions to address this issue effectively. The CFE is the leading European association of 33 national tax advisory organisations representing over 180,000 tax advisers.
Toll and Contract Manufacturing Structures – Strategies and Challenges
for Cross-Border Outsourcing Activities
Authors: Rodríguez Cuadros M.A.
Published: December 2023

In this article, the author explains toll and contract manufacturing
structures and their tax, trade and customs implications for principals,
tollers and contractors.
Transfer Pricing of Trademark: The Legal Restrictions Regarding the Application and Interpretation of the Arm’s Length Principle – The Finnish Approach – Part I
Authors: Pankakoski K.
Published: December 2023

This article discusses the legal restrictions regarding the application of the arm’s length principle contained in the Finland’s national tax law and how the national arm’s length principle can be interpreted, taking into account the principle of legality and the doctrine of sources of law. In addition, this article includes a brief analysis of the reasons why the national arm’s length principle contained in Finland’s national tax legislation differs from the arm’s length principle contained in article 9 of the OECD Model Tax Convention.
Recent Developments in Transfer Pricing Documentation Requirements
Authors: Möller L. (Louise)
Published: December 2023

The South African tax authorities have issued the formal Public Notice on transfer pricing documentation requirements. For many taxpayers, this will result in an increased compliance burden effective for years commencing on or after 1 October 2016.
Have the OECD Model and the UN Model Served Their Purpose? Are They Still Fit for Purpose?
Authors: Weeghel S. van
Published: December 2023

In this contribution to the 75th anniversary issue of the Bulletin for International Taxation, Stef van Weeghel considers whether the OECD Model and the UN Model are still fit for purpose. He also suggests ways in which the international tax system could be improved.
Bilateral Agreement Signed between India and the United States for the Exchange of Country-by-Country Reports
Authors: Patel V.T. , Rajpurohit Y.V. , Bandyopadhyay A.
Published: December 2023

This article examines the implementation of country-by-country (CbC) reporting in India and to whom it is applicable. It also discusses the exchange mechanism through which CbC reports will be given and received between various jurisdictions. The impact of signing the bilateral intergovernmental agreement (BIGA) between India and the United States for the exchange of CbC reports is analysed next. The article ends by discussing the legal aspect of signing the BIGA and the procedure envisaged in the proposed Bilateral Competent Authority Agreement and the way forward.
The Potential of a Standard Audit File – Tax in the European Union: A Chance for Coordinated VAT Administration?
Authors: Majdanska A. , Dziwinski K.
Published: December 2023

In this article, the authors consider the potential for the introduction of a Standard Audit File – Tax in the European Union with regard to VAT, and specifically whether this would offer opportunities to counter fraud and improve tax administration.
Subject-to-Tax Clauses in Belgian Tax Treaties – “Exemption Vaut Impôt” Doctrine Rejected Again in Case
Law
Authors: Bammens N.
Published: December 2023

This article discusses a recent judgement of the Mons Court of First
Instance which rejects the “exemption vaut impôt”
doctrine when interpreting the relief provision in the Belgium-Lithuania Income
Tax Treaty (1998). This judgement confirms the prevailing view that the “exemption vaut impôt” doctrine should generally not be applied
in a treaty situation.
Action 4 of the OECD/G20 Base Erosion and Profit Shifting Project and the Non-Discrimination Clauses in South Africa’s Tax Treaties
Authors: Marais A.
Published: December 2023

In this article, the author considers the implications of Action 4 of the OECD/G20 Base Erosion and Profit Shifting Project in relation to the non-discrimination clauses in the tax treaties that South Africa has concluded and how it impacts the country’s domestic legislation enacted to advance the goals of Action 4.
Time for a Single Market EU VAT System Implemented by All Member States with Access to VAT Justice for All
Authors: Lejeune I.
Published: December 2023

In this Column, the author explains that taxpayers do not have direct access to the ECJ and that they can only challenge the Member States’ implementation of the VAT Directive indirectly before their national courts. The author considers that several changes are needed to prevent VAT disputes and to guarantee the “unpaid tax collectors” their fundamental right to judicial enforcement of the rule of law.
GST on Offshore Tour Operators
Authors: Joseph A.
Published: December 2023

In this article, the author explains the development of the law relating to goods and services tax (GST) as it applies to tour operators offshore selling holiday packages to non-resident tourists. The changes will bring tour operators within GST liability, including the requirement to register for GST in Australia. It remains to be seen whether the changes will adversely affect the industry.
The Proposed Unshell Directive – The Luxembourg and Netherlands Approach
Authors: Offermanns R.H.M.J.
Published: December 2023

In this article, the author presents the features of the Proposed Unshell Directive (COM(2021) 565 final) in the context of the existing legislative framework of Luxembourg and the Netherlands. In particular, the article focuses on the legislative measures taken by Luxembourg and the Netherlands in recent years to reduce the use of empty conduits and the perception of the Proposed Unshell Directive in those two countries.
Structuring a US federal VAT
Authors: Avi-Yonah R.S.
Published: December 2023

On 18 and 19 February 2009, the American Tax Policy Institute (ATPI)
sponsored a conference in Washington, DC, on "Structuring a Federal VAT: Design
and Coordination Issues." The purpose of the conference was to lay the ground
for a potential future adoption of a federal VAT in the United States by
discussing some of the technical issues related to two broad topics: firstly,
how should such a US federal VAT be designed and, secondly, how should it be
coordinated with the existing state retail sales taxes (RST). In this article,
the author summarized the conference presentations.
The European Court of Justice – Recently Decided and Pending
Cases
Authors: Corput W. van der , Annacondia F.
Published: December 2023

In this overview, the editors provide a list of judgments of the Court
of Justice of the European Union (ECJ) and Opinions of the ECJ’s Advocates
General delivered in VAT cases in the past 12 months. The overview also
contains a list of the remaining cases pending before the ECJ on 31 August
2014, and a list of cases that have been removed from the ECJ’s register in the
past year. Summaries of the judgments, Opinions and other pending cases that
have not yet been published are presented following the lists.
No Deduction Allowed for Loss under Cross-Guarantee
Authors: Damsma B. , Łukosz K.
Published: December 2023

The authors consider a recent ruling of the Dutch Supreme Court
regarding the deductibility of a loss suffered following default under a
cross-guarantee agreement. This ruling has potentially far-reaching
implications for intercompany guarantee arrangements.
Recent Developments in Transfer Pricing and Thin Capitalization
Authors: Lermer D.
Published: December 2023

South African income tax provisions dealing with transfer pricing and thin capitalization were recently completely overhauled by the introduction of new transfer pricing and thin capitalization legislation as part of the 2010 Taxation Laws Amendment Act. This article discusses the current rules and some of the practical issues encountered upon assessment under the current rules, and provides an overview of the new rules.
The new research and development tax regime
Authors: Hong C.W. , Koenig H.
Published: December 2023

This article discusses tax and administrative aspects of three new
research and development R&D tax incentives introduced by the Singaporean
government in the 2008 Budget. The incentives offer immediate and deferred tax
savings and are particularly relevant to multinational companies or R&D
hubs in Singapore.
The Changing Contours of Dispute Resolution in the International Tax World: Comparing the OECD Multilateral Instrument and the Proposed EU Arbitration Directive
Authors: Govind S.P. , Turcan L.
Published: December 2023

This article considers the most significant changes proposed in the Multilateral Instrument and the EU Arbitration Directive and compares their scope and effectiveness along with their interaction so as to point out issues and to propose recommendations for more uniformly acceptable solutions.