bluuebunny/crossref_metadata_2025 huggingface dataset:
The Future of UK Interest Deductibility and the Patent Box Regime
Authors: Casley A. , Pybus D. , Vincent S.
Published: December 2023

In light of OECD developments aimed at tackling base erosion and profit shifting (BEPS), the United Kingdom recently announced proposed changes to interest deductibility and patent box regimes. This article reviews the background to these proposed changes and examines the intended effect, with a focus on issues that are likely to be relevant or of interest to transfer pricing practitioners.
Possible Application of the Berry Ratio for the Distribution Function in the Consumer Electronics Industry in Europe
Authors: Sporken C.J.E.A. , Midzio M.A. , Loh A. , Wenke M.
Published: December 2023

This article outlines the possibilities that exist in the United Kingdom, the Netherlands, Germany, France and Italy for taxpayers to apply the Berry ratio as a reliable profit level indicator in determining the arm’s length remuneration paid by a manufacturer to local distributors for services rendered. The authors reconsider how remuneration is calculated for distributors in the consumer electronics industry, including a broad field of electronics that includes devices such as TVs, radios, mobile phones, hi-fi stereos, home theatres, handheld and software-based games and Internet appliances.
A Recipe for Chaos
Authors: Watson J. , Cartwright T. , Dixon E.
Published: December 2023

In this article, the authors explain that, in an orderly legal system, clarification and interpretation of legal provisions by the courts is a step-by-step process. At every stage of the process, the courts are bound by previous decisions, and each new judgment will refine and clarify the rules set by the court’s predecessors. It is thus that the system of “following precedent” imposes order on a legal system. The chaos which ensues when that system is not followed is well illustrated by the decision of the Court of Justice of the European Union in AB SKF.
Group Financing: From Thin Capitalization to Interest Deduction
Limitation Rules
Authors: Brocke K. von , Garcia Perez E.
Published: December 2023

This article discusses the evolution of thin capitalization rules in
Germany and the European Union. Topics addressed include jurisprudence of the
European Court of Justice; past and present German rules on the tax treatment
of interest expense, including the new interest deduction limitation rules; and
criticism to date of the new German rules.
The Current Tax Avoidance Debate and European Banks
Authors: Niekel S.F.M. , Nouwen M.F.
Published: December 2023

This article presents an overview of previous and future policy initiatives addressing aggressive tax planning and trends on this topic, and how banks are impacted, with a specific emphasis on developments in the European Union.
Exit Tax: Optional Deferral
Authors: Zucchetti S. , Petrelli R.
Published: December 2023

This article provides an overview of the provisions introduced by the
Ministerial Decree implementing the new option for the deferral of the Italian
exit tax applicable to Italian enterprises migrating to another EU/EEA Member
State.
E-Platforms Providing Services in the Short-Term Rental Accommodation Market: The Challenges for Taxation of These Services under the EU VAT
Authors: Álvarez Suso M.
Published: December 2023

In this article, the author analyses the VAT treatment of activities of certain e-platforms operating in the short-term rental accommodation market. He points out that Member States have different approaches regarding the qualification of the services supplied (both by the platform and by the underlying supplier). This has an impact on the place-of-supply rules, which may lead to cases of non-taxation or double taxation. For the correct application of the place-of-supply rules and the related issue of the liability to pay the tax, the question of the status of the recipient of the service also arises and there is no consensus among the EU Member States on how to deal with this.
Effective Tax Policy Reform through Strategic Stakeholder Communication: Lessons from Australia
Authors: Sarker T. K.
Published: December 2023

This article analyses the role of stakeholders in tax policy reform with reference to the Australian experience in introducing a resource rent tax that replaced the existing royalty based system. It concludes that effective communication with key stakeholders can enable policymakers to undertake successful tax reform agendas in a democratic society.
Tax Incentive Reform
Authors: Frenkel Y.
Published: December 2023

In this note, the author examines the Law for Encouragement of Capital Investments, 1959 both before and after the recent amendments approved by Israel’s parliament in December 2010.
Loss Utilization
Authors: Yang A.
Published: December 2023

This comparative survey article on Hong Kong is based on a paper presented at the Baker & McKenzie 30th Annual Asia-Pacific Tax Conference held in Hong Kong from 13-14 November 2014. The 31st Annual Asia-Pacific Tax Conference is to be held in Singapore in November 2015.
The Commentaries on the OECD Model as a Mechanism for Interpretation with Reference to the Swedish Perspective
Authors: Cejie K.
Published: December 2023

This article considers the question of the importance of the Commentaries on the OECD Model and, in particular, whether an ambulatory or a static approach to changes in the OECD Commentaries should be adopted. The point of departure is international tax law, with an emphasis on the Swedish perspective. Recent case law from the Supreme Administrative Court is also considered.
Overview of General Turnover Taxes and Tax Rates
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 annex presents an overview of those general turnover taxes and the tax rates applicable on 1 January 2017.
The Gathering Momentum of International and Supranational Action against Aggressive Tax Planning and Harmful Tax Competition: The State of Play of Recent Work of the OECD and European Union
Authors: Nouwen M.
Published: December 2023

The author explores the current state of play of global and EU efforts
to address aggressive tax planning and harmful tax competition. He concludes
that there is currently unprecedented consensus amongst the media, public,
policymakers, non-governmental organizations and other tax activists in general
to address this phenomenon, resulting in increasing national, supranational and
international action and initiatives.
Designing and Drafting a Domestic Law To Implement a Tax Treaty
Authors: Nakayama K.
Published: December 2023

An insightful article on how a developing country can design and draft domestic tax laws to implement a tax treaty.
Transfer Pricing Regulations 2018 and Guidelines for Country-by-Country Reporting in Nigeria
Authors: Abdulrazaq A.O.
Published: December 2023

Recently, the Federal Inland Revenue Service of Nigeria has issued two sets of regulations that provide for country-by-country reporting as part of transfer pricing. CbC reporting will permit the exchange of information with other countries that have signed an agreement for exchange of information and, thus, will aid the Nigerian tax administration to assess taxpayers’ liability to BEPS and exposure to transfer pricing risk.
Comparative Descriptive Study on CbC Reporting Requirements in the United Arab Emirates, Saudi Arabia and Bahrain
Authors: Hassan B.
Published: December 2023

The issue of base erosion and profit shifting (BEPS) by multinational enterprises has led to the development of a 15 Actions Plan by the G20 and OECD. Action 13 of the Plan provides for developing and implementing country-by-country (CbC) reporting regulations to address tax evasion by assessing BEPS related risks. This includes the high risk of transfer pricing and conducting economic and statistical analyses utilizing information available in the CbC reports. In this article, the CbC reporting regulations of the United Arab Emirates, the Kingdom of Saudi Arabia and Bahrain are compared.
Comments on Wealth Taxation: Comparing the Systems in Algeria and France
Authors: Maherzi D. , Ousidhoum Y.
Published: December 2023

Wealth taxation is a controversial issue in the countries in which it is applied. In Algeria and in France, wealth taxation is being transformed in terms of its base and rates. These changes indicate political interference. It, therefore, is necessary to examine the effectiveness of wealth taxation in achieving equilibrium.
Swiss Pension Fund Entitled To Reclaim Swiss Withholding Tax on Dividends Received Indirectly via Irish Investment Fund
Authors: Reinarz P.
Published: December 2023

The Federal Supreme Court has ruled that a Swiss regulated and tax-exempt pension fund is entitled to reclaim Swiss federal withholding tax deducted from dividends on publicly traded shares of Swiss companies received indirectly via an Irish contractual investment fund.
Is the Interaction between Chapter X of the OECD Transfer Pricing Guidelines and the EU Directive on Tax Dispute Resolution Mechanisms an Effective One?
Authors: van den Hurk H.
Published: December 2023

International tax law has been developing rapidly for years. In this article, the author tests the consequences of the new chapter X of the OECD Transfer Pricing Guidelines against the EU Arbitration Directive and the Dutch Tax Arbitration Act. He concludes that, because the Directive does not cover differences in qualification, various situations will fall between two stools.
Proposed FATCA Regulations Provide Much Relief though Administrative and Financial Burdens Still Remain
Authors: Tello C. , Arnold J.C.
Published: December 2023

This article considers key aspects of the contents of the much-awaited proposed Foreign Account Tax Compliance Act regulations that were issued in February 2012, as well as providing analysis and comment on the regulations.
Stock Options and Non-Deductible Capital Losses
Authors: Lai C.Y. , Lievens K.
Published: December 2023

The authors consider two recent Belgian court cases in which two aspects of employee stock options were considered, namely (1) the tax treatment of the option premium and (2) the tax treatment of the loss resulting from the exercise of the stock options, meaning the difference between the exercise price of the option and the purchase price of the underlying shares.
The Development of International Assistance in Tax Matters in
Switzerland: From Evolution to Revolution
Authors: Oberson X.
Published: December 2023

The author, in this article, traces the history of the development of
international assistance in tax matters in Switzerland and outlines
Switzerland's current policy, which is aligned with the OECD exchange of
information standards.
Collective Investment Vehicles
Authors: Johnston N.
Published: December 2023

The author, in this article, considers the issues discussed at the 2011 International Fiscal Association Congress in Seminar G on collective investment vehicles.
Corporate Loss Utilization through Aggressive Tax Planning
Authors: Cussons P.
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 the United Kingdom.
Cross-Border Software Transactions from a Technology Importing Country
Perspective: The Case of the Argentina-Germany Income and Capital Tax Treaty
(1978)
Authors: Screpante M.S.
Published: December 2023

In this article, the author discusses the concept and the tax
treatment of software transactions under article 12 of the Argentina-Germany
Income and Capital Tax Treaty (1978).
Swiss Frontier Worker Can Claim the Benefits of Schumacker: The ECJ Decision in Ettwein (Case C-425/11)
Authors: Cloer A. , Vogel N.
Published: December 2023

This note outlines the ECJ decision in Ettwein (Case C-425/11), wherein the Court held that Mrs
Ettwein, a German national, living in Switzerland but working in Germany as a
self-employed individual, was entitled to benefit from the German joint
assessment (splitting regime) pursuant to, inter alia, the Schumacker (Case C-279/93) doctrine.
Tax Crimes as Predicate Offences under the EU Sixth Anti-Money Laundering Directive (2018/1673)
Authors: Cardoso G. Capristano
Published: December 2023

This article provides an analysis of tax crimes as predicate offences in respect of money laundering. While the Fourth Anti-Money Laundering Directive (2015/849) included tax crimes as predicate offences for money laundering in the European Union, it did not go far enough, with certain tax crimes being left out. This article analyses the effect of this development in the context of the Sixth Anti-Money Laundering Directive (2018/1673), which focuses on combating money laundering by imposing minimum rules under the Member States’ criminal laws. The Directive’s transposition date is 3 December 2020.
International Tax Cases Involving Substance-over-Form Rules in Korea
Authors: Park H. (Hun) , Kim S.Y.
Published: December 2023

In this article, the authors consider Korean domestic law and court cases regarding the application of the substance-over-form rules from an international perspective.
Tax Treatment of Cross-Border Investment Management
Authors: Mayo C.
Published: December 2023

The General Directorate of Taxation has given an important boost to the cross-border management of investment vehicles by Spanish management companies, by issuing a binding consultation that clarifies the tax treatment thereof.
Spirit of Tax Law and Tax (Non-)Compliance: Reflections on Form and Substance
Authors: Valente P.
Published: December 2023

In complying with their tax duties, multinationals need to align their conduct with both the letter and spirit of the law. The latter requires identifying legislative intent, which is challenging in a rapidly evolving business and tax environment that is increasingly globalized and digitalized. In addition, tax avoidance legislation is increasingly being employed against aspects of non-compliance with the spirit of the law. The need for clear legislative drafting arises, therefore, as a necessary guarantee to prevent abusive interpretations.
Indonesian Transfer Pricing Environment: A Prospect for More Certainty as to Royalties and Service Fees
Authors: Llanes Navarro C. , Mukanov A. , Priatna A.
Published: December 2023

This article focuses on related-party royalty payments and management service fees, and provides insights into the Indonesian transfer pricing environment relative to these types of transactions. Furthermore, it presents examples of relevant transfer pricing audit cases, and considers corresponding court rulings, as well as possible implications of newly introduced amendments to Indonesian transfer pricing regulations.
The authors would like to thank Antonia Bunawan and Anggaris Priatna (both assistant at Ernst & Young, Jakarta) for doing research on this article.
“Gone with the Fiscal Wind”: The Success of Tax Breaks in Supporting the Film Industry
Authors: Mastellone P.
Published: December 2023

The film industry lies at the crossroads between culture and business, essentially depending on direct public funding (subsidies, incentives, etc.) and, increasingly, indirect public funding (for example, tax breaks aimed at stimulating investment by private sponsors). In comparison to Hollywood, public funding is more relevant in Europe due to the smaller scale of the industry. This article highlights a new “era” of tax incentives aimed not only at providing financial resources but also promoting non-fiscal goals.
India’s GST Law and Its Input Tax Mechanism: A Commentary
Authors: Krishnamurthy V.
Published: December 2023

On 1 July 2017, India put into effect its national goods and service tax (GST) regime, which had been first proposed as early as 2000 with an initial roll-out date of 1 April 2010. The significant delay in the implementation is due to the complexity of overhauling a previously fragmented indirect tax system by unifying it into a single USD 2 trillion market catering to 1.3 billion consumers. In this article, the author discusses the input tax mechanism under the newly adopted GST framework and highlights some pitfalls.
CCTB – Is There a Chance of a Breakthrough?
Authors: Aumayr L. , Mayr G.
Published: December 2023

The idea of a common consolidated corporate tax base (CCCTB) has been discussed in the European Union for more than 15 years. In June 2018, Germany and France agreed on a catalogue of reforms including the common corporate tax base (CCTB), which was intended to give the negotiations an extra boost. Against this backdrop, the Austrian Presidency of the Council of the European Union intensified work on the CCTB proposal. This article sheds some light on key issues regarding the CCTB.
Tax Technology Applied to Supply Chain
Authors: Baptista E. , Kregting J. , Bakker A. , Brink M. , Henriksen C.
Published: December 2023

The complexity of the external tax/transfer pricing environment is only increasing, as are tax authority demands for increased data transparency – a lot to balance for multinationals managing diverse supply chains. This article explores the risks and opportunities, namely how operational transfer pricing (OTP) technology could increase transparency, compliance and efficiency.
9th Annual IFA Conference on International Taxation in Berlin
Authors: Perdelwitz A.
Published: December 2023

On 19 and 20 November 2009, the 9th Annual Conference on International Taxation, organized by the German International Fiscal Association (IFA) branch in cooperation with Beck-Seminars, was held in Berlin. The Conference involved several presentations primarily on the latest German national developments with regard to international taxation, followed by panel discussions. This note summarizes the proceedings.
Federal Tax Court Holds Treaty Override Unconstitutional
Authors: Cloer A. , Hagemann T.
Published: December 2023

The authors, in this note, discuss a recent decision of the Federal
Tax Court, wherein the Court held that treaty override, in the context of a
provision regarding German partnership taxation under treaty law, is
unconstitutional and referred the matter to the Federal Constitutional Court.
Dealing with Debt
Authors: Wong A. (Adeline) , Lim T.S. , Ho T-S.
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides a broad overview of the tax consequences arising from the sale, transfer, etc. of debt.
The ECJ’s Decision in A SCPI (C-342/20) – A Missing Piece of One Puzzle and a New Piece of Another?
Authors: Scherleitner M.
Published: December 2023

In this article, the author reflects on the ECJ decision in A SCPI (Case C-342/20), wherein the Court struck down the Finnish rules awarding the benefits of the Finnish fund taxation system to domestic funds as well as foreign funds that happen to also fulfil the criteria for the domestic system.
Pension from World Bank Staff Retirement Plan Tax Exempt in United Kingdom under the United Kingdom-United States Income Tax Treaty (2001)
Authors: Cleave B.
Published: December 2023

In this article, the author analyses the recent UK tax case of Michael Macklin (2015) in which the Upper Tribunal held that a pension derived from the World Bank Staff Retirement Plan by a UK resident was exempt from tax in the United Kingdom because that Plan was established in, and generally exempt from income taxation in, the United States for the purposes of the United Kingdom-United States Income Tax Treaty (2001).
Tax Reform in Peru: Adopting Anti-Base Erosion and Profit Shifting Measures with a View to Membership of the OECD and More
Authors: Becerra O'Phelan F.
Published: December 2023

In this article, the author examines the various provisions that have been introduced into Peruvian tax legislation with a view to Peru becoming an OECD member country, with special focus on the adoption of anti-base erosion and profit shifting measures.
The Impact of Tax on Financial Transactions for Foreigners Investing in Brazilian Financial and Capital Markets
Authors: Macorin Carramaschi B.
Published: December 2023

In late 2009, the Brazilian government raised the rate of the tax on financial transactions to 2%. This article considers the repercussions of that change, as well as subsequent actions by the government that again changed the tax landscape for foreign investors in Brazil.
The Spanish Position on the Concept of a Permanent Establishment: Anticipating BEPS, beyond BEPS or Simply a Wrong Interpretation of Article 5 of the OECD Model?
Authors: Martín Jiménez A.J.
Published: December 2023

In this article, the author considers the Spanish position regarding the concept of a permanent establishment and whether the Spanish concept conforms to the OECD/G20 Base Erosion and Profit Shifting (BEPS) initiative or is simply an erroneous interpretation of the provisions of article 5 of the OECD Model.
Loss Utilization
Authors: Oka R.
Published: December 2023

This comparative survey article on Japan is based on a paper presented at the Baker & McKenzie 30th Annual Asia-Pacific Tax Conference held in Hong Kong from 13-14 November 2014. The 31st Annual Asia-Pacific Tax Conference is to be held in Singapore in November 2015.
Comparative Tax Law: Theory and Practice
Authors: Avi-Yonah R. , Inbar G. , Marian O. , Mello L.
Published: December 2023

The authors, in this article, report on the proceedings of the inaugural Conference on the topic of “Comparative Tax Law in Theory and Practice”, which took place at the University of Michigan Law School in October 2009.
The VAT Treatment of NFTs in the European Union
Authors: Alarcón Díaz L.
Published: December 2023

This article discusses the VAT treatment of non-fungible tokens (NFTs) in the European Union. These tokens have been on the market for some time, but their trade volume has grown exponentially recently. Tax authorities have developed some interest in them as a potential new source of revenue, paying attention to their ecosystem and the parties involved. Some tax authorities have already taken a position, while others have remained silent, waiting for market developments. There are still questions to be answered on the VAT implications of NFT supplies, but initial standpoints can be taken. The European Union has already begun to work towards a common position on the VAT treatment of NFT supplies. The difficulty in determining that treatment lies in the fact that the nature of NFTs has not been defined in a harmonized way. This article intends to briefly analyse each of the VAT components contributing to this definition.
Extending the Tax Net to the Gig Economy
Authors: Smith A.M.C.
Published: December 2023

The emergence of the “gig” or “sharing” economy through the rise of large-scale digital platforms has had a profound effect on certain industries worldwide, especially in the taxi/limousine and tourist accommodation sectors, and has also posed major challenges for tax legislators and administrators. These issues led the New Zealand government to release a discussion document in March 2022 containing proposals to change how the sharing economy is taxed in New Zealand, some of which built on the recommendations of the OECD for rules for reporting income derived through online platform operators by sellers in the sharing and gig economies. This article analyses the discussion document along with the Taxation (Annual Rates for 2022-23, Platform Economy, and Remedial Matters) Act 2023 which was passed in March 2023 to bring into effect changes to the goods and services tax that will apply to the sharing and gig economies in New Zealand.
The Future of Legal Professional Privilege: An Australian Perspective
Authors: Joseph A.
Published: December 2023

With the steady growth in international dealings the tax administration and courts will come under increasing pressure to implement a comprehensive framework for the availability of legal professional privilege, which currently remains mainly available in the case of relevant advice provided by formally recognized legal practitioners. Moreover, the inevitable involvement of non-legal tax advisers in cross-border transactions requires a fresh approach to privilege, preferably a statutory one.
Turning Point: A Century of International Tax Policy Flies toward a Sharp Curve
Authors: Barnes P.A.
Published: December 2023

In this special issue of the Bulletin for International Taxation, the President of the International Fiscal Association welcomes participants to the 75th IFA Congress to take place in Cancun, Mexico from 22-26 October 2023.
Corporate Loss Utilization through Aggressive Tax Planning
Authors: Carreño F. , Rodriguez R. (Rebeca)
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 Spain.
The International Compliance Assurance Programme Reviewed: The Future of Cooperative Tax Compliance?
Authors: Russo R. (Ronald) , Martini M.
Published: December 2023

In this article, the authors examine the OECD’s International Compliance Assurance Programme (ICAP) and whether the ICAP can be regarded as an attempt to introduce an international and multilateral cooperative compliance regime.
A Comparison of Tax Compliance Tools in Ukraine with Select European Countries
Authors: Kotenko A. , Bondarenko I. , Kucheryavenko M. , Zaverukha O.
Published: December 2023

This article examines tax compliance mechanisms in Ukraine and select EU Member States (Austria, Denmark, Germany, Poland and Switzerland). The authors focus first on the concept of a tax system and its various components, arguing that tax compliance methods are as much an element of the tax system as taxes and duties. Following a discussion of tax penalties and fines, the authors examine tax collection measures, focusing on tax liens, seizure of property, the enforcement of fines, the provision of security in lieu of payment, deferred payment arrangements and search and seizure mechanisms. Although the mechanisms are quite similar amongst the states surveyed, what can differ is the ease of use of these tools, the protections granted to taxpayers and the specific procedures implementing these tools, with such differences reflecting the unique legal, cultural and administrative context of each country.
Indirect Taxation of Digital Services in Latin America: A Comparative Overview of Recent Developments in Argentina, Chile, Colombia, Mexico, Peru and Uruguay
Authors: Suffiotti G.
Published: December 2023

In this article, the author provides a general overview of the indirect tax treatment of digital services in Argentina, Chile, Colombia, Mexico, Peru and Uruguay. Particularly, the author in the article focuses on the structure of the taxable events, place of taxation and territoriality rules as well as compliance and collection mechanisms.
Tax Treatment of JSCPs in Spain: Past, Present and Future
Authors: Calvo R. , San Salvador E.
Published: December 2023

In this note, the authors review the debate regarding the exemption from Spanish corporate income tax for interest on net equity distributed by Brazilian subsidiaries, which has been ongoing since 2010. In addition, the authors discuss the potential treatment under new Spanish and international regulations.
A Practical Overview of the New Belgian Securities Accounts Tax
Authors: Heyvaert W. , Sheikh Mohammad V.
Published: December 2023

In this note, the authors provide an overview of the newly introduced Belgian securities account tax, noting the practical difficulties and uncertainties inherent in its implementation, including possible constitutional challenges.
Private Investment Fund Formation: An Introduction to Organizational Forms
Authors: Liu Y.
Published: December 2023

There are three forms that private investment funds commonly take under current Chinese law, namely limited partnership, limited liability company and trust, each having distinctive characteristics that will have long-lasting effect on the operation of funds. This article considers advantages and disadvantages of these forms.
Contract
Manufacturing Regulations: A Substantial Contribution?
Authors: Klaver E.
Published: December 2023

The author, in this article, describes and examines some of the key
changes brought about by the US Contract Manufacturing Regulations of December
2008, which address contract manufacturing structures and the branch
manufacturing rules, and comments on the unresolved issues that
remain.
The EU JTPF Shifts Gears on Dispute Resolution
Authors: Verlinden I. , Haupt M.
Published: December 2023

The EU Joint Transfer Pricing Forum reached agreement on revisions to the Code of Conduct to the EU Arbitration Convention during its meeting on 12 March 2015. The authors consider those changes and their potential impact, as well as the renewed mandate and change in composition of the JTPF.
Commissionaire Agency Permanent Establishment Structures and the Impact
of the Zimmer Case
Authors: Verlinden I. , Vlem X. van , Markey B.
Published: December 2023

Part of the Comparative Survey. The French Supreme Administrative
Court recently decided in the
Zimmer
case that
a French subsidiary of a foreign parent company, which operated in France under
French law as a commissionaire, did not constitute a taxable French permanent
establishment in France of the foreign company. The case has been explained in
"
Zimmer
Case: The Issue of the
Deemed Existence of a Permanent Establishment Based on Status as a
Commissionaire" by Mr Pierre-Jean Douvier and Ms Xenia Lordkipanidze
(17 International Transfer Pricing Journal 4, 2010).
Country report about this issue on Belgium.
Intra-Community Supplies of Goods under Polish VAT Law
Authors: Lipniewicz R. , Selera P.
Published: December 2023

Until the regime for taxation of trade between EU Member States is replaced by definitive arrangements, based in principle on taxation of supplies of goods or services in the Member State of origin, the transitional VAT regime continues to apply. One of the elements of the current regime is the zero rating of intra-Community supplies of goods. In this article, the authors conclude that, in its efforts to control the application of the zero rate, the Polish legislator applies various conditions that are not compatible with EU law.
Abuse of Law under EU Directives
Authors: Mulder F. , Cattel Y.C.
Published: December 2023

In this article, the authors discuss the so-called “Danish cases”, T Danmark (Case C-116/16) and Y Denmark (Case C-117/16), in which the Danish tax authorities denied the benefits of the Parent-Subsidiary Directive under the EU abuse-of-law concept.
Back to the Question: Can the VAT Exemption for Cost-Sharing Groups Operate in Cross-Border Scenarios?
Authors: Sol Rosa J.
Published: December 2023

In this article, the author analyses the AG Opinion in the ECJ case ofKaplan International Colleges UK (C-77/19) and focuses on the discussion whether cost-sharing groups operating across borders can benefit from the VAT exemption established in article 132(1)(f) of the VAT Directive.
A Critical Review of Italy’s Digital Services Tax
Authors: Stevanato
Published: December 2023

Following some unsuccessful attempts, Italy has enacted a new digital services tax broadly in line with the European Commission’s DST Proposal. Targeted at selected digital services and large undertakings, the Italian levy shares the flaws of the Commission’s design. It also gives rise to further concerns as it deviates from the DST Proposal.
Where and How Do Tax and “Environmental, Social and Governance” Factors Intersect?
Authors: Zeijden F.M. van der , Myronicheva H.
Published: December 2023

In this note, the authors describe the extent to which taxation is reflected in sustainability regulation and frameworks.
Location-Specific Advantages: When and How They Should Be Allocated
Authors: Bilaney S.K.
Published: December 2023

In this article, the author explains the concept of location-specific advantages, analyses when and how they should be allocated between multinational enterprise (MNE) groups based on the guidance provided in the United Nations Practical Manual on Transfer Pricing for Developing Countries (the UN Manual),
UN, United Nations Practical Manual on Transfer Pricing for Developed Countries (UN 2013).
Action 8 of the Action Plan on Base Erosion and Profit Shifting (Action 8),
OECD, Action Plan on Base Erosion and Profit Shifting (OECD 2013), International Organizations’ Documentation IBFD.
and in light of recent case law. Further, the approach adopted by the Indian and Chinese authorities is discussed.
Italian Real Estate Investment Funds: Recent Tax Framework Developments
Authors: Mantegazza F. , Brambilla A.
Published: December 2023

This article provides an overview of the tax framework for Italian real estate investment funds (REIFs) and their investors in light of recently enacted provisions that may be of relevance from both a domestic and an international perspective. The reform process that started in May 2010 has significantly amended the principles that underlie the REIFS tax regime; however, the resulting tax framework still makes REIFs an appealing investment scheme for Italian and non-Italian resident investors.
Singapore's 2011 Budget: Focusing on Strengthening the Economy and Society for the Future
Authors: Lee F.H.
Published: December 2023

In this article, the author comments on Singapore's 2011 Budget, which was announced on 18 February 2011. The author pays special attention in the measures in the 2001 Budget that are intended to strengthen Singapore's economy and society in the future.
Can Japan Adopt GloBE Rules and Simplify Its CFC Regime, While Maintaining the Integrity of Both?
Authors: Masuda T.
Published: December 2023

As it works to implement the OECD’s rules on Pillar Two, the GloBE rules, Japan is considering easing some reporting requirements under its CFC regime. Takato Masuda discusses the advantages and disadvantages of the options now under consideration and suggests a middle ground that just might work.
The Commission's Burden of Proof in Respect of Fiscal State Aid Following the ECJ Decision in the Spanish Sports Clubs Case
Authors: Pérez Merino C.
Published: December 2023

The ECJ, in European Commission v. Fútbol Club Barcelona (Case C-362/19 P), ruled that the special tax regime for certain Spanish sports clubs constitutes State aid, annulling the previous decision of the General Court of the European Union and endorsing the European Commission's decision. In this case, the burden of proof that falls on the Commission in State aid procedures in tax matters was particularly contentious. This article provides commentary on the decision.
Cooperative Compliance in the European Union: An Introduction to the European Trust and Cooperation Approach
Authors: Russo R. (Ronald) , Engelmoer J.J. , Martini M.H.
Published: December 2023

This article describes the newly introduced approach of Cooperative Compliance of the European Union, the European Trust and Cooperation Approach. It also critically compares that programme with the OECD’s International Compliance Assurance Programme and with the pillars of Cooperative Compliance.
Impact of International Tax Changes to Hong Kong and Its Reaction
Authors: Narula R.
Published: December 2023

To implement the minimum standards of the BEPS package promulgated by the OECD, the fundamental transfer pricing rules have been recently introduced in Hong Kong. These rules enshrine the arm’s length principle for transactions between associated persons and the attribution of profits to a non-resident person’s permanent establishment in Hong Kong in accordance with the authorized OECD approach (AOA). However, the application of AOA and other recommendations of the BEPS Project may result in different tax implications when compared with the long-standing territorial source principle of taxation in Hong Kong, which will be explored in this article.
Asymmetrically Relying on the EU VAT Directive – Is VAT a Picnic?
Authors: Pfeiffer S.
Published: December 2023

In the ECJ decisions in MDDP and GMAC, the Court has dealt with the question of windfall gains due to the asymmetrical direct application of the EU VAT Directive and domestic law. In this article, the author looks further at the interaction of the direct applicability of the EU VAT Directive’s provisions and the selective application of domestic rules.
Recent Australian Tax Developments
Authors: Joseph A.
Published: December 2023

This article discusses developments in taxation in the latter half of 2018 regarding Fintech, changes in residence and securitization funds.
Updates on Indonesian Tax and Capital Market Law
Authors: Karyadi F. , Irawati A.
Published: December 2023

This article will focus on updates in tax regulations and the capital market sector in Indonesia throughout the period from 2019 to 2021.
Loss Utilization
Authors: Nguyen T.V.
Published: December 2023

This comparative survey article on Vietnam is based on a paper presented at the Baker & McKenzie 30th Annual Asia-Pacific Tax Conference held in Hong Kong from 13-14 November 2014. The 31st Annual Asia-Pacific Tax Conference is to be held in Singapore in November 2015.
35 Years of ECJ Direct Tax Case Law: An Historical Overview on the Occasion of the 60th Anniversary of European Taxation
Authors: Zalasiński A.
Published: December 2023

In this article, the author examines the development of the ECJ’s case law, focussing on the author’s personal choice of the most important milestone decisions.
Opinion Statement ECJ-TF 3/2019 on the ECJ Decision of 22 November 2018 in Sofina (Case C-575/17) on Withholding Taxes, Losses and Territoriality
Authors: CFE ECJ Task Force
Published: December 2023

This CFE Opinion Statement, submitted to the EU Institutions on 10 October 2019, comments on the decision in Sofina (Case C-575/17), in respect of which the Fifth Chamber of the ECJ delivered its decision on 22 November 2018. The Court held that the imposition of French dividend withholding tax violated the freedom of capital movement in light of the non-resident’s overall loss situation.
Recent Developments Regarding Beneficial Ownership in Denmark
Authors: Booker T.
Published: December 2023

This article describes the background to the term “beneficial owner” and how the term has been interpreted in Denmark. It is followed by some comments on the OECD’s discussion draft, “Clarification of the meaning of ‘beneficial owner’ in the OECD Model Tax Convention”.
Tax Reliability Index Introduced
Authors: Blažejová Z.
Published: December 2023

In this note, the author describes legislation introducing a “tax reliability index”, a tool designed to strengthen voluntary tax compliance by rewarding taxpayers who regularly meet their obligations to the state.
Country-by-Country Reporting Template Published
Authors: Hogan S. , Austin C.
Published: December 2023

The authors review the Irish legislation which introduces country-by-country reporting, and its implications for multinational enterprise groups doing business in and from Ireland.
Danish Supreme Court Rules against the Taxpayer in Its Third Transfer Pricing Case
Authors: Bjørnholm N. , Tolstrup B.
Published: December 2023

On 26 April 2021, the Danish Supreme Court rendered its third judgment in a transfer pricing (TP) case. As opposed to the first two TP judgments from the Danish Supreme Court (the Microsoft case and the Adecco case), the tax authorities prevailed in this third case against the privately held company Tetra Pak.
Update : an introduction to the taxation of financial
instruments
Authors: Munch D.A.
Published: December 2023

This article is an update of an article regarding the taxation of
financial instruments, published earlier this year in this journal. The update
concerns the period from 1 January 2009 to 28 May 2009, and includes Act 98 of
10 February 2009 and bills 195 and 202 that were passed in the parliament on 28
May 2009.
Overview of General Turnover Taxes and Tax Rates – January 2023
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 2023.
Social Security and Pensions Systems
Authors: Ang W. , Gan J.
Published: December 2023

This comparative survey aims to provide readers with an understanding of the social security and/or pensions systems in China, India, Indonesia, Japan, Korea (Rep.), Malaysia, Singapore and Thailand.
Manufacturing and Trading Incentives – Where Do We Stand Now in Asia?
Authors: Shah R. (Rohan) , Banhatti Anay
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.
Germany’s Anti-Treaty/Directive-Shopping Provision Following the ECJ’s Decision in GS (Case C-440/17)
Authors: Leidel S. , Sakuth K.
Published: December 2023

The authors, in this note, examine the recent decision of the ECJ in GS (Case C-440/17), which addresses the German anti-treaty/directive-shopping provision applicable since 2012, including a discussion of the implications of the decision in practice and possible reactions of the German legislator.
Consignment and Call-Off-Stock Transactions between Poland and
Germany
Authors: Bal A.
Published: December 2023

EU businesses increasingly keep call-off stocks in other Member States
of the European Union. In this article, the author gives an overview of the VAT
treatment of consignment and call-off stocks in Poland and Germany and explains
that the optional measures aimed at simplifying the VAT consequences of
specific types of intra-Community transactions may turn out to have costly
consequences for the parties involved in cross-border call-off-stock and
consignment arrangements.
CFE Opinion Statement on the Proposal for a Council Directive on a Common Consolidated Corporate Tax Base (CCCTB)
Authors: Confédération Fiscale Européenne
Published: December 2023

This is an Opinion Statement prepared by the Fiscal Committee – Direct Tax Sub-Committee – of the CFE (Confédération Fiscale Européenne). CFE is the umbrella organisation representing the tax profession in Europe. Our membership includes 33 professional organisations from 24 European countries (21 EU Member States) with 180,000 individual members. Our functions are to safeguard the professional interests of tax advisers, to assure the quality of tax services provided by tax advisers, to exchange information about national tax laws and professional law and to contribute to the coordination of tax law in Europe. CFE is registered in the EU Transparency Register (ID 3543183647-05).
The Uniform Application of Tax Law in Hungary
Authors: Darák P.
Published: December 2023

This article considers the principle of the uniform application of the law in Hungary, both in theory and focussing on issues involving administrative procedures and VAT refunds as practical examples.
Commission
Authors: Valério C.
Published: December 2023

This overview highlights the Commission’s (i) public consultation on new VAT rules for the digital era; (ii) proposal to extend the application of the reverse charge mechanism and quick reaction mechanism to fight intra-Community VAT fraud; (iii) letters of formal notice to Bulgaria, Greece and Spain regarding implementation of ATAD 2; (iv) closing of the infringement procedure against France regarding its rules on the taxation of capital gains of non-resident investment funds; and (v) authorization to Cyprus to support private investment in innovative SMEs under the State aid framework.
An Inquiry into the Use and Reform of the New Zealand Foreign Trust Regime
Authors: Hansby M.
Published: December 2023

This article describes how and to what extent New Zealand foreign trusts are used in international tax planning. It highlights the substantive tax policy concerns that remain outstanding despite the recent reform, and evaluates the political backdrop to reform process, concluding that greater transparency in tax policymaking is desirable.
The Bombay High Court Decides Whether the CUP Method Can Be Applied to Customized Goods
Authors: Patel V.T. , Dhoot S.
Published: December 2023

In its ruling in Amphenol Interconnect India (P.) Ltd., the Bombay High Court affirms the action of the Pune Income-Tax Appellate Tribunal that the transaction net margin method is the most appropriate method for determining the arm’s length price relating to the transactions of export/import of goods and payment of commission by the taxpayer with its associated enterprises. The comparable uncontrolled price method applied by the transfer pricing officer had been rejected because the goods are customized and differences due to e.g. geographical location, order volume and different market conditions exist. The High Court thus dismissed the appeal of the revenue authorities.
Treaty Override – Revival of the Debate over the Constitutionality of Domestic Treaty Override Provisions in Germany
Authors: Perdelwitz A.
Published: December 2023

In this article, the author outlines a case that is pending before the
Constitutional Court regarding the constitutionality of domestic treaty
override provisions and comments on the recently revived debate on the matter.
A Modern Understanding of Article 31(3)(c) of the Vienna Convention
(1969): A New Haunt for the Commentaries to the OECD Model?
Authors: Broekhuijsen Dirk M.
Published: December 2023

In this article, the author examines whether or not article 31(3)(c)
of the Vienna Convention of the Law of Treaties (1969) may justify recourse to
the OECD Commentary when interpreting tax treaties.
Legal Protection of Tax Debtors in Respect of Cross-Border Use of Precautionary Measures to Guarantee Tax Recovery
Authors: De Troyer
Published: December 2023

The ECJ recently issued two decisions on cross-border administrative assistance for the recovery of taxes (Heavyinstall (Case C-420/19) and Silcompa (Case C-95/19)). This new line of case law not only answers certain questions regarding the interpretation of the EU Recovery Directive (2010/24), but also raises new questions concerning, in particular, the legal protection of the taxpayer in the face of cross-border requests for precautionary measures to guarantee the recovery of non-final tax claims.
Corporate Tax Changes
Authors: Tzenova L.
Published: December 2023

This note outlines recent Bulgarian amendments, including: refinements to the transposition of the EU Anti-Tax Avoidance (2016/1164), as well as the amending Council Directive (2017/952) into national legislation; provisions to address the tax treatment of sale and leaseback agreements classified as operating leases under the International Accounting Standards (IAS); a reduction in the tax rate applicable to the one-off tax on benefits in kind; and amendments related to the tax treatment of food vouchers.