bluuebunny/crossref_metadata_2025 huggingface dataset:
Voluntary Payment of Taxes and Voluntary Adjustments of Transfer Prices
from an EU Perspective
Authors: Barmentlo D. , Valente P.
Published: December 2023

The current international tax climate is high on the political agenda.
Public pressure and possible consumer actions may lead to voluntary payments of
corporate income taxes. Sometimes tax authorities morally appeal to companies
and individuals to make tax payments also where the statute of limitations has
expired. At other times tax authorities make repayments of taxes on the basis
of hardship considerations. The present survey of the International Transfer Pricing Journal will focus on the
phenomenon of voluntary payment of taxes and voluntary adjustments of transfer
prices. Report on the European Union.
The Overlap between Dispute Settlement Mechanisms in World Trade Organization Agreements and Tax Treaties
Authors: Salehifar A.
Published: December 2023

The rapid expansion of the membership of the World Trade Organization (WTO) poses a significant challenge to the operation of tax treaties. This article examines the possible clash of jurisdiction and the potential conflict between the dispute resolution mechanisms provided for by the WTO and in tax treaties.
Status of Implementation of the Authorized OECD Approach Into Domestic Tax Law and Tax Treaties – Part 2
Authors: Huibregtse S. , Verdoner L. , Valutyte I. , Offermanns R.
Published: December 2023

This article examines profit/loss allocation in a headquarter/branch scenario. Part 1, which was published in European Taxation 8 (2015), discussed the actual split between a head office and branch from a theoretical perspective, basic concepts derived from public international treaty law, the notion of Key Entrepreneurial Risk-Taking Functions versus Significant People Functions and the Authorised OECD Approach (AOA). Part 2 continues to analyse the AOA, looks at the question of whether adequate capital is allocated to the branch as a fictitious separate entity and outlines court cases, tax policy and advance pricing agreement/mutual agreement procedure implications.
New Spanish regulation on the mutual agreement procedure
Authors: Palao Taboada C.
Published: December 2023

In November 2008, Spain issued a new regulation on the mutual
agreement procedure (MAP)which applies to two procedures: the MAP under Spain's
tax treaties and the procedure governed by the EC Arbitration Convention. This
article examines and analyses the new regulation, including (among other
things) its scope and structure, its common provisions, the MAP under tax
treaties, and the procedure for applying the Arbitration Convention. The
article also considers the suspension of tax collection and whether interest
accrues during the MAP.
The Proposed Draft AIFM Implementation Tax Act
Authors: Eckl P.
Published: December 2023

The author provides an overview of the proposed new regime governing
the taxation of investment funds, which was drafted in relation to Germany's
implementation of the EU AIFM Directive into domestic law.
Finland’s Cross-Border Dialogue Initiative: A Practical Step towards International Tax Certainty
Authors: Waal J. , Lindgren J.
Published: December 2023

This article considers the tax management and other issues that arise in relation to the Cross-Border Dialogue, which was recently introduced in Finland, and examines the initiative’s objective of improving tax certainty for both taxpayers and tax authorities.
The European Court of Justice – Recently Decided and Pending Cases
Authors: The Editors
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 2013, 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.
EU Companies with Third State Dual Residency and the Freedom of Establishment: Unlawful Restriction by Secondary Legislation and Corresponding National Tax Law
Authors: Kollruss T.
Published: December 2023

The author discusses whether or not article 3(b) of the EU Merger Directive (2009/133) and article 2(a)(ii) of the EU Parent-Subsidiary Directive (2011/96) might unlawfully restrict the freedom of establishment of EU companies having third state dual residency.
The scope of the EU exemption for cost-sharing associations
Authors: Swinkels J.J.P.
Published: December 2023

In its judgment in CBO, the European Court of Justice (ECJ) has given
a broad interpretation of the VAT exemption for services of cost-sharing
associations. In this article, the author comments on the arguments on which
the ECJ based its decision and the potential risk that the exemption distorts
competition. Finally, the author points out numerous aspects of the exemption
that continue to lack clarity.
Case Note on Åkerberg Fransson (Case C-617/10)
Authors: Brokelind C.
Published: December 2023

This note examines the recent ECJ decision in Åkerberg Fransson (Case C-617/10), wherein the court held that the prohibition against double jeopardy provided for by article 50 of the Charter of Fundamental Rights may apply to a system where a combination of administrative and criminal penalties is imposed in regard to the same act of non-compliance, to the extent that the administrative penalties are assessed as criminal in light of the “Engel” criteria defined in the case law of the European Court of Human Rights.
The Inland Revenue’s Draft Interpretation Statement on Tax Avoidance – Are We Any Further Ahead?
Authors: Maples A. , Sawyer A.
Published: December 2023

A revenue authority’s application of a general anti-avoidance rule (GAAR) is often a vexed issue where taxpayers and their advisors complain about uncertainty while the revenue authority argues that the nature and effective operation of a GAAR precludes anything more than general guidance at best. In New Zealand this issue has festered for well over a decade, with the latest development being a second draft interpretation statement issued in late 2011. In this article, the authors set the scene and review the key issues raised in the submissions, and suggest that there is plenty of scope for improving the draft statement before it is finalized later in 2012.
The Challenge of VAT Implementation in Afghanistan
Authors: Hassan B.
Published: December 2023

Afghanistan is going to implement VAT in December 2020 to diversify revenue much needed for boosting economic growth and stabilizing the economy. In this article, the author summarizes the main features of the Afghan VAT Law and highlights the challenges likely to be faced by the tax authorities in the implementation of the VAT system. The author also proposes a range of recommendations that might be instrumental in dealing with these challenges.
Pros and Cons of the New European Tax Dispute Resolution System and the Spanish Attempt at Transposition
Authors: Luchena Mozo G.M.
Published: December 2023

In this article, the author examines the Spanish efforts to transpose the EU Dispute Resolution Directive (2017/1852) into Spanish law.
Transfer Pricing and Customs Valuation – A Korean Perspective
Authors: Sung C. , Nam T-Y.
Published: December 2023

The Korean tax and customs authorities have stepped up their enforcement activity over the years to ensure that cross-border transactions carried out between local subsidiaries and their overseas affiliates are conducted on the basis of an arm’s length price. However, the arm’s length price as determined by one authority (usually after an audit) may not be acceptable to the other authority, often resulting in a situation in which the taxpayer is effectively taxed twice on the same transaction. This article explores the conflicting positions taken by tax and customs authorities with regard to the arm’s length price, reviews the attempts made by the government to mitigate such conflict and provides some planning ideas to help manage risks around the arm’s length price from both tax and customs perspectives.
New Tax Rules: Highlights of 2011 Finance Bill, Fourth Amended Finance Bill for 2010 and 2011 Social Security Finance Bill
Authors: Marciniak S.
Published: December 2023

New tax rules enacted by the parliament at the end of December 2010, namely the 2011 Finance Bill, the Fourth Amended Finance Bill for 2010 and the 2011 Social Security Finance Bill, will seriously affect corporate taxpayers, management compensation packages, compensation benefits and individual taxpayers, more specifically with regard to their income derived from capital market investments. This article presents an overview of the most significant tax changes.
A Proposal for the Development and Testing of a Diagnostic Tool for Assessing VAT Compliance Costs
Authors: Highfield R. , Walpole M. , Evans C.
Published: December 2023

Over the last two decades, many governments have sought to take stock of the burden generally imposed by their regulations, especially in relation to taxes imposed on businesses, and to identify and adopt measures to reduce the costs of complying with such regulations. In many countries, the VAT has been found, or is perceived, to be among the most burdensome of all taxes on business. This article sets out the design features of a proposed diagnostic tool for gauging the likely incidence and significance of VAT compliance costs at the country level and its use in comparative cross-country assessments as a means of driving thinking about reform.
AI and Tax Administrations: A Good Match
Authors: Zackrisson M. , Bakker A. , Hagelin J.
Published: December 2023

This article presents developments related to tax administrations and AI by focusing on three specific areas: (i) audit selection; (ii) guidance to taxpayers; and (iii) improvement of internal efficiency. In addition, it analyses certain challenges and risks, and provides a brief overview of tax administrations’ use of AI in different jurisdictions.
The Tax Policy Debate Regarding Tax Incentives in Developing Countries: The Case of Targeted Tax Incentives in Egypt
Authors: Abdellatif Khalil M.M. , Tran-Nam B.
Published: December 2023

This article analyses and assesses the various approaches to tax policy that are adopted by developing countries in relation to tax incentives, specifically, targeted tax incentives, with a particular reference to Egypt.
The Taxation of Permanent Establishments: Selected Issues
Authors: HJI Panayi C.
Published: December 2023

In this article, the author considers recent topical issues arising
from the taxation of permanent establishments from the perspective of EU
law.
Advance Pricing Agreement – Indian Experience
Authors: Sharma S. (Sanjeev)
Published: December 2023

India introduced advance pricing agreement provisions in its domestic law in the year 2012. In this article, the author has critically examined the role of the programme in changing the transfer pricing litigation landscape in the country and has considered the usefulness of the programme for developing countries.
Foreign-Dressed Companies: Freedom of Establishment versus Place of Effective Management
Authors: Ferrari M. , Lanotte G.
Published: December 2023

In the Supreme Court’s decision of 9 March 2021, in Modlot International Holding SA (Case 6476), the old argument regarding a foreign-dressed company was resurrected. According to this position, the use of a foreign-dressed company does not necessarily abuse the freedom of establishment and tax residence should be determined in accordance with the territorial criteria provided in article 73 of the Italian Income Tax Consolidation Act.
The Right To Deduct for Partially Exempt Bodies
Authors: Lasok P.
Published: December 2023

Comments to Mandy Gabriël and Herman van Kesteren, "Calculation of the (Pre-) Pro Rata under EU VAT Law" in International VAT Monitor 5 (2011).
Spain’s Holding Company Regime
Authors: Diéguez C. , Alaix L.
Published: December 2023

This article describes the Spanish entidad de tenencia de valores extranjeros (holding company, ETVE) regime and considers the advantages and disadvantages of the ETVE regime for taxpayers.
International Tax Recovery Assistance between EU Member States and the United Kingdom Following Brexit
Authors: De Troyer I.
Published: December 2023

At the beginning of 2020, the United Kingdom left the European Union. In this note, the author analyses the consequences of Brexit for mutual tax recovery assistance between EU Member States and the United Kingdom.
COVID-19 Economic Crisis – Impact on Transfer Pricing
Authors: Agrawal S. , Sen U.
Published: December 2023

COVID-19 has resulted in major economic disruption and a drop in economic activity unprecedented in recent history. Cross-border dealings and international transactions will likely be impacted, as corporate enterprises explore different ways of keeping their operations running while remaining within the limits of government-prescribed restrictions. It is prudent for corporate enterprises to analyse any impact on their business due the COVID-pandemic and revisit any inter-company policy now rather than later. This can be supported by maintaining contemporaneous and robust documentation which will be available with the enterprises at this juncture.
A Practical Approach to Benchmarking Intra-Group Performance Guarantees
Authors: Bilaney S.K.
Published: December 2023

Intra-group performance guarantees are commonly seen in industries such as natural resources, construction, defence and IT. They are also typically asked for in government contracts. The OECD Transfer Pricing Guidelines cover intercompany financial guarantees, but not performance guarantees. Accordingly, this article draws on the OECD Guidelines to provide practical guidance for the analysis of performance guarantees. Based on this analysis, it is concluded that the valuation-of-expected-loss approach is most suitable for determining the arm’s length price of performance guarantees.
Should We Use Value Creation or Destination as a Basis for Taxing Digital Businesses? – Krister Andersson’s Comments on the 2018 Klaus Vogel Lecture Given by Professor Michael Devereux
Authors: Andersson K.
Published: December 2023

Krister Andersson, in this article, provides his thoughts regarding Professor Michael Devereux’s 2018 Klaus Vogel Lecture on the topic of “Should We Use Value Creation or Destination as a Basis for Taxing Digital Businesses?”.
Commitment to the Internationally Agreed Standards of Transparency and
Exchange of Information for Tax Purposes
Authors: Lee F.H.
Published: December 2023

The author describes Singapore’s experience and progress in
implementing the internationally agreed standards of transparency and exchange
of information for tax purposes, following the OECD’s report in April
2009.
The Problem of Double Non-Taxation in the European Union – To What Extent Could This Be Resolved through a Multilateral EU Tax Treaty Based on the Nordic Convention?
Authors: Helminen M.
Published: December 2023

This article examines the issue of double non-taxation in the European Union and the possibility of implementing an EU Multilateral tax treaty modelled after the Nordic Multilateral Tax Convention (1996) to resolve the problem.
ECJ Decisions in the Skellefteå Industrihus AB and Vittamed Cases: A Severe Blow to the Neutrality of the VAT System
Authors: Lamensch M.
Published: December 2023

In this Column, the author analyses the ECJ’s decisions in the Skellefteå Industrihus AB and Vittamed cases, which concerned the issue whether or not a taxable person should adjust the VAT deductions made in connection with a project that was abandoned.
The EC Parent-Subsidiary Directive and the Decision of the European Court of Justice in Burda
Authors: Stavropoulos Ioannis F.
Published: December 2023

In this article, the author considers the evolution of
the concepts of withholding tax and tax neutrality within the framework of the
EC Parent-Subsidiary Directive (hereinafter: the Directive)
Council Directive 90/435/EEC.
and through the case law of the European Court of
Justice (ECJ), with specific reference to the recent case of Burda.

ECJ, 26 June 2008, Case C-284/06, Finanzamt Hamburg-Am Tierpark v. Burda GmbH.
Challenges of the Mexican real estate investment trust tax
regime
Authors: Aguilar F.
Published: December 2023

The use of real estate investment trusts and real estate investment
companies has significantly expanded worldwide, and this has led Mexico to
enact a tax regime for this form of investment in the hope of facilitating the
development of the Mexican real estate market. However, the actual use of these
vehicles in Mexico has been limited. This article summarizes the applicable tax
provisions and identifies some of the perceived benefits and weaknesses of the
regime.
How Should Indonesia Implement Direct Tax on Digital Economy? – A Comparative Study between the Equalization Tax in India, and the Digital Service Tax in the United Kingdom and France
Authors: Simorangkir F.
Published: December 2023

The digital economy has become part of our daily life and it brings many positive impacts to societies. On the other side, it raises challenges for taxation. Source countries, where the digital business earns income from, find difficulties to implement a provision in their domestic law or treaty to tax the income from the digital transaction. The OECD expects a consensus base solution to address this problem by the end of 2020. However, some countries, such as India, France and the United Kingdom, decided to implement a unilateral measure as an interim solution while waiting for the global consensus. The policy, the design and the implementation of the measure in each country are quite different. This paper aims to analyse the features of the unilateral measure implemented in the three countries. The study aims to figure out whether Indonesia should implement such unilateral measure, and how the policy, the regulation and the implementation should be.
Digital Services Taxes: French Law Approach and OECD’s Commitments
Authors: Douvier P-J. , Ankri-Avy C.
Published: December 2023

In this article, the authors explain the tax treatment of digital services in French law, and the impacts of the new OECD standards harmonizing the taxation of digital services worldwide.
Transfer Pricing and Financial Transactions: Report on the WU Transfer Pricing Symposium
Authors: Lan S.
Published: December 2023

This article highlights key points discussed during the WU Transfer Pricing Symposium titled “Transfer Pricing and Financial Transactions: Current Developments, Relevant Issues and Possible Solutions”, organized by the WU Transfer Pricing Center at the Institute for Austrian and International Tax Law at WU (Vienna University of Economics and Business), and summarizes the topics analysed during the four sessions of the event.
Commission
Authors: Xygka A.
Published: December 2023

This overview highlights the Commission’s (i) proposal for rules to facilitate the activities of cross-border associations in the European Union, (ii) proposal for steps to digitalize social security coordination, (iii) launching of BEFIT proposal and (iv) launching of Head Office Tax system for SMEs proposal.
Penalties for Non-Compliance with Transfer Pricing Documentation Rules
Authors: Wittendorff J.
Published: December 2023

New regulations have been introduced in Denmark that reflect the OECD’s new approach to transfer pricing documentation, namely the Master File, Local File and country-by-country report.
Credit Card Transactions –The German VAT Treatment
Authors: Bal A.
Published: December 2023

In this article, the author explains the treatment of credit card transactions for German VAT purposes. A credit card transaction involves different parties, and there is always a bank amongst them. As banks carry out mainly tax-exempt services, they are not allowed to deduct the input VAT charged to them by service providers. The author puts forward recommendations on how to increase the amount of deductible input VAT and lessen the cost burden related to these transactions.
Are the Danish CFC Rules in Conflict with the Freedom of Establishment? – An Analysis of the Danish CFC Regime for Companies in Light of ECJ Case Law
Authors: Koerver Schmidt P.
Published: December 2023

Unlike other Member States, Denmark reacted to Cadbury Schweppes (C-196/04) by widening the scope of application of its CFC legislation for companies to purely domestic situations. Inspired by the BEPS Report recommendation on strengthening CFC legislation – and in light of the lack of certainty under existing ECJ case law – this article analyses whether or not the Danish CFC rules applicable to companies should be considered in line with the freedom of establishment.
Prioritizing Transfer Pricing Methods: An Indian and Global Perspective
Authors: Jain A.(Ajit) Kumar
Published: December 2023

The author analyses the priority given to various transfer pricing methods from an Indian perspective, as well as from the perspective of the OECD and various countries around the world.
Taxing Digital Economy vis-à-vis Income Tax Act 1961: Issues and Challenges
Authors: Jha V.S.
Published: December 2023

E-commerce has immensely benefitted Indian business communities, but at the same time, it has badly agitated Indian tax authorities and others worldwide. Indian tax laws (just like tax laws of any other nation) were drafted on the bedrock of “Classical Source & Nexus rule” and thus with the advent of the digital manner of doing business, Indian tax law as a whole appeared to be redundant. In this utter confusion, much to taxpayers’ annoyance, the Central Board of Direct Taxes started to tax the same income which was already taxed or proposed to be taxed by another jurisdiction. Against this background, the article attempts to navigate the journey that the Indian direct tax regime has made since the arrival of the digital economy taking along the way some hard experiences accosted and developments made based on the OECD’s BEPS Action Plans.
Beneficial Owner: The Enigma Storms Ahead
Authors: du Toit C.
Published: December 2023

In this article for the 75th anniversary issue of the Bulletin for International Taxation, Charl du Toit questions and explores why, despite all the criticism that beneficial ownership has received, its use as a “policing term” appears to be ever increasing. It is now also widely used outside international tax in various areas under the exchange of information banner.
Parliament
Authors: Valério C.
Published: December 2023

This overview highlights the Parliament’s (i) resolution proposing abolition of unanimity in Council; (ii) positive Opinion on Minimum Taxation Directive; (iii) resolution calling for Pandora Papers investigations and legislative measures; and (iv) push towards green transition legislative proposals.
Netherlands Supreme Court Decides in Taxpayer’s Favour Regarding the Application of Tax Treaties to a Fiscal Unity under Netherlands Domestic Tax Law
Authors: Mooij H.
Published: December 2023

The Netherlands Supreme Court has decided in favour of a corporate taxpayer regarding its place of effective management under the Belgium–Netherlands Income and Capital Tax Treaty (1970), considering only the circumstances of the taxpayer, while ignoring the fiscal unity under Netherlands tax law of which the taxpayer was a member.
Transfer Pricing Knowledge Management Systems
Authors: Plesner Rossing C. , Pearson T.C.
Published: December 2023

This article discusses transfer pricing knowledge management systems,
a neglected topic in the international transfer pricing and tax risk management
literature. Key concepts of knowledge and knowledge management systems are
introduced, followed by descriptions of the individual components of a transfer
pricing knowledge management system. Finally, a guiding framework is proposed
for the management of transfer pricing knowledge.
Fiscal and Tax Issues in China’s Entertainment Industry
Authors: Chen J. (Jingxian)
Published: December 2023

This article analyses two important issues of the Chinese entertainment industry from the perspective of fiscal and taxation law. One of the issues is how to promote the development of the entertainment industry through fiscal and tax incentives. The other issue is how to effectively deal with the tax evasion and tax avoidance problem in the entertainment industry.
New Brazilian Supreme Court Decision on CFC rules
Authors: Peixoto Orsini E. , Peixoto  Orsini Marcondes D.G.
Published: December 2023

The authors consider a recent Supreme Court decision on the country’s
controlled foreign corporation rules. Also analysed are two other similar cases
which were decided in the same session which also involved the taxation of
profits of foreign companies.
Are Advance Pricing Agreements Binding Commitments?
Authors: Spencer K. , Kelleher M.
Published: December 2023

A recent case in the US Tax Court has the potential to severely damage
the Internal Revenue Service’s advance pricing agreement programme. The case
concerns the unilateral termination by the IRS of a taxpayer’s APAs, and the
taxpayer’s efforts to compel the IRS to honour the APAs as binding
contracts.
The New Taxing Right under Pillar One: Preliminary Thoughts on Potential Implications for MNEs
Authors: Adda M. , Scandone F.S. , Lorenzi U.
Published: December 2023

The OECD has made relevant progress towards reaching a consensus-based long-term solution to address the tax challenges arising from the digitalization of the economy and Pillar One is the last milestone of this tortuous path. In this article, the authors, without pretending to be exhaustive given the multitude of topics, wish to raise awareness among the international business community, illustrating some selected aspects deriving from Pillar One implementation that deserve further and deeper consideration in order to avoid triggering discontinuity to the current principles applied by MNEs to allocate income.
European Court of Justice : recent developments
Authors: Annacondia F. , Corput W. van der
Published: December 2023

In this article, the editors provide an overview of the VAT judgments
of the Court of Justice of the European Union (ECJ) and opinions of the
Advocates General delivered in the past 12 months, and a list of the remaining
VAT cases pending before the ECJ on 31 August 2009. The overview is accompanied
by summaries of the judgments, opinions and announcements that have not yet
been published in the journal.
Partnerships – New Developments in the New Frontier
Authors: Marsh N.S. , Kadet J. , Hao J.J.
Published: December 2023

This article looks at the recent developments which have brought considerable change to partnerships structures in China, including the ability of non-Chinese investors to become a partner in a Chinese partnership. In addition to taxation issues, the authors also discuss pertinent developments concerning partnership organizational and structuring issues.
Indonesian “Sixth Method” on Intercompany Sales in Coal Mining Industries
Authors: Daholi T. Qivi Hady , Dewantara A.R.
Published: December 2023

The issue of transfer pricing in extractive industries, including the coal sector, has gained global attention. To mitigate the risks of inappropriate transactions and tax evasion, resource-rich countries incorporated, among others, the arm’s length principle into their legislation. Some countries use the “sixth method”, which mandates quoted prices for affiliated transactions. Indonesia’s Government Regulation No. 15 of 2022 introduces a similar approach for coal pricing, albeit with a certain hierarchical aspect. This article explores the Indonesian “sixth method” for intercompany coal sales and its interaction with existing transfer pricing rules, including potential issues that may lead to disputes.
Do Tax Treaties Embody the Application of Sovereign Immunity? – An Assessment with Regard to Sovereign Wealth Funds
Authors: Joseph S-A.
Published: December 2023

This article concludes that a consideration of tax treaties with regard to sovereign immunity reveals that such treaties do not embody the doctrine of sovereign immunity. Governments with sovereign wealth funds should, therefore, negotiate a specific article in their tax treaties to provide certainty of tax treatment.
How Did We End Up with This Budget and This US International Tax System? A Brief History of the Proposed Predecessor Tax Reforms to the Tax Cuts and Jobs Act of 2017
Authors: Nylen P.C.
Published: December 2023

This article examines the history and implications of US international tax reform in the 21st century, with particular reference to revenue raising, deficits and the Tax Cuts and Jobs Act of 2017.
Juridical Double Taxation and Economic Triple Taxation of Shareholder Loans in Denmark: “Cum In” under Danish Tax Law
Authors: Smith Nielsen R.
Published: December 2023

This article, which examines domestic juridical double and economic triple taxation of shareholder loans, concludes that such taxation (i) can result in an effective top marginal tax rate exceeding 100%; (ii) raises issues under, for example, the European Convention on Human Rights (right to property); and (iii) represents, for the individual, a form of “cum in”, i.e. the equivalent of the “cum ex” that was the basis of a major tax fraud scandal in Europe.
Draft Minerals Resource Rent Tax Bill and Explanatory Material Released – Is the MRRT Really a Penalty for Being Australian?
Authors: Butler M.
Published: December 2023

This article follows the progress of the Australian government’s proposal to introduce a minerals resource rent tax from 1 July 2012. Additionally, the petroleum resource rent tax will also be extended from that date to cover all Australian oil and gas projects, whether offshore or onshore. The article focuses on a number of design features of the draft Minerals Resource Rent Tax Bill 2011 and also comments on a number of significant legal issues arising under the Bill.
Council
Authors: Morales T.
Published: December 2023

This overview highlights the Council’s provisional agreement with the European Parliament to introduce public country-by-country reporting for certain undertakings and branches.
Recent Legislation on the Tax Regime Applicable to “Carried Interest”
Authors: Serbini S.
Published: December 2023

This contribution describes article 60 of Law Decree No. 50 of 24 April 2017, which clarifies the regime applicable to “carried interest” compensation granted to managers and/or employees.
Indirect Share Transfer Not Taxable in India
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note explains the ruling issued by the Authority for Advance Rulings to GEA Refrigeration Technologies GmbH, which determined that a capital gain arising from the transfer of shares in a German company, approximately 5.4% of the value of which was attributable to its shareholding in an Indian company, was not taxable in India under either section 9(1)(i) of the Income Tax Act 1961 or article 13 of the India-Germany Income and Capital Tax Treaty (1995).
Brazil’s REINTEGRA in Light of World Trade Organization Rules: A Wrong Way to Incentivize Development?
Authors: Aguirra de Andrade L.
Published: December 2023

This article considers the nature of the Brazilian Special Regime for the Reintegration of Tax Values for Exporting Companies (“REINTEGRA”), and its non-conformity with World Trade Organization rules, especially in relation to the concepts of subsidy and most-favoured nation and national treatment.
Special Tax Zones in Developing Countries and Global Tax Policy
Authors: Laukkanen A.
Published: December 2023

In his previous article,
A. Laukkanen,
The Development Aspects of Special Tax Zones
, 70 Bull. Intl. Taxn. 3 (2016), Journals IBFD.
the author examined special tax zones (STZs), primarily from the perspectives of the OECD and the European Union. In this article, the author focuses on STZs in developing countries and the global tax context with foreign direct investments, tax practices and tax policies.
New Perspective on the Taxation of CFCs in Third Countries?
Authors: Nielsen L.F.
Published: December 2023

This article examines the case of X-GmbH v. Finanzamt Stuttgart-Körperschaften (Case C-135/17). For this purpose, it provides a short overview of the relevant German CFC legislation. Subsequently, it examines Advocate General Mengozzi’s Opinion and discusses his conclusions in light of the EU Anti-Tax Avoidance Directive (2016/1164). It concludes that the ECJ’s decision might have consequences for the interpretation of articles 7 and 8 in third-country situations.
The Primacy of EU Law and the Retroactive Application of ECJ Case Law: The Spanish Application of ECJ Case Law on the Horizontal Tax Group
Authors: Sánchez de Castro Martín-Luengo E.
Published: December 2023

The principle of primacy of EU law plays an important role at the domestic level of the EU Member States. EU law must be directly applied not only by courts, but also by administrative bodies. This is particularly the case when there is settled ECJ case law on a particular legal issue. One example of the application of this principle, in combination with the application of the acte clair and acte éclairé doctrines, is the retroactive application of the Spanish horizontal tax group regime.
The End of Intra-Group Financing... or Not Just Yet? – Part 1
Authors: Janssens P. , Loos J. , Vandepitte B. , Ledure D.
Published: December 2023

This article examines, first, how the outcome of the OECD BEPS Project will impact numerous aspects of intra-group financing as multinationals currently know it, serving as a roadmap for the reader to navigate through the jungle of rules considered and proposed by the OECD. At the same time, the authors are critical of the OECD’s proposals and analyse the extent to which they might result in collateral damage for the funding of group or business investment in general. Part 1 addresses the borrower’s perspective, while Part 2, to be published in European Taxation 8 (2015), analyses the lender’s perspective.
Assessing the Impact of the OECD’s Multilateral Instrument on China’s Tax Treaties (2017-2022)
Authors: Qiu D.
Published: December 2023

This article examines China’s stance towards the OECD’s “Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting” (the MLI) (2017) regarding the ratification process. It also considers the effects of the MLI on the related provisions in China’s existing tax treaties.
Standards in Tax Reform
Authors: Kosters L.F. , Kommer V. van
Published: December 2023

The article focuses on the steps that should be taken for a successful tax reform. The article identifies and discusses which steps are to be taken during both the legislative process and the implementation process. In the legislative process, three major stages are discussed, i.e. the development of tax policy, a technical analysis and the actual drafting of the legislation. Further attention is paid to creating and maintaining public support for a tax reform, the use of project groups and the involvement of stakeholders in the entire process. Regarding the implementation process, the article pays attention to the design of processes and forms, changes needed to the information technology infrastructure of the tax administration, public awareness raising and training of the tax administration. The article concludes that an evaluation of a tax reform may after some years provide valuable insight into the effectiveness and the success of that reform.
Importance of Human Involvement for Income Characterization as Fees for Technical Services
Authors: Mehta A. (Amar)
Published: December 2023

This article provides an analysis of the Indian case law on services rendered abroad by non-resident service providers to Indian customers. The question is whether such service providers are taxable in India even if no human involvement in India is required. The issue is of particular interest for non-resident enterprises, law firms and academics.
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s mandate to negotiate with the European Parliament on foreign subsidies distorting the internal market.
Tax Classification of Debt and Equity and Recent Jurisprudence in Germany
Authors: Bärsch S-E. , Olbert M.
Published: December 2023

This article considers the relevance of the distinction between interest-generating debt and dividend-generating equity from a German tax perspective and presents an overview of the recent German jurisprudence on that matter.
The Participation of Trusts in Tax Proceedings and Some Ideas on How to Complete Their Integration into the Italian Tax System
Authors: Cannas F.
Published: December 2023

This article addresses the transposition of the legal relationship known as a “trust” into Italy, a civil law system. It analyses how trusts participate in tax proceedings and the extent to which transposition, under the current legal framework, remains incomplete. The fact that it is the trustee rather than the trust that participates in certain proceedings potentially conflicts with the ability-to-pay principle. Finally, the author proposes that trusts should be treated as companies for tax proceeding purposes.
Council
Authors: Morales T.
Published: December 2023

This overview highlights the Council’s (i) adoption of the directive postponing certain time limits laid down in DAC and (ii) conclusions on the state of negotiations and calls to accelerate works for all possible scenarios.
Debt-Financing in the Netherlands – Recent Developments Regarding the Dutch Anti-Base Erosion Rules and the Consequences for Non-Dutch Multinationals
Authors: Schmitz J. , Hogenboom R. , Ruige P.
Published: December 2023

The anti-base erosion rules in the Wet op de vennootschapsbelasting (Corporate Income Tax Law) 1969 are topical in the Netherlands. The Hoge Raad (Supreme Court) has recently issued a decision on these rules. The authors, therefore, highlight the key considerations from a Dutch tax perspective for (foreign-based) multinational groups.
CFE Forum 2016: Rebuilding International Taxation – How To Square the Circle?
Authors: Gerzova L. , Popa O. , Kireta I.
Published: December 2023

In this note, the authors provide a summary of the presentations made at the CFE Forum 2016 held in Brussels on 21 April 2016.
The Evolution of the Dutch APA Practice – Analysis of APAs in the Netherlands
Authors: Lukosz K. , Haastrecht D. van. , Volleberg S.
Published: December 2023

The advance pricing arrangement (APA) landscape in the Netherlands has changed since the 2019 APA decree became effective. The authors examine the developments in the Dutch APA practice, identifying the main trends, risks and opportunities for taxpayers. This article is based on both the information publicly available (e.g. APA summaries and annual reports published by the Dutch Tax and Customs Administration) and the practical experience of the authors in the field of APAs.
Taxation of Derivatives under Temporary Article 67 of Personal Income Tax Law 193
Authors: Ubay B.
Published: December 2023

Income from derivatives is subject to income tax under the Turkish tax system, based on temporary article 67 of Personal Income Tax Law 193. This temporary provision applies between 1 January 2006 and 31 December 2015. Income from derivative transactions is taxed via withholding at different rates based on the taxpayer and the transaction. This ever-growing market attracts many investors, both resident and non-resident individuals and companies. This article explains the current provisions through the use of examples pursuant to Personal Income Tax General Communiqué 282, which was published in the Official Journal in 2012.
The Controlled Foreign Company Rule
Authors: Wiratama A.A.
Published: December 2023

The author critically analyses the need for improvement to the controlled foreign company rule in Indonesia vis-à-vis international best practices.
Financial Transactions: Dutch Guidance versus the OECD Discussion Draft
Authors: Bonekamp M. , Snel F.
Published: December 2023

On 3 July 2018, the OECD published a discussion draft on the transfer pricing of financial transactions. The Discussion Draft is follow-up work from the OECD/G20 BEPS Action Plan, more specifically Actions 8-10, as far as financial transactions are concerned. On 11 May 2018, the Dutch Deputy Minister of Finance published the updated Dutch transfer pricing decree (the 2018 Decree), which also includes guidance on financial transactions. This article compares the guidance on financial transactions in the 2018 Decree to the guidance provided in the Discussion Draft. The article is not intended to be a fully comprehensive overview of all items discussed in the Discussion Draft, but mainly focuses on the overlap with the 2018 Decree.
Economic Adjustment: Capacity Utilization Adjustment
Authors: Bilaney Sunny
Published: December 2023

This article discusses how a difference in the level of capacity utilization impacts the profit margin and when taxpayers should consider making capacity utilization adjustment in their transfer pricing analysis. As there is no authoritative guidance available on this subject, the author looks into various practical approaches that could be used by taxpayers to calculate a capacity utilization adjustment. Finally, the article provides tips for documenting such adjustment in a transfer pricing study report.
Joint AOTCA/CFE Opinion Statement FC 1/2015 on the OECD 2014 Public Discussion Draft on Preventing the Artificial Avoidance of PE Status (BEPS Action 7)
Authors: CFE Fiscal Committee
Published: December 2023

This is an Opinion Statement on the OECD 2014 Public Discussion Draft on Preventing the Artificial Avoidance of PE Status (BEPS Action 7), prepared by the CFE Fiscal Committee and agreed with AOTCA, submitted to the OECD in January 2015.
Danish Implementation of DAC6
Authors: Ramskov B. , Hansen M.B. , Ryan S. , Bech Balle J.N.
Published: December 2023

In this article, the authors review Denmark’s implementation of DAC6, focusing on four particular issues: the Danish method of implementation, the extent to which the rules laid down in Danish law go beyond the framework adopted in DAC6, the types of intermediaries subject to Danish reporting requirements and the imposition of penalties.
The New Italian GAAR in Light of the EU Anti-Tax Avoidance Directive (2016/1164)
Authors: Stevanato D.
Published: December 2023

Article 6 of the EU Anti-Tax Avoidance Directive (2016/1164) (ATAD) establishes common minimum requirements for challenging abuses of law in the field of corporate taxation. Italy, just prior to approving the ATAD, passed a law introducing a general anti-abuse rule in response to national case law and in order to transpose existing EU soft law. This article examines whether the Italian GAAR is actually compliant with the new European minimum standard in respect of anti-abuse.
Judicial Systems: Legal Remedies in the Tax System
Authors: Raj A. , Yong I.
Published: December 2023

The authors provide an introduction to, and describe the administrative phases, courts, appeals, etc. with regard to tax cases.
The Compatibility of the German Taxation of Foreign Private Foundations with EU Law
Authors: Kraft G. , Schulz K.A.
Published: December 2023

In this note the authors examine recent amendments to Sec. 15 of the Foreign Tax Act, which were aimed at addressing issues raised by the Commission in infringement proceedings against Germany. The authors, after outlining the original and revised provisions, conclude that the new provision still conflicts with EU law and make suggestions as to how to make such a provision compliant.
New Law Amends Transfer Pricing Documentation Rules and APA Procedure
Authors: Perrou K.
Published: December 2023

The Greek parliament has amended the Tax Procedure Code to bring the rules regarding transfer pricing documentation and APA procedures in line with international standards.
Thoughts on the Potential Effects of the OECD/G20 BEPS Action Plan on Collective Investment Vehicles – Part I
Authors: Scherleitner M.
Published: December 2023

In Part I of this article, the author sets out his thoughts on the potential effects for Collective Investment Vehicles of the relevant Actions in the OECD/G20 Base Erosion and Profit Shifting Action Plan.
OECD Actions To Counter Tax Evasion and Tax Avoidance (2013): Base Erosion and Profit Shifting and the Proposed Action Plan, Aggressive Tax Planning Based on After-Tax Hedging and Automatic Exchange of Information as the New Standard
Authors: Cracea A.
Published: December 2023

In this article, the author provides an overview of the reports issued by the OECD in the first part of 2013 addressing tax avoidance and tax evasion. The OECD has joined forces with the G20 to combat base erosion and profit shifting and has made significant progress in setting automatic exchange of information as the new standard.
Technology-Enabled Tax Compliance
Authors: Kuijper B. , Cameron T. , Szatmari Z.
Published: December 2023

This article describes many of the technologies that enable both direct and indirect tax compliance, the recent landmark regulatory events that drive them, and the considerations that tax professionals should take into account before they adopt them.
Is That A Tax-Transparent Fund I See? On the Perks of Being a Fund Investor in Luxembourg, France and the United Kingdom
Authors: Domina-Repiquet M.
Published: December 2023

This article analyses a tax-transparent limited partnership model for structuring alternative investment funds in Luxembourg, France and the United Kingdom. The objective of this comparative study is to assess the modifications introduced by the recent reforms in these jurisdictions and reflect upon their competitiveness in the post-Brexit period.
The Taxation and Regulation of Exchange-Traded Funds
Authors: Nelkon N. , Kirby A.
Published: December 2023

While exchange-traded funds are sometimes treated like mutual funds for regulation and taxation purposes, there can also be significant differences. That potential for ambiguity is the subject of this article.
Location Savings
Authors: Pawar B. , Udeshi S.
Published: December 2023

In this article, the authors describe the international concept of
location savings, the positions taken by the Indian tax administration, as well
as a relevant Indian court ruling on this subject.
The Concept of Final Losses under EU Law and Its Scope of Application
Authors: Kollruss T.
Published: December 2023

In the context of the recent ECJ decision in W AG (Case C-538/20), this article examines whether the ECJ has possibly, de facto, abandoned the legal concept of final losses or whether it wants to see it continue to be applied as a restrictive ultima ratio exception (based on its long line of case law) in accordance with the principle of proportionality. In this respect, the ECJ’s line of case law will be analysed, including the recent decision in W AG on final losses from permanent establishments exempt under a tax treaty.
Courtroom Issues from the Taxpayer’s Perspective
Authors: Pagone G.T. , Davies J. (Jennifer)
Published: December 2023

This article considers the various issues relating to the appearance of taxpayers before tax courts in Australia.
Taxation of Cloud Computing in Brazil: Legal and Judicial Uncertainties
Authors: Piscitelli T. , Canen D.
Published: December 2023

In this article, the authors examine the legal and judicial scenario regarding taxation of cloud computing in Brazil, emphasizing disputes concerning taxation at the federal, state and municipal levels, as well as general legal uncertainty arising from these disputes.
Russian Approach to Withholding Taxation of Payments under Finance Leases
Authors: Chitaya R.
Published: December 2023

The author, in this note, discusses the recent Russian Supreme Court decision in Coiltubing Service (A33-5439/2019), which addressed the taxation, at source, of payments under international finance leases. The Supreme Court’s decision is noteworthy, as it formulates a fundamental approach to the application of tax treaty provisions.