bluuebunny/crossref_metadata_2025 huggingface dataset:
A Comparative Study of Cost Contribution Arrangements: Is Active Involvement Required To Share in the Benefits of Jointly Developed Intangible Property?
Authors: Okten Rezan
Published: December 2023

Although there are transfer pricing guidelines and rules on cost contribution arrangements, views differ on the extent to which active involvement should be regarded as a prerequisite for the underlying cost contribution arrangement under the arm’s length principle. This article addresses the issue of active involvement and whether it should be a prerequisite for sharing in the benefits derived from joint intangible developments through a cost contribution arrangement or cost-sharing arrangement. The article explores how the arm’s length principle has been interpreted in the Dutch Decree on Cost Contribution Arrangements, and whether this interpretation differs from that of the OECD Transfer Pricing Guidelines, the relevant ATO Taxation Ruling and the IRS Final Regulations.
Country-by-Country Reporting
Authors: Rasch S. , Mank K. , Tomson S.
Published: December 2023

The authors discuss developments regarding country-by-country reporting in Germany and various countries around the world. Recommendations are also offered for implementing country-by-country reporting into a taxpayer’s documentation approach.
Structuring investments into Laos
Authors: Sphabmixay S.
Published: December 2023

Following in the wake of its more developed neighbours, Laos has seen
some measures and changes to improve its investor climate. The author provides
an overview on the corporate tax structure and prevailing investment
environment in Laos.
South African Tax Court Departs from Commentary on Article 5 of the OECD Model in Finding a Permanent Establishment
Authors: Mazansky E.
Published: December 2023

In this article, the author considers a recent decision of the South African Tax Court, which might be considered controversial in some quarters, concerning whether or not a US company had a permanent establishment in South Africa.
Ruling in Marubeni Case on Benchmarking and Determining Arm’s Length Consideration for the International Provision of Agency and Marketing Support Services
Authors: Patel V.T. , Visharia K.P.
Published: December 2023

The authors analyse the Marubeni case concerning a typical business model and its nuances for benchmarking the international transaction of provision of agency and marketing support services, as well as the Court’s determination as to whether the consideration for such services was at arm’s length under the Income Tax Act, 1961.
Lump-Sum Taxation – Update
Authors: Suter R. , Poletti M.
Published: December 2023

This note provides an update on the conditions for applying for lump-sum taxation in Switzerland. The authors examine the tests for differentiating between qualifying and non-qualifying activities and determining the tax base when several properties are owned or rented by the lump-sum taxpayer in Switzerland. In addition, the latest developments regarding international administrative assistance are outlined, focusing on the potential implications of a foreign tax authority questioning the Swiss residency of the lump-sum taxpayer.
The (Non-)Deductibility of Currency Losses
Authors: Meussen G.T.K.
Published: December 2023

The author, in this note, discusses the ECJ’s decision in X AB (Case C-686/13), which addresses the non-deductibility of currency losses.
Direct Taxation of Electronic Commerce in Spain
Authors: Delgado García A. , Oliver Cuello R.
Published: December 2023

The most important tax issues relating to electronic commerce concern international taxation. In the direct taxation area these include the determination of the residence of the taxpayers involved, the controversial application of the permanent establishment concept, and the classification of the income obtained. This article addresses these issues as a follow-up to an article on indirect taxation and electronic commerce published in the April 2011 issue of European Taxation.
VAT in the East African Community
Authors: Khadka R.
Published: December 2023

The five partner states of the East African Community had the ambition
to form a common market, a monetary union and even a political federation
within a limited number of years, but they may have underestimated the
consequences of forming a common market for VAT purposes. In this article, the
author describes the VAT rules of the partner states applicable to cross-border
transactions and the amendments that are necessary to abolish the internal VAT
borders.
US Tax Reform and Its Global Impact – Editorial
Authors: Bal A. , Hammer M.
Published: December 2023

In this editorial, the authors comment on the proposed US tax reform measures and provide background to this Special Issue of the Bulletin for International Taxation.
Joint and several liability relating to intra-Community
acquisitions
Authors: Lejeune I , Kotanidis S. , Cortvriend E.
Published: December 2023

In this article, the authors analyse the European Commission's
proposal for measures aimed at combating tax evasion linked to the importation
of goods and other cross-border transactions. Part of those proposed measures
is a drastic extension of the power of the tax authorities to hold suppliers of
goods jointly and severally liable for payment of VAT relating to the
subsequent intra-Community acquisitions. The authors specifically discuss the
conditions under which the supplier liability is proposed to apply and argue
that adoption of the proposed measures would seriously undermine the VAT
system.
Conversion of Supplies under EU VAT Law
Authors: Corput W. van der
Published: December 2023

Eight years after it introduced its remarkable approach of “conversion of supplies”, the Court of Justice of the European Union (ECJ) changed course again. However, the former approach of deviating from reality has already taken root and will form part of the European Commission’s proposal on the VAT treatment of vouchers. The approach even plays a role in one of the cases currently pending before the ECJ. In this article, the author discusses the state of affairs.
Citizenship and Taxation in France
Authors: Kallergis A.
Published: December 2023

This article discusses the Andorra-France Income Tax Treaty (2013), which includes a specific clause to tackle the effects of “tax exile”, potentially paving the way for citizen-based taxation in the future.
Tax Treaties: Past, Present and Future
Authors: Chen J. (Jingxian)
Published: December 2023

The author reviews the development of China’s tax treaty over the past 40 years from the perspective of the reform and opening up policy. The author examines lessons from the past, and rethinking the shortcomings of the treaty network, predicts future trends.
Tax Treaty
News
Authors: Arnold B.J.
Published: December 2023

This "Tax Treaty News" reviews a number of recent tax cases from the
United Kingdom, Norway, Canada and Denmark, involving hybrid entities and tax
avoidance, commissionaire arrangements and permanent establishments, the
principles of non-discrimination and habitual abode, and the concept of
beneficial ownership, respectively.
Seismic Survey Vessel Constitutes a Permanent Establishment
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note reviews the ruling issued by the Authority for Advance Rulings to SeaBird Exploration FZ LLC, which determined that the applicant’s seismic survey activities conducted from its vessels operating in Indian territorial waters constituted a fixed place permanent establishment in India under article 5(1) of the India-United Arab Emirates Income Tax Treaty (1992).
Pension Funds – EU VAT Aspects
Authors: Zutt J. , Tetteroo N. , Breimer B.
Published: December 2023

The VAT position of pension funds varies from Member State to Member State. Differences not only concern the VAT treatment of the management of the funds, but also the extent to which pension funds or the sponsoring employers are able to recover VAT on costs associated with the operation of the funds. In this article, the authors discuss some of the differences in the VAT treatment of pension funds between the Member States of the European Union and explore the likelihood of harmonization in the near future.
A Further Step for VAT Reforms
Authors: Law P.
Published: December 2023

On 24 May 2013, Caishui [2013] No. 37 was jointly issued by the Ministry of Finance and State Administration of Taxation. This marks a new phase in the implementation of the value added tax reform in China. This article discusses the implications of this new phase of reform for taxpayers.
Fourth Issues Note:
Sting in the Tail
Authors: Bakker A.J. , Cottani G.
Published: December 2023

On 19 September 2008, the OECD released its Discussion Draft on
Transfer Pricing Aspects of Business Restructurings, which consists of four
Issues Notes. This article considers Issues Note 4, discussing the meaning of
various terms and definitions, and analysing questions such as whether Paras.
1.36 to 1.41 of the OECD Guidelines may be used by tax authorities for the
non-recognition of transactions for purposes of making transfer pricing
adjustments covered by Art. 9 of the OECD Model; which guidance is provided by
the OECD in interpreting these paragraphs of the OECD Guidelines; and which
issues might arise when these paragraphs are applied. Specific attention is
paid to the link between domestic anti-avoidance rules and the OECD Model, and
how certain countries might use domestic anti-avoidance rules with regard to
business restructurings.
The EU-US
(“Brussels”) Agreement on European Banking Secrecy and the Effect on Tax
Information Exchange Agreements
Authors: Anamourlis T. , Nethercott L.
Published: December 2023

This article examines recent OECD reports on the issue of fiscal
leakage and tax havens. It also considers the recent Brussels agreement, which
focuses on the exchange of information between the United States and the
European Union and the issue of banking secrecy.
Remuneration of Intra-Group Services: One Size Fits All?
Authors: Bonekamp M. , Berry D. , Konings B.
Published: December 2023

This article deals with the developments regarding the appropriate
remuneration method for intra-group services, specifically with the issue
whether cost-based methods are the most appropriate method of
remuneration.
The Devil Is in the Detail: An Analysis of the ECJ’s Attributes to the Fixed Establishment Concept
Authors: Tsielepis A.
Published: December 2023

There is a lack of harmonized guidance concerning the definition of “fixed establishment” for VAT purposes. As a result, this important concept is being interpreted differently across EU Member States, causing both commercial uncertainty and situations resulting in double or non-taxation. In this article, the author examines the definition of the fixed establishment arising from EU legislation and ECJ judgments.
Double Taxation and the EU Fundamental Freedoms: Advocate General Mengozzi’s Opinion in Austria v. Germany (Case C-648/15)
Authors: Dorigo S.
Published: December 2023

This article discusses Advocate General Mengozzi’s Opinion in Austria v. Germany (Case C-648/15), which addresses article 273 of the Treaty on the Functioning of the European Union in the context of the interpretation of article 11 of the Austria-Germany Income and Capital Tax Treaty (2000).
A New Era in Determining Arm’s Length Compensation for Intangibles? A Comparative Overview of Existing and Possible Future Transfer Pricing Principles
Authors: Helderman L. , Sporken E. , Okten R. , Kanter M.
Published: December 2023

The authors compare current transfer pricing principles and possible future OECD-based transfer pricing principles as set out in the 2012 OECD Discussion Draft on intangibles; consider the positions taken by the US and Dutch tax authorities as regards arm’s length consideration related to intangibles; and analyse court cases from various jurisdictions in order to illustrate third-party behaviour in the area of intangibles.
An Evaluation of Excise Duties in the SAARC Member States
Authors: Khadka R.B.
Published: December 2023

All the member states of the South Asian Association for Regional Cooperation (SAARC), except Afghanistan and the Maldives, levy excise duties. Their scope, however, varies considerably among the member states, as do the policy considerations, implementation and practice. This article provides an overview of the evolution of excise duties in the region, the structure of such duties, and the implications arising from a federal regime.
Chilean Transfer Pricing Regime and Implementation of BEPS Actions 8-10, 12 and 13 Recommendations
Authors: Valdivieso P. , Macías M.
Published: December 2023

Steps have been taken in Chile to implement the recommendations contained in the Final Reports on Actions 8-10, 12 and 13 as part of the OECD BEPS Project.
The German Trade Tax in Inbound Cases
Authors: Weiss M.
Published: December 2023

This article describes the German Trade Tax Act and its impact on investment into Germany. Recent developments have highlighted the importance of this issue. The German corporate tax burden, at 15%, is quite low but trade tax can easily add a 15%-18% tax burden on investment returns. In inbound cases, a German domestic permanent establishment is typically avoided. In particular, in situations in which foreign taxpayers rent out or lease real estate in Germany, trade tax has become a significant burden. In some instances, a trade-off with the ability to rollover capital gains may have to be made.
IRS Delays, Clarifies and Adds to FATCA Requirements
Authors: Carman P.
Published: December 2023

This article deals with two Notices published by the US IRS in 2011 amending US withholding rules for US-source payments by non-US entities in 2011. The Notices provide more details on what requirements non-US entities should expect in view of payments from US sources and amended the dates of enforcement of different withholding rules.
Transfer
Pricing Documentation Requirements Likely To Come into Force as from 1 January
2010
Authors: Douvier P-J. , Daluzeau X.
Published: December 2023

Large enterprises established in France are likely to be required to
document the transfer pricing policy applied to their transactions realized as
from 1 January 2010. The tax authorities submitted for comments a third draft
of legislation in April 2009 which could be included in a package with new
regulations regarding tax havens. This article describes the main features of
the draft legislation and addresses certain issues that it already
raises.
Finance Act 2011
Authors: Roxburgh D.
Published: December 2023

This note deals with the Finance Act 2011, which became law on 19 July 2011 and substantially enacted the clauses in the Finance (No. 3) Bill 2011, many of which had already been the subject of consultation. The note covers in detail those provisions that are of most relevance and importance for tax practitioners and gives section references for the provisions whether within or outside the scope of the note.
Combating Carousel Fraud: The General Reverse Charge VAT
Authors: Brederode R.F. van , Pfeiffer S.
Published: December 2023

Fraud schemes, generally, exploit the application of the zero rate to cross-border trade. Most proposals try to tackle fraud by either taxing the transactions or securing payment. In this article, the authors take an opposite approach and describe a general reverse charge as a means to remove the incentive for VAT fraud.
Corporate Loss Utilization through Aggressive Tax Planning
Authors: Perrou K.
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 Greece.
Consolidated Groups of Taxpayers: A New Concept in Russian Tax Law
Authors: Variychuk E.
Published: December 2023

Recently, Russian legislators introduced a consolidated tax group regime. This article considers the new Russian law on consolidated groups of taxpayers, which will enter into force together with the law on transfer pricing on 1 January 2012. In this regard, the author outlines the key provisions of the new law.
The New “Google Tax”: The “Beginning of the End” for Tax Residence as a Connecting Factor for Tax Jurisdiction?
Authors: Cerioni L.
Published: December 2023

The author, in this article, analyses the recently announced UK diverted profit tax and the potential issues that may arise in connection with its introduction, comparing it to the destination-based corporate tax that is increasingly being proposed in the literature.
Vodafone or Idea: Battle for the Taxes
Authors: Jhabakh P.R.K.
Published: December 2023

This article analyses the recent judgment of the High Court of Judicature at Bombay (the High Court) in the case of Aditya Birla Nuvo Limited and Others, the core issue was whether any income chargeable to tax in India accrued or arose, or is deemed to have accrued or arisen in India to a US company upon the sale of shares held by or of a “permitted transferee” of another US company.
Transfer Pricing Regulations Effective 1 July 2011
Authors: Namubiru P.
Published: December 2023

In June 2011, under the powers given to the Minister of Finance in section 164 of the Income Tax Act, Cap 340, The Income Tax (Transfer Pricing) Regulations 2011, were effected by statutory instrument and took effect from 1 July 2011.
Mining Taxation in Zambia: An Evaluation of the Variable Profit Tax
Authors: Munyandi K.
Published: December 2023

This article evaluates the Zambian variable profit tax system on the basis of the core taxation principles of equity, effectiveness and fiscal neutrality. It seeks to establish the adequacy and appropriateness of the regime in satisfying these taxation principles.
Taxation of Various Crowdfunding Alternatives
Authors: Tell M. , Bonde Jensen S.
Published: December 2023

The authors discuss various crowdfunding alternatives in Denmark and the tax treatment thereof. Also considered are existing obstacles to crowdfunding and anticipated actions that may minimize or remove such obstacles.
Appeals in Tax Cases
in the United Kingdom
Authors: Cleave Brian
Published: December 2023

The author, in this article, which has been written
primarily for a non-British audience, describes the background to the system of
appeals against the actions of the UK tax authorities relating to taxes on
income and capital gains, including applications for judicial review and the
effect of the rule of stare decisis, the changes taking
place in 2009, and the reporting and citation of court decisions in the United
Kingdom.
The Eighty Years' War, the Spanish Tax Lease System and Other Netherlands/Spanish Sea and Field Battles
Authors: Sprundel D.E. van
Published: December 2023

The author, in this article, discusses State aid in the context of the Spanish Tax Lease regime; a similar Netherlands tax structure that combined temporary random depreciation, a tonnage tax regime and what is referred to as the Netherlands shipping CV; as well as the Spanish Tax Lease 2 (STL2), developed in response to Commission actions taken against the original regime.
Reflections on the OECD’s Non-CIV Fund Examples
Authors: Kuijk F. van , Haarsma M.
Published: December 2023

This article considers and comments on three examples which are included in the OECD Discussion Draft on the tax treaty entitlement of non-CIV funds published on 6 January 2017.
Casenote – Ruling on a Transparent Entity’s Eligibility To Claim Tax Treaty Benefits
Authors: Susarla K.
Published: December 2023

The Income Tax Appellate Tribunal recently ruled that even though an entity is fiscally transparent for tax purposes, it is still eligible to claim the benefits under the India–United Kingdom Tax Treaty. Additionally, the judgment provides guidance on the “force of attraction” principle enshrined in India’s tax treaties and its interpretation under India’s domestic tax law.
Interest and Royalties Directive (2003/49): Court of Appeal Denies
Withholding Tax Refund on Interest Due to Lack of Attestation at Time of
Payment
Authors: Mortier Frank
Published: December 2023

In this note, the author comments on a decision of the Court of Appeal
of Ghent of 18 March 2014 concerning the application of the Interest and
Royalties Directive (2003/49) and the consequences of not adhering to the
required Belgian formalities at the time of payment.
Discriminatory Inheritance Taxation of Non-Residents in Spain: Possible
Solutions
Authors: Ribes Ribes A.
Published: December 2023

This article outlines the discriminatory inheritance tax treatment of
non-residents in Spain in comparison to residents in comparable circumstances.
The author questions the compatibility of the Spanish legislation applicable to
non-resident taxpayers with EU law and proposes a solution that would involve
granting a “right of option” for residents of other Member States and the use
of inheritance tax treaties in regard to residents of non-Member
States.
Nigeria’s International Tax Policy with Particular Focus on the Allocation of Taxing Rights
Authors: Emedosi C.J.
Published: December 2023

This article examines Nigeria’s international tax policy choice and its implications by scrutinizing Nigeria’s tax treaties and National Tax Policy statements. It concludes that Nigeria’s international tax policy tends towards capital export neutrality. Consequently, Nigeria is losing significant amounts of tax revenue and should change its policy choice.
New Decree on Transfer Pricing Documentation
Authors: László C. , Gódor M.
Published: December 2023

The Ministry of Finance has issued a new transfer pricing decree, effective 1 January 2010, regarding the content of transfer pricing documentation and related formal requirements. The underlying motivation behind this change is an effort to harmonize with and adopt the Code of Conduct on transfer pricing documentation for associated enterprises in the European Union.
The Revised German Anti-Treaty Shopping Provisions – A Critical Review
Authors: Kempf A. , Moesle E.
Published: December 2023

In this article, the authors examine the recently revised German anti-treaty shopping provisions from a practical point of view, with particular emphasis on whether the new legislation is “proportionate” from an EU and a national perspective and whether it breaches international law.
An Investor’s Guide to the Regulatory and Tax Framework for S-REITs
Authors: Tan A. , Choo J. , Tan J.
Published: December 2023

This article sets out a brief background of the investor-friendly regulatory regime forSingapore Exchange-listed REITs, as well as a general guide to the tax treatment of S-REITs from the perspectives of both the S-REIT and the S-REIT’s investors. A fleeting glimpse into the future for S-REITs is also provided.
The Construction Permanent Establishment under Serbian Domestic and Tax Treaty Law
Authors: Ilić-Popov G. , Kostić S.V.
Published: December 2023

This article addresses the construction PE definition under Serbian domestic law and the 49 tax treaties currently applied by Serbia. Through a comparison of both legal instruments, the authors attempt to determine the criterion for subjecting construction activities of non-residents to Serbian tax jurisdiction, placing particular attention on practical issues facing both taxpayers and the Serbian tax authorities in applying domestic law, as well as tax treaty construction PE norms.
Why Doesn’t the United States Use a VAT for Deficit Reduction? Political
Impediments and Fiscal Coordination Issues
Authors: McLure C.E. , Merrill P.
Published: December 2023

In this article, the authors explain why the United States should
consider introduction of a VAT to reduce its deficit, describe political
impediments to enactment of a VAT, and consider fiscal coordination issues,
examining the various VAT options available to the United States.
Tax Havens
“Coming in from the Cold”: A Sign of Changing Times?
Authors: Sawyer A.J.
Published: December 2023

As at 30 June 2010, more than 360 tax information exchange agreements
(TIEAs) had been negotiated on the basis of the OECD Model Agreement on the
Exchange of Information on Tax Matters. This article considers New Zealand as a
case study, reviews the UBS settlement and other developments regarding
Switzerland, and investigates if TIEAs represent genuine change.
Taxation of Remuneration from Employment aboard a Ship or Aircraft Operated in International Traffic: Interpretation Issues under Article 15(3) of the OECD Model
Authors: De Broe L. , Luts J.
Published: December 2023

In this article, the authors consider the interpretation of article 15(3) of the OECD Model regarding the taxation of remuneration from employment aboard a ship or aircraft operated in international traffic as well as the effects of the changes proposed in the OECD Discussion Draft of 2013.
Clash of Rules: Thin Capitalization and Transfer Pricing
Authors: Joseph A.
Published: December 2023

This article considers the interaction of thin capitalization rules and transfer pricing rules in Australia, including the current position of the Australian Taxation Office. The potential impact of income tax treaties is also examined.
Copyright Law and Taxation of Software
Authors: Rajgopalan G.
Published: December 2023

This article comprehensively examines the taxation of payments for software in the light of recent developments in legislation and judicial rulings in India. The author considers specific aspects of copyright law in India, the United Kingdom and the United States, and India’s international copyright treaty obligations, and how they impact upon the characterization of payments for software as royalties under India’s domestic law and tax treaties.
GATCA: A 2018 Update to the Globalization of Anti-Tax Evasion Frameworks
Authors: McGill R.
Published: December 2023

In his 2016 article,
R. McGill, GATCA: The Globalization of Anti-Tax Evasion Frameworks, 18 Derivs. & Fin. Instrums. 3 (2016), Journals IBFD.
the author set the scene for Global Account Tax Compliance Activities (GATCA). These compliance activities share many common elements, foremost amongst which is their purpose: the global fight against tax evasion. However, while they share a general purpose, the methodology by which these frameworks are implemented varies according to the framework, and also the jurisdiction that is implementing them.
Changes in Transfer Pricing Regulations
Authors: Strachuk V.
Published: December 2023

This article analyses the changes in the transfer pricing regulations in Belarus which are in effect from 1 January 2016.
Tax Treaty News – The United Nations: Recent Tax Developments
Authors: Arnold B.
Published: December 2023

In this Tax Treaty News, Brian Arnold provides his personal opinions and comments on important recent developments regarding the United Nations and tax treaties.
Corporate Tax Law Amendments
Authors: Tzenova L.
Published: December 2023

This note summarizes recent changes to the Bulgarian Income Tax Act
that became effective 1 January 2014.
Addressing Hybrid PE Mismatches: The Guidance of the Code of Conduct Group
Authors: Gil García E.
Published: December 2023

This note addresses hybrid permanent establishment (PE) mismatches involving third countries. The author examines the McDonald’s case, an example of a hybrid PE scenario, in the context of recent guidance approved by the Code of Conduct Group.
Status of the Implementation of the OECD/G20 BEPS Initiative in China and Future Developments
Authors: Li N.
Published: December 2023

The author, in this article, describes the status of the OECD/G20 Base Erosion and Profit Shifting initiative in China as at the end of 2016 and attempts to predict the further actions that China may take to continue the implementation of the initiative in the future.
Tax Policy Trends in Africa – Commentary on the Major Tax Developments in 2013 and 2014
Authors: Munyandi K. , Hamzaoui R. , Gutiérrez Puente C. , Ogazón L. , Marinho A. Trindade , Montes M. , Naoum M. , Muyaa E.
Published: December 2023

The authors, in this article, comment on the most significant tax policy trends and developments that occurred in Africa in 2013 and 2014, together with providing an analysis, both theoretically and globally, of the relevant tax changes. The article also considers potential future tax policy developments in Africa.
Safe Harbour Rules: Are They Really Safe from a Taxpayer Perspective?
Authors: Bhatnagar V.
Published: December 2023

Indian taxpayers hoped that the safe harbour rules in India would bring a reduction in the documentation burden, as well as the burden of drawn-out litigation. The author considers whether these hopes are realized from a taxpayer perspective, and discusses a way forward from the current state of affairs.
Recent Measures to Counter Hybrid Mismatch Arrangements at the EU Level
Authors: Popa O.
Published: December 2023

This note describes recent measures to counter hybrid mismatch arrangements at the EU level. After summarizing the OECD’s work regarding hybrid mismatch arrangements, the note discusses the provision on hybrid mismatch arrangements in ATAD 1, as well as the operative rules in ATAD 2, including examples of their application.
Transfer Pricing Aspects of Business Restructurings
Authors: Butler M. , Pengelly J.
Published: December 2023

Business restructurings are increasingly common amongst multinational
companies but due to the effect such restructurings can have on a company’s
taxability, tax authorities have increased their scrutiny of such events. The
authors provide an overview of the situation in Australia.
The European Fiscal Support Plan in Response to COVID-19 (the Black Swan of European GDP): State Aid and Indirect Tax Measures
Authors: Lanotte A.
Published: December 2023

In this article, the author examines two areas of fiscal policy in response to the COVID-19 crisis: State aid measures and indirect taxation. The author comments on the sufficiency of these measures and next steps that can and should be taken. Finally, the author looks at how developments in respect of digital technology can impact our response to the crisis.
Tax Treaty News
Authors: Arnold B. J.
Published: December 2023

In this "Tax Treaty News", the author gives his views on two recent OECD publications regarding beneficial ownership and the trading of emissions permits in respect of tax treaties, as well as commenting on US and Australian cases involving, respectively, the taxation of gambling winnings and transfer pricing.
The Spanish Transfer Pricing Regime and the OECD/G20 Base Erosion and Profit Shifting Project
Authors: Calderón Carrero J.M.
Published: December 2023

This article provides an overview of the Spanish transfer pricing regime with an especial focus on the effects and implications for this regime of the OECD/G20 Base Erosion and Profit Shifting Project.
Transfer Pricing of Intra-Group Cash-Pooling Arrangements Through the Lens of Business and Economic Reality
Authors: Łukosz K. , Ursu A. , Druga M.
Published: December 2023

This article provides a business perspective on the transfer pricing of intra-group cash-pooling arrangements, in particular with regard to the commercial rationality of the parties’ conduct and assessing the options realistically available. The authors describe a series of business-driven analyses focused on liquidity, which can be used to examine the commercial rationale of keeping liquidity cash positions in the group cash pool system by individual subsidiaries. This article also explains the importance of maintaining a healthy liquidity position from the general corporate finance theory perspective and provides market evidence behind the healthy levels of current ratios among a number of companies across variety of economic sectors.
The Tax liability of public bodies under EU VAT
Authors: Swinkels J.J.P.
Published: December 2023

Public bodies have a special position under the VAT system of the
European Union and that position has been the subject of a large number of
judgments of the Court of Justice of the European Communities. The author
discusses the VAT liability of public bodies and, in particular, the aspect of
distortions of competition that may arise from treating public bodies as
non-taxable persons for VAT purposes.
Major Transfer Pricing Documentation Guidance Issued by United Kingdom
Authors: Green G.
Published: December 2023

Extensive transfer pricing documentation guidance has been released by the UK tax authority, clarifying many matters hitherto unspecified by them. These include (i) the introduction of a materiality threshold for documentation; (ii) guidance on the extent to which aggregation of transactions is acceptable; and (iii) the obligation to update data on comparables every year. Although submitting a Master file and Local File is only compulsory for the largest groups, the guidance states a strong expectation that all taxpayers should use this format in the future.
Valuation of Business Restructurings in Germany – Part I: Economic Life of Businesses
Authors: Riedl A. , Stechmann T.
Published: December 2023

For multinational enterprises seeking to engage in business restructuring in Germany, a lack of national legislation and inconsistent regulations are causing problems, including high exit charges and the risk of double taxation. The German tax legislation assumes an indefinite time frame of capitalization for the valuation of business restructurings, unless reasons can be provided for a definite useful life. Empirical evidence shows that there are prudent reasons why business restructurings should not be started from the premise of an indefinite capitalization period for the valuation of a transfer package, especially for whole business units. Most companies do not reach the mature age that would justify a projection of future cash flows into perpetuity. Moreover, research shows that the cumulated probability of default of a company behaves like a negative growth rate for the expected cash flows. Therefore, it is very likely that business restructuring transactions are overvalued, which results in a higher tax burden for the transferring entity, and the risk of double taxation increases.
CFE Input on Extending EU DAC to Cryptocurrencies and E-Money
Authors: Confédération Fiscale Européenne Tax Technology Committee
Published: December 2023

This Opinion Statement, submitted to the EU Commission Platform for Tax Good Governance on 11 January 2021, provides the CFE’s input on the questions of the EU Platform for Good Governance on Extending the EU Mutual Assistance Directive (2011/16) (DAC) Council Directive 2011/16/EU of 15 February 2011 on Administrative Cooperation in the Field of Taxation and Repealing Directive 77/799/EEC, OJ L 64 (2011), Primary Sources IBFD. to include cryptoassets and e-money.
French Tax News for 2019: Game-Changing Developments Regarding the Taxpayer/Tax Administration Relationship
Authors: Mallaret A.
Published: December 2023

This note presents an overview of the tax bills for 2019. Although numerous important measures impacting both businesses and individuals were enacted, what is critical is certain measures that bring about an entirely new relationship between the tax administration and taxpayers. In particular, new measures strengthen the tools to fight tax evasion and tax fraud and provide for the automatic filing of a criminal complaint in respect of serious tax fraud.
The Road Home? Finalizing and Implementing the BEPS Agenda
Authors: Cooper G.S. , Stewart M.
Published: December 2023

In this Editorial, the authors explain the context of this Special Issue of the Bulletin for International Taxation.
Council
Authors: Valério C. , Xygka A.
Published: December 2023

This overview highlights the Council’s discussion on progress in tax matters during the Swedish presidency and agreement on country-specific recommendations.
OECD Multilateral Convention to Prevent BEPS: Implementation Guide and Initial Thoughts
Authors: Silberztein C. , Granel B. , Tristram J.-B.
Published: December 2023

The final version of the OECD Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) was published at the end of November 2016, and the signing ceremony took place in Paris on 7 June 2017, during which 67 countries covering 68 jurisdictions signed the instrument. Cameroon and Mauritius joined the initial signatories on early July 2017.In this article, the authors provide a general description of the MLI, discuss the step plan to analyse whether a given tax treaty provision will be impacted by the instrument and offer some personal concluding remarks.
Double Taxation with Regard to German Inheritance and Gift Tax
Authors: Linseis P.
Published: December 2023

This article provides a comprehensive analysis of double taxation in the field of German inheritance and gift tax. It closes a gap in the literature, as most double taxation scholarship centres on income tax. The article examines the phenomena of double taxation from a legal, as well as economic, perspective. After surveying international literature in this area, the article describes how double taxation in the field of inheritance and gift tax is avoided in Germany unilaterally by crediting foreign inheritance and gift tax against German tax liabilities. Finally, the article comments on the Germany-United States Inheritance and Gift Tax Treaty (1980). The conclusion of the article is that the avoidance of double taxation is inconsistent, causing different taxation results in comparable cases, which conflicts with the principle of equality.
The Miraculous Reduced Input Tax Credit for Financial Supplies in Australia
Authors: Walpole M.
Published: December 2023

As in other jurisdictions, one of the key exemptions in Australia targets financial supplies. In this article, the author explains how Australia has narrowed the scope of the exemption for financial supplies and miraculously gives some businesses making financial supplies the right to deduct part of their input tax. He explains the complexities of Australia’s financial-supply rules, and discusses recent judicial decisions on this topic.
Crowdfunding in Scandinavia
Authors: Bærentzen S.H.
Published: December 2023

In this article, the author explores the relatively new but rapidly growing phenomenon of crowdfunding in Scandinavia and, in particular, related developments and regulations in Denmark.
Spanish Real Estate Investment by Non-Resident Individuals: The Relationship between Spanish Wealth Tax and Tax Treaties in the Opinion of the High Court of Justice of the Balearics
Authors: Sánchez de Castro Martín-Luengo E.
Published: December 2023

In this article, the author addresses the judgment of the High Court of Justice of the Balearics of 3 December 2020, in which investments in Spanish real estate assets made through non-resident companies by foreign individuals were held to be not liable to Spanish wealth tax.
Evaluation of the Innovation Box
Authors: Oosterhoff D. , Nies B. de
Published: December 2023

The innovation box has been beneficial for Dutch companies that invest in IP, but requires modification due to its status as a preferential regime following recommendations in Action 5 of the OECD BEPS project.
Commission
Authors: Alvarado M.
Published: December 2023

This overview highlights the Commission’s draft legal agreement for the future EU-UK partnership, the adopted State aid temporary framework, the paper on the cash accounting scheme, the report on excise duty on tobacco products and surveys on the VAT data reporting obligation by payment service providers, as well as on tax policies within the European Union.
“Abuse” of EU Holding Companies: Fundamental Freedoms, EC
Parent-Subsidiary Directive and the French Constitution – Part1
Authors: Picq Emmanuel
Published: December 2023

Based on a real-life case study, this article
examines the anti-abuse measure in Article 1(2) of the EC Parent-Subsidiary
Directive (allowing for the application of domestic anti-abuse measures) in
light of holding companies. In particular, the author looks at the French
anti-abuse measure, compares it to similar measures of other states, discusses
its compatibility with EC law and analyses it in light of the French
Constitution. The discussion should be of particular interest for third-country
groups, even those without participations in French companies.
Reducing the VAT Gap – Polish Experience and Legislative Measures Introduced in Years 2016-2018
Authors: Sarnowski J. , Selera P.
Published: December 2023

Over the past 10 years we have witnessed a sharp increase followed by a significant drop of Poland’s VAT gap. In this article, the authors discuss the numerous legislative efforts undertaken by Poland during the period 2016-2018 which have led to this positive outcome.
Consumption Taxes – GST, the Way Forward
Authors: Ahmad H. , Mat Saad N.H.
Published: December 2023

The authors provide a succinct overview of the proposed goods and services tax regime including its key features and challenges.
Parliament
Authors: Valério C,
Published: December 2023

This overview highlights the Parliament’s (i) debate on proposed directive to prevent misuse of shell companies; (ii) discussion of Irish tax policy with tax experts; and (iii) rejection of three green transition legislative initiatives
The Controversial Application of the ne bis in idem Rule by the European Court of Human Rights in Respect of Tax Penalties
Authors: Bahçeci B. , Ovalıoğlu S.
Published: December 2023

In this article, the authors analyse the ne bis in idem rule, in particular, the extent to which administrative sanctions are included within the scope of the rule and how a close connection between administrative and criminal proceedings arising out of the same set of facts can be established. Further, they comment on the manner in which the rule has been applied by the ECtHR in the context of tax penalties and the various issues that have arisen in this context.
Netherlands Cooperatives as Intermediate Holding Companies in International Investment Structures
Authors: Hurk H. van den , Nillesen J.
Published: December 2023

In this article, the authors focus on the use of a Netherlands cooperative as an intermediate holding company in international investment structures, in particular, on the 1 January 2012 tax legislation amendments regarding circumstances where a cooperative must withhold dividend tax.
How Do You Do It? MDR in Different EU Member States
Authors: Andrzejewska-Czernek I. , Spies K. , Martin C. , Mühlhausen M. , Belouli E. , Glavey T. , Faustini G. , Burbaitė E. , Klethi P-A. , Andrade C.A. , Martinez I. , Jiménez-Valladolid de L'Hotellerie-Fallois D.J.
Published: December 2023

This article presents the results of a comparative survey completed by tax practitioners throughout the European Union regarding how they evaluate and work with the new mandatory disclosure rules under DAC6 (2018/822).
Evaluation of Value Added Tax Exemption for Small and Low-Profit Enterprises in China – An Analysis Based on the Principle of Proportionality
Authors: Xu D. (Diheng)
Published: December 2023

In China, VAT exemption has been used as a tax incentive for supporting small and low-profit enterprises (SLEs) in recent years, aimed at reducing their tax burden. However, according to the principle of proportionality, VAT exemptions may not be the most suitable measure for supporting SLEs. The author analyses the validity, necessity, and balance of VAT exemption for SLEs as a tax incentive, suggests optimization options, and offers further thoughts on the regulation of tax incentives in China.
Will Democrats Fall into Their Own Trap on Pillar Two?
Authors: Parker A.
Published: December 2023

The Biden administration touted the OECD’s July announcement of a global agreement on the Pillar Two minimum tax as a major foreign policy achievement, which it was. Alex M. Parker examines how Congressional Democrats’ efforts to enact a US domestic minimum tax at odds with Pillar Two may backfire.
Issuance of the 2015 Singapore TP Guidelines
Authors: Coronado L. , Syrett H. , Danabalan V.
Published: December 2023

This article is a continuation of the previous article in IBFD’s Asia-Pacific Tax Bulletin dated November/ December 2014 (Volume 20, - Number 6, - 2014), wherein the authors provided comments with regard to the key differences between the IRAS consultation paper on the transfer pricing guidelines and the final OECD report on Action 13. The revised guidelines were released by IRAS on 6 January 2015, and this article summarizses again the main similarities and differences between the key compliance issues in Section D of the final OECD report on Action 13 and the 2015 Singapore Transfer Pricing Guidelines.
The EC’s Proposal for a Directive on Transfer Pricing: Paving the Road for a Common Application of the Arm’s Length Principle
Authors: Petruzzi R. , Myzithra A.
Published: December 2023

This article summarizes the key provisions of the EC Proposal for a Directive on Transfer Pricing, highlighting the potential benefits of such Proposal, as well as raising certain issues potentially triggered by its adoption, as well as clarifying the Commission’s aimed next steps.
Tackling Deduction and Non-Inclusion Schemes – The Proposal of the European Commission
Authors: Marchgraber C.
Published: December 2023

On 25 November 2013, the European Commission released a proposal for a council directive amending the Parent-Subsidiary Directive (2011/96). The objective is, inter alia, to eliminate double non-taxation resulting from, on the one hand, the non-inclusion of dividends and similar profit distributions received by a company of a Member State and, on the other hand, the deductibility of such payments at the level of the paying company resident in another Member State. This article analyses whether or not the proposal lives up to its promise.
Casenote – The Court of Appeal’s Decision on the Application of the
General Anti-Avoidance Rule
Authors: Tan H. , Oei J.
Published: December 2023

In Comptroller of Income Tax v. AQQ [2014] SGCA
15 (AQQ), a case which involves the interpretation and
application of the general anti-avoidance rule in section 33 of Singapore’s
Income Tax Act, the Singapore Court of Appeal ruled that the statutory
exception provided in section 33(3)(b) is not the only protection afforded to a
taxpayer from the potentially over-inclusive reach that would follow from a
literal interpretation of the threshold limbs in section 33(1).
Tax Incentives for Investments in Brazilian Infrastructure Bonds
Authors: Rubinstein F. , Haber Neto M.
Published: December 2023

The authors describe the tax incentive regime applicable to
infrastructure debentures, highlighting the recent changes brought by Law
12,715.
GCC VAT – International Services
Authors: Hull H. , Scalia R.
Published: December 2023

In this article, the authors focus on the international supply of services in the GCC member states. This includes the place-of-supply rules and the VAT treatment of inbound services into GCC markets, outbound services from GCC markets and intra-GCC services. In order to address these subjects, the authors rely significantly on the GCC VAT Agreement. The authors also explore how the Saudi Arabia and the United Arab Emirates have addressed the VAT treatment of the international supply of services within their legislation, executive regulations and administrative practice.
Article 3(2) of the OECD Model Tax Convention and the Scope of Domestic Law
Authors: Engelen F. , Gunn A.
Published: December 2023

This article is the sixth of a series of articles that will feature the sessions to be presented at the 66th Congress of the International Fiscal Association (IFA), to be held in Boston September 30 through October 4. Readers who wish to register may do so at www.ifaboston2012.com or at the IFA USA Branch website www.ifausa.org (click on the IFA 2012 Boston icon).