bluuebunny/crossref_metadata_2025 huggingface dataset:
Some Recent Decisions of the European Court of Human Rights on Tax Matters (and Related Decisions of the European Court of Justice)
Authors: Baker QC P.
Published: December 2023

The author examines decisions of the ECtHR from January 2015 to May 2016 relating to human rights and taxation including the application of the prohibition of double jeopardy; confidentiality, freedom of speech and taxpayer information; retrospective tax legislation; freedom from self-incrimination; confidentiality and privacy; exchange of information and procedural guarantees; discrimination in granting tax reliefs; justifiable discrimination for capital taxes; and the use of tax laws as a means of persecution; as well as recent human rights cases before the ECJ.
The Impact of ECJ Case Law on National Taxation
Authors: Pistone P.
Published: December 2023

The author, in this article, reflects on the impact of the case law of the European Court of Justice on the national tax sovereignty of Member States, through a discussion of the various vehicles through which such influence is achieved, and then illustrates these issues using Italy as an example.
Permanent Establishments and Action 1 on the Digital Economy of the OECD Base Erosion and Profit Shifting Initiative – The Nexus Criterion Redefined?
Authors: Blum D.W.
Published: December 2023

The author, in this article, examines the proposals made by the OECD in relation to Action 1 of the Base Erosion and Profit Shifting initiative regarding the digital economy with particular focus on the various changes suggested in relation to the concept of a permanent establishment and the nexus idea enshrined in article 5 of the OECD Model.
The German Restructuring Privilege (Section 8c(1a) of the Corporate Income Tax Act) and the EU State Aid Rules (Article 107(1) of the TFEU)
Authors: Brodersen C. , Mückl N.
Published: December 2023

The authors examine whether or not the German Restructuring Privilege qualifies as a selective measure in terms of article 107(1) of the TFEU, as was decided by the European Commission, in light of the recent ECJ decision in P Oy (Case C-6/12).
Officials’ Report on the Taxation of Multinational Companies
Authors: Smith A.M.C.
Published: December 2023

The author considers a government-commissioned report on tax avoidance by multinationals in New Zealand, how the New Zealand government is taking steps to protect its domestic tax base and the latest developments on this issue.
Tax Treaties and Double Non-Taxation: The Case of New Zealanders Investing in Immovable Property in South Africa
Authors: Holmes K. , Roeleveld J. , West C.
Published: December 2023

This article considers double non-taxation in relation to the New Zealand–South Africa tax treaty. It addresses the application of South African withholding tax to a New Zealand resident disposing of immovable property in South Africa and concludes with some recommendations as to how to rectify the deficiencies revealed.
Is VAT an Alien Concept to Influencers?
Authors: Echevarría Zubeldia G.
Published: December 2023

Influencers generate more than 27 billion dollars in advertising year. In this article the author discusses how advertisers’ activities should be treated from a VAT perspective.
Manufacturing and Trading Incentives – Where Do We Stand Now in Asia?
Authors: Shek J. , Fung K.
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides an overview of the available tax incentives.
Will Remote Working Mark the End of Substance Requirements?
Authors: Ravelli A.W. , Strik A.
Published: December 2023

In this note, the authors explore the impact of cross-border remote working on the area of tax legislation. Specifically, they examine how substance requirements that deny certain tax benefits in respect of (allegedly) artificial situations, have been impacted by this development, with a particular focus on the dividend withholding tax exemption under the EU Parent-Subsidiary Directive (2011/96). They argue that the substance tests as currently applied in many EU Member States and as included in the draft Unshell Directive conflict with the freedom of establishment.
Recent Developments Regarding Holding Companies in Germany
Authors: Kudert S. , Kahlenberg C.
Published: December 2023

This article examines recent tax law developments in Germany. The primary focus is on court decisions, which are particularly relevant in connection with the activities of holding companies in Germany. Potential legislative developments in this area are also selectively addressed.
VAT in Bangladesh
Authors: Alam M.F. , Shil N.C.
Published: December 2023

VAT was introduced in Bangladesh in 1991 and replaced the outdated
excise duty and sales tax. This shift was motivated by the arguments that, as
compared to sales tax, VAT has a higher revenue-raising potential and that its
collection and administration are more economic, efficient and expedient.
Despite its limitations, VAT has become the single largest source of government
revenue in Bangladesh. In this article, the authors describe the key features
of the VAT system, including some of the most important problems and possible
solutions to overcome them.
Italian Tax Authorities Issue Public Ruling on Imported Hybrid Mismatches
Authors: Schiavello S. , Rossi R. , Ratti C.
Published: December 2023

In this note, the authors comment on Italian Ruling No. 288/E, which clarifies the circumstances in which a hybrid mismatch should be deemed to exist as a result of the imported hybrid mismatch rule being triggered in a situation involving an Italian company that is part of a multinational enterprise group.
Fiscal Monitoring of Assets and Properties Held Abroad by Italian
Resident Individuals, Non-Commercial Entities, Simple Partnerships and Similar
Entities
Authors: Harteveld P.
Published: December 2023

Italy recently enacted important amendments to the fiscal monitoring
rules for foreign held assets and properties, applied to certain resident
taxpayers. This article intends to briefly outline the (amended) Italian tax
monitoring rules, the novelties introduced and assess whether the Italian
authorities succeeded in their attempt to make this rule EU law compliant. The
article addresses whether or not the fiscal monitoring rules can survive
considering recent developments in terms of exchange of information.
New EU VAT Rules Applicable from 1 January 2010 (2)
Authors: Corput W. van der
Published: December 2023

From 1 January 2010, the Member States of the European Union must comply with the amendments that have been made to the basic VAT Directive as regards the place-of-supply rules for services and measures relating thereto and measures aimed at combating tax evasion connected with intra-Community transactions, and with the new rules on refunds of VAT to taxable persons resident in another Member State. This overview of the options that the Member States have taken up in the framework of the new rules is an update of the overview that was published in IVM 6 of 2009.
Tax Treatment of Virtual Assets in Korea
Authors: Lee K.G.
Published: December 2023

This article deals with the recent development of various tax rules on virtual assets in South Korea. From December 2020 to March 2021, Korea revised several tax laws and regulations in order to establish a proper tax treatment of individual income tax, corporate income tax, inheritance and gift tax and value added tax regarding virtual assets. Due to these legislative changes, it is envisaged that Korea’s administration with regard to gathering tax information on the trade of virtual assets will also be significantly strengthened. However, recent Korea’s political measures surprisingly resulted in a delay of the implementation of individual income tax rules to 1 January 2023.
Transfer Pricing: Twin Powers of Assessment
Authors: Joseph A.
Published: December 2023

This article considers the impact of the changes in the most recent legislation on transfer pricing incorporating OECD guidance into Australian law, thus providing the Commissioner with an additional power of assessment
Functional Analysis Goes Before the French Supreme Administrative Court: A Short-Term Win for the Taxpayer, Long-Term Uncertainty for the Future
Authors: Mallaret A.
Published: December 2023

This note presents a case decided by the French Supreme Administrative Court on 4 October 2021. The main takeaway from the decision is that profit allocation needs to be based on a precise functional analysis. This means, in particular, that the use of the term “principal entrepreneur”, in practice, is irrelevant in determining whether or not a company should be allocated a residual profit or loss. Also, specific risks may justify temporary reduced profitability in certain instances.
Partnership Taxation – Is France a Missing Piece of the OECD Puzzle?
Authors: Popa O.
Published: December 2023

This note addresses the position of France on the taxation of non-resident partners of a French partnership, which is arguably contrary to the OECD approach, as confirmed in the recent Supreme Court decision in Quality Invest.
From Value Chain to Blockchain – Transfer Pricing 2.0
Authors: Bilaney S.K.
Published: December 2023

This thought-provoking article discusses how the technology that underpins cryptocurrencies can be put to use for transfer pricing purposes. At present, the use of blockchain technology in the field of transfer pricing is at a nascent stage. Its practical use would depend on actual advancement in technology and, more importantly, its acceptability with tax administrations.
Taxation of Investment Vehicles and the Free Movement of Capital
Authors: Stöber M.
Published: December 2023

The ECJ is currently reviewing a case (AllianzGI-Fonds AEVN) concerning provisions of Portuguese tax law that provide for an unequal treatment of non-resident and resident investment vehicles with respect to nationally-sourced dividend income. In her Opinion of 6 May 2021, Advocate General Kokott posited – in a partial departure from previous ECJ rulings – that the Portuguese provisions did not contravene EU law on the free movement of capital. This article critically examines the Advocate General’s view.
Some Recent Tax Decisions of the European Court of Human Rights
Authors: Baker QC P.
Published: December 2023

This article examines some recent cases of the European Court of Human
Rights concerning, in particular, the quality of tax laws and the acceptable
limits of criticism of revenue officers.
EU VAT Measures Taken due to COVID-19
Authors: Sol J. (Jordi)
Published: December 2023

The World is struggling with the effects of the COVID-19 virus and many countries are taking actions to fight it. Governments are implementing different measures in order to help businesses to overcome the negative impact of the pandemic in the economy. In this article, the author collects the main measures taken in the area of VAT by the Member States of the European Union until 1 May 2020.
Are Monetary Donations to Foreign Foundations Taxable in Spain?
Authors: Urrutia Coduras H.G. de
Published: December 2023

In articles on international taxation of philanthropy, one question that always arises is whether a donor making a donation to a foreign non-profit entity should benefit from a tax incentive. The tax consequences for the foreign non-profit entity in the donor’s country of residence are, however, usually forgotten. This article addresses this question, the answer to which depends on whether a tax treaty applies.
Multilateral Instrument: Analysis of Options and Notifications with Reference to the Prevention of Treaty Abuse Article
Authors: Chan A.K.K.
Published: December 2023

This article analyses the technical rules of the options and notifications in the Multilateral Instrument, the legal structure and the game-tree structure of the MLI, and the legal principle underlying the reservations entered into by selected contracting jurisdictions with respect to article 7 – Prevention of Treaty Abuse. With the aid of the game-tree structure, it also considers how the selected contracting jurisdictions apply the provisions in article 7 to the Covered Tax Agreements and the policy choices available to the policy makers. The author pays attention to specific bilateral relations, especially those involving China, Hong Kong and Singapore.
Tax Compliance in the Spotlight – The Challenges for Tax Administrations and Taxpayers
Authors: Majdanska A. , Schoueri P.
Published: December 2023

In this article, the authors examine the relationship between tax transparency and tax compliance. Specifically, the authors consider the opportunities and challenges brought about by the tax transparency agenda and its potential impact on tax compliance strategies.
Double Tax Agreements – More Sword than Shield
Authors: Joseph A.
Published: December 2023

The recent decision hailed as reaffirming Australia’s right to tax royalties under the Australia-India double tax agreement (DTA) was delivered by the Full Federal Court in the case of Satyam. The decision highlights the role played by the relevant DTA in combination with the Assessment Act to reiterate Australia’s position that it has the right to tax royalties if they are deemed sourced in Australia. The decision was in appeal of the decision of the Federal Court in 2017 in the Tech Mahindra case.
Valuation of Routine Companies with Special Consideration of the Business Specificity (Probability of Termination)
Authors: Ebeling F. , Meyer A. (Alexander) , Schilling D.
Published: December 2023

In this study the authors have empirically analysed the lifetime of so-called routine companies by considering around 60,000 companies from the Orbis database. The study does not show a significantly different lifetime of routine companies compared to non-routine companies. However, for routine companies, one may assume an annual termination probability between 5% and 7% when valuing such a company.
Report of EU Joint Transfer Pricing Forum on Cost Contribution Arrangements on Services Not Creating Intangible Property
Authors: Nijssen D.J.R.
Published: December 2023

The EU JTPF published the final version of its Report on Cost Contribution Arrangements on Services Not Creating Intangible Property on 7 June 2012. This article analyses that report and views it from a critical perspective.
The Principle of Fiscal Neutrality and Economic Reality in EU VAT: Two Peas in a Pod?
Authors: Abswoude K. van
Published: December 2023

The notion of economic reality is gradually increasing in importance in the ECJ’s case law. Given the considerable overlap with the principle of fiscal neutrality, in this article, the author analyses their relationship. According to the author, economic reality and the principle of fiscal neutrality are two sides of the same coin.
The Artificial Intelligence Tax Treaty Assistant: Decoding the Principal Purpose Test
Authors: Kuźniacki B.
Published: December 2023

In this article, the author explores and advocates the use of an artificial intelligence tax treaty assistant with regard to resolving issues and problems in respect of the principal purpose test as proposed in relation to the OECD/G20 Base Erosion and Profit Shifting initiative.
Opinion Statement FC 2/2019 Concerning the Implications of the Decision of the Court of Justice of the European Union in Iberdrola (Case C-132/16) on Input Tax Deductions
Authors: CFE Fiscal Committee
Published: December 2023

This CFE Opinion Statement, submitted to the European Institutions on 24 July 2019, discusses the implications of the decision of the Court of Justice of the European Union in Iberdrola (Case C-132/16). It seeks to analyse why the right to deduct input tax should not be unduly restricted.
The Challenges of Taxing Profits Attributed to Permanent Establishments: A South African Perspective
Authors: Oguttu A.W.
Published: December 2023

This article addresses the challenges of taxing profits attributed to a permanent establishment from a South African perspective and suggests ways in which these challenges could be resolved by South Africa.
Sovereign-Wealth
Funds: Are They Welcome in Canada?
Authors: Kandev M.N.
Published: December 2023

With the emergence of globalization, sovereign-wealth funds (SWFs)
have become major actors in international financial markets. In this article,
the author considers from an income tax perspective the question of whether
foreign SWFs are welcome to invest in Canada.
Public Disclosure of Taxpayer Information as a Measure to Improve Tax Compliance
Authors: Nakayama K.
Published: December 2023

This paper provides tax policymakers, who may be considering introducing a public disclosure system in order to improve tax compliance, possible options and issues to be taken into account in deciding and designing the system. The paper discusses disclosures in respect of both personal income tax and corporate income tax, and surveys existing systems.
Finance Act 2012
Authors: Roxburgh D.
Published: December 2023

This note deals with the Finance Act 2012, which was made law on 17 July 2012. The note covers those provisions of the Act that are of most relevance and importance for tax practitioners and gives section references for the remainder of the provisions.
Turnkey Projects – Contemporary Tax Issues
Authors: Singh S.P. , Goyal S. , Kumar A. (Anshul)
Published: December 2023

An insightful article on the tax issues arising from turnkey projects in India.
VAT and Directors’ Fees in the Benelux
Authors: De Maeijer S. , Vastmans S. , Bidoul V. , Wessels J. , Evers D.
Published: December 2023

The VAT Directive does not clearly address the question of the VAT treatment of directors’ fees, and recent developments in Dutch, Belgian and Luxembourg VAT legislation have emphasized the lack of harmonization on that question among the EU Member States. In this article, the authors outline the VAT treatment of directors’ fees in the Benelux. Using some real-life examples, they subsequently show how differences in the VAT treatment of directors’ fees in practice result in an increasing level of legal uncertainty for companies and directors.
Transfer Pricing Provisions Not Applicable to the Provision of Corporate
Guarantees If No Costs Are Incurred
Authors: Jhabakh P.R.K.
Published: December 2023

This article discusses the recent decision of the Delhi Income Tax
Appellate Tribunal in Bharti Airtel Ltd v. Additional
Commissioner of Income Tax, in which the Court held that transfer
pricing provisions are not applicable to corporate guarantees provided by a
company to its associated enterprises, as such guarantees do not have any
impact on the profit, income, loss or assets of the company.
Equity-based compensation : India
Authors: Fazelbhoy A. , Chandra A. , Sayta S.H.
Published: December 2023

Part of a comparative survey based on selected papers presented at the
Baker & McKenzie 24th Annual Asia-Pacific Tax Conference held in Kuala
Lumpur, Malaysia on 13 and 14 November 2008. The article considers
deductibility of the related expense, tax treatment of an adjustment of the
related expense before vesting, and tax treatment of cash-settled equity based
compensation.
Shaping the Transfer Pricing Practice in Delineation of Transaction – Review of Judicial Decisions in Poland
Authors: Laskowska M.
Published: December 2023

This article addresses the development of domestic tax practice in Poland on issues related to the delineation of transaction in the context of transfer pricing. An overview of the most relevant court jurisprudence is presented, highlighting the changing positions on the part of both tax authorities and administrative courts over the last decade.
The Influence of the EU Charter of Fundamental Rights on ECJ Case Law on the International Exchange of Information
Authors: Lejeune I. , Vermeire L.
Published: December 2023

The authors, in this note, discuss the impact of the EU Charter of Fundamental Rights as a means of protecting taxpayers with regard to the exchange of information, as evidenced in recent and pending ECJ case law in respect of both direct and indirect taxes.
Changes in the Internationalization Decree Regarding PEs of Non-Resident Entities and Possible Implications on Source Taxation of “Notional Income”
Authors: De Blasi M. , Bosco L.
Published: December 2023

This note discusses the changes included in Legislative Decree 147/2015 regarding measures for the growth and internationalization of enterprises. In particular, the focus is on article 7, which has changed the regulation of Italian PEs of non-resident entities by revising the principles for the determination of the tax base of non-resident taxpayers. Furthermore, the contribution addresses some tax issues, in terms of source-country taxation, regarding internal dealings between Italian PEs and parent companies.
VAT Credit in the Peruvian Tax System
Authors: Escalante Alpaca G.A.
Published: December 2023

In this article, the author explains the requirements that need to be fulfilled for the VAT on acquisitions (input VAT) to be considered as credit as well as the difficulties that the taxpayers face for that purpose and the consequences triggered by the misuse of such credit.
Tax Havens: Paradigm Shift
Authors: Rybnik D.
Published: December 2023

In publishing a new list to replace the list of countries with little
to no taxation, the Argentinean Executive Branch is proposing a paradigm shift,
though perhaps it also intends another change.
Tax Amnesties in the 2009 Tax Landscape
Authors: Malherbe J. , Fantozzi A. , Kapalle U. , Iannucci C. , Olivier L. , Traversa E. , Gill T. , Utumi A.C.A. , Grau Ruiz M.A. , Makhlouf G. , Schindler C.P.
Published: December 2023

This article provides a summary of the discussion on the topic of “Tax Amnesties” in Seminar N of the 63rd Congress of the International Fiscal Association, held in Vancouver, Canada on 3 September 2009.
Insurance Premium Tax – Whose Risk Is It Anyway?
Authors: Heydari S. , Carrière B.
Published: December 2023

Insurance premium tax (IPT), a tax payable on most insurance policies, is payable depending on where the risk being insured lies. There is some uncertainty as to how to determine the location of risk, particularly in merger and acquisition deals, in which both the seller and buyer seek to insure a common risk. This article discusses the history behind IPT in the Netherlands, the purposes it is meant to serve and how the recent case law can help in determining the location of risk.
The Tax Treatment of Severance Payments Made in a Cross-Border Context - A Swiss Perspective
Authors: Ledure C.
Published: December 2023

The tax treaty treatment of severance payments in relation to private employment in a cross-border context is described in this article. Qualification and allocation issues are examined, including the inherent risks of double taxation or double non-taxation in relation to such issues. Subsequently, the author highlights new developments brought about in the OECD Model (2014) and related Commentary on this topic and assesses the strengths and shortcomings of these developments. Finally, Switzerland is used as an example.
French Branch of Foreign Company Must Charge Interest to Its Head Office in Consideration for Cash Advances Provided to the Latter
Authors: Escaut P. , Glon G.
Published: December 2023

This note examines a ground-breaking decision of the French Supreme Administrative Court that held that a French branch of a foreign company must, under transfer pricing rules, charge interest to its foreign head office in relation to internal cash advances provided to the latter despite the absence of a separate legal personality.
The Tax Appeal Court of Trinidad and Tobago: Protecting the Rights of Taxpayers
Authors: Gafoor A.D.J.
Published: December 2023

This article considers the various issues relating to the protection and preservation of taxpayers’ rights before the Tax Appeal Court of Trinidad and Tobago (The Court).
2008 OECD Model : conflicts of qualification and double
non-taxation
Authors: Lang M.
Published: December 2023

The 2008 Update of the OECD Model modified Para. 32.6 of the
Commentary on Art. 23 (Elimination of double taxation). Para. 32.6 was added in
2000 and deals with double non-taxation arising from conflicts of
qualification. The changes to Para. 32.6, although minor, deserve careful
analysis because the issue of qualification conflicts resulting in double
non-taxation is highly controversial. This article examines the changes to Para
32.6 and analyses the policy and legal considerations relating to the approach
taken in Para. 32.6.
The Bulgarian VAT System To Be Evaluated by the ECJ
Authors: Vargoulev I.
Published: December 2023

The questions referred to the ECJ by Bulgarian courts on the application of the VAT Directive reveal the excessively strict rules laid down by the national VAT Act and the strict practices of the tax authorities. On the basis of recent referrals to the ECJ, the author explains the framework in which businesses and tax authorities operate in Bulgaria.
The Brady-Ryan Plan: Potential and Pitfalls
Authors: Viard A.D.
Published: December 2023

In this article, the author argues that the Brady-Ryan tax plan has significant pro-growth potential because it moves toward consumption taxation, and he identifies some features of the plan that should be changed.
Argentine Supreme Court Rules That Source Protection Prevails over Prices Obtained in Normal Market Practices between Independent Parties
Authors: Screpante M.S.
Published: December 2023

This article discusses the judgment of the Argentine Supreme Court in the 2021 Nidera case.
The Road to FATCA in the European Union
Authors: Brodzka A.
Published: December 2023

The author discusses the EU response to the US Foreign Account Tax
Compliance Act (FATCA), which allows the US Internal Revenue Service (IRS) to
gather information concerning the accounts of US taxpayers in foreign banks.
Banks and financial institutions worldwide are required to gather the
information or a 30% tax on capital flows from the United States is imposed.
The article looks at the due diligence burden resulting from FATCA, as well as
legal concerns – notably data protection issues.
Banks, Automatic Cross-Border Exchange of Taxpayer Information and English Common Law Fiduciary Duties Owed to Customers
Authors: Jackson G.
Published: December 2023

This article considers the position of banks regarding the provisions of automatic exchange of information regimes. The author focuses on whether a bank’s behaviour relating to such regimes is subject to a fiduciary duty to customers and any General Data Protection Regulation consequences of some approaches to compliance by banks.
State Aid Rules under EEA Law from an Icelandic Perspective
Authors: Sigurvaldadottir V.
Published: December 2023

In this article, the author provides an analysis of the EEA State aid rules from an Icelandic perspective through an examination of a number of EFTA Court decisions on State aid granted by Iceland.
Council of State Decides Participation of an Individual on Greek Board of Directors not Sufficient to Presume Greek Tax Residence
Authors: Douvas E.
Published: December 2023

In this note, the author discusses the Greek Council of State decision in Case 418/2020, wherein the Court determined that participation in the management of a board based in Greece was not sufficient, by itself, to establish that an individual, who had moved abroad, had retained his tax residence in Greece.
The Cloud, E-Commerce and Taxable Presence
Authors: Oka R.
Published: December 2023

This comparative survey article on Japan is based on a paper presented at the Baker & McKenzie 30th Annual Asia-Pacific Tax Conference held in Hong Kong from 13-14 November 2014. The 31st Annual Asia-Pacific Tax Conference is to be held in Singapore in November 2015.
BEPS Action 2: Hybrid Mismatch Arrangements
Authors: Carman P.
Published: December 2023

The author provides an in-depth analysis of the OECD report on BEPS Action 2 and its potential impact on international tax planning.
Ride-Hailing Industry – A Case for the Profit Split Model
Authors: Bilaney S.K.
Published: December 2023

The ride-hailing industry has disrupted the traditional taxi business and achieved astronomical growth in the last decade. However, 2020 was an exceptional year where demand plummeted due to the COVID-19 pandemic. But the industry is expected to swiftly revive. Although the ride-hailing business is a type of platform business model, it is significantly a local industry by nature. In this article, the author analyses the ride-hailing industry, emerging trends in this industry and key value-creating activities/value drivers of the business. This analysis is followed by guidance on a plausible transfer pricing model that aligns with value-creating activities.
The Czech Thin Capitalization Rules: Changes, Tax Planning Opportunities and Compatibility with EC Law
Authors: Svobodová Jana
Published: December 2023

The Czech Republic has introduced several changes to its thin capitalization rules in the past few years. This article provides a comprehensive analysis of these amendments, reviews the compatibility of the Czech thin capitalization rules with EC law and highlights tax planning opportunities in the context of these rules.
Agency Permanent Establishments: in the name of and the Relationship between Article 5(5) and (6) – Part 2
Authors: Pijl H.
Published: December 2023

In this second part of a two-part article, the author completes his consideration of the term “in the name of”/“binding” and the relationship between article 5(5) and (6) of the OECD Model. The first part was published in the January 2013 Issue of the Bulletin for International Taxation.
Comments on Professor David Rosenbloom’s Lecture “O Brave New World: The Looming Rethink of International Taxation in the United States”
Authors: Kraft G.
Published: December 2023

Prof. Dr Gerhard Kraft comments on Professor Rosenbloom’s Klaus Vogel Lecture of 23 September 2016, hosted by the Institute for Austrian and International Tax Law (WU), Vienna, the title of which was “O Brave New World: The Looming Rethink of International Taxation in the United States”.
On the Validity and Scope of Macro-Coherence
Authors: Kostikidis S. , Hintermayer P.
Published: December 2023

The scope of coherence, as a grounds justifying measures interfering with the fundamental freedoms, is limited by the concept of macro-coherence. This article analyses the origin and rationale of macro-coherence and how the concept relates to the balanced allocation of taxing rights. The authors argue that it should be abandoned. If not, this could reignite discussions about fundamental issues of EU tax law, such as most-favoured nation treatment and the obligation of Member States to conclude tax treaties.
Judicial System and Legal Remedies in Switzerland
Authors: Egli Arginelli K.
Published: December 2023

This article provides the readers with an overview of the tax assessment and judicial procedures regarding direct taxation (personal income tax, corporate tax and wealth tax) in force in the 26 Swiss Cantons, as well as the appeal judicial procedure before the Swiss Federal Supreme Court.
Residential Land under Australian GST
Authors: Peacock C.
Published: December 2023

When GST was introduced in Australia, it was supposed to be simpler than the wholesale sales tax it replaced. However, almost 11 years after the introduction of the simpler tax, there are still areas in the GST system that lack clarity, for example the issue of how much vacant land should be regarded as “residential premises” for GST purposes. In this article, the author discusses the background of this issue and various options to resolve the problem.
The Meaning of “Liable to Tax” and the OECD Reports: Their Interaction and Ambiguous Interpretation
Authors: Galea R.
Published: December 2023

The concept of “liability to tax” has far-reaching consequences in treaty scenarios, extending beyond mere qualification as a “resident of a Contracting State”. In this article, the author addresses the effect that “liability to tax” has on entitlement to treaty benefits in light of the OECD Partnership Report and other OECD reports.
US Supreme Court Overturns Quill (1992): Physical Presence Rule for State Sales Tax
Authors: McLure C.E. (Jr.)
Published: December 2023

In this article, the author considers the recent US Supreme Court (USSC) ruling in the case of Wayfair (2018) overturning the USSC case of Quill (1992), which provided a physical presence nexus rule, and implications of this decision for US state sales taxes.
The New Transfer Pricing Regulations
Authors: Phan A.T. , Mu M.
Published: December 2023

This article focuses on the recent transfer pricing developments in Indonesia.
New Developments in Sharia Banking
Authors: Karyadi F.
Published: December 2023

Recently, the Indonesian government issued several new regulations in view of Indonesian sharia-compliant banking. This article discusses the most significant amendments.
The UPM Case – The Issue of Taxpayer Classification
Authors: Bilaney S.
Published: December 2023

In this contribution, the author reviews the recent transfer pricing ruling, in relation to the characterization of the taxpayer as a manufacturer, issued by the Mumbai Income Tax Appellate Tribunal in UPM-Kymmene India Pvt. Ltd v. DCIT. The author raises some important aspects, which should have been considered by the tax authority and Tribunal in arriving at their decisions, and also provides his view on why the taxpayer should have been characterized as a value added distributor.
Toward a New General Tax Law in Poland
Authors: Brzeziński B. , Olesińska A.
Published: December 2023

This note describes the work of the Codification Committee, which is tasked with the job of devising an entirely new General Tax Law.
Tax Transparency and Disclosure in Korea
Authors: Kim T.T-G.
Published: December 2023

In this article, the author reviews the tax transparency and disclosure rules in Korea with an emphasis on the extent to which Korea is compliant with the developments regarding these aspects of taxation that have especially arisen as a result of the OECD/G20 Base Erosion and Profit Shifting initiative.
Why Exit Taxation of Natural Persons Regarding Unrealized Capital Gains in Company Shares is Contrary to EU Tax Law
Authors: Kollruss T.
Published: December 2023

This article discusses the exit taxation provisions applicable to natural persons holding shares in corporations as private assets. In this context, Member States are obliged, under EU law, to grant a full deferral, without interest, of the assessed exit tax until an actual disposal of the shares. The provisions allowing for payment of the exit tax in instalments prior to an actual disposal of the shares, which is only allowed in the area of business entities, is not transferable to natural persons under EU law.
Advance Pricing Agreements and the Principles of Legality and Equality:
The Problems Surrounding Contracts in Tax Law
Authors: Leão M. Toribio
Published: December 2023

This article approaches the issue of advance pricing agreements
created to serve as an alternative mechanism for resolving problems arising
under the applicable transfer pricing regime. While APAs can be a very
advantageous alternative, they are limited by the principles of legality and
equality – limits which are addressed here in order to ascertain the acceptable
scope of the functioning of an APA in a system that respects the safeguards of
taxpayers as a whole.
Economic Analysis: Basic Cash Flow Taxation of Financial Institutions
Authors: Sullivan M.A.
Published: December 2023

In this article, the author discusses the consumption tax treatment of financial transactions from an economic perspective.
Special Tax Zones in the European Union: Implementing Models under State Aid Rules
Authors: Cipollini C.
Published: December 2023

There is a significant interplay between Special Tax Zones and the variables of EU law. This article aims to identify the implementing models regarding Special Tax Zones in light of State aid rules and provides an analysis of various EU law sources, as well as the experience of Member States. Considering the strict limits set by State aid rules, however, Member States face numerous difficulties in introducing territorial tax measures in their disadvantaged regions.
The Avoidance of International Double Bank Taxation
Authors: Schäfer D.
Published: December 2023

The author discusses the means of avoiding double bank taxation in the Netherlands, under both domestic law and the agreement entered into with the United Kingdom for this purpose, as well as similar agreements between the United Kingdom on the one hand, and France and Germany on the other.
The Alignment of Albania’s Legislation with the EU Acquis: The Taxation of Cross-Border Profit Distributions
Authors: Shehaj P.
Published: December 2023

This article provides an overview of Albania’s efforts to align its tax legislation with the EU acquis under the terms of the Stabilization and Association Agreement governing Albania’s journey towards EU membership. In particular, the author examines compliance with the EU Parent-Subsidiary Directive (2011/96) (the Directive), concluding that, although Albanian tax legislation addresses cross-border double taxation, it does not fully comply with the objective scope of the Directive in terms of safeguarding the free movement of capital and goods and removing obstacles to the internal market.
Implementing Measures Relating to EU Place-of-Supply Rules: Are Business Issues Solved and Is Certainty Provided?
Authors: Lejeune I. , Cortvriend E. , Accorsi D.
Published: December 2023

On 1 January 2010, new place-of-supply rules for services apply in the European Union. Many provisions of the Regulation that contains implementing measures for the VAT Directive relate to those rules and, consequently, that Regulation had to be adapted. In this article, the authors focus on the new provisions of the recast Implementing Regulation, in particular those relating to the new place-of-supply rules, and they analyse the extent to which those provisions offer solutions for the main issues in the area of EU VAT that have been identified from a business perspective, and assess whether the Regulation produces the required guidance and clarification at EU level.
Electronic Commerce and Indirect Taxation in Spain
Authors: Delgado García A. , Oliver Cuello R.
Published: December 2023

Electronic commerce transactions are subject to an indirect consumption tax, namely, value added tax. In Spain, the key issues in this area are: (1) the place of supply of the electronic commerce transactions; (2) the application of the special regime for electronically supplied services; (3) the rates applicable to such electronically supplied services; and (4) the regulation of invoices by electronic means. This article addresses these issues in light of EU regulations and their incorporation into Spanish law.
Cross-Border Leasing
Authors: Shah R. (Rohan) , Bhatia P.
Published: December 2023

The comparative survey articles are based on selected papers presented
at the Baker & McKenzie 29th Annual Asia-Pacific Tax Conference held in
Singapore on 29 and 30 October 2013. The 30th Annual Asia-Pacific Tax
Conference is to be held in Hong Kong in November 2014. For more information,
please contact Liane Tsang of Baker & McKenzie, Hong Kong by tel.: +852
2846 2358 or by e-mail: liane.tsang@bakermckenzie.com.
Exchange of Information: Issues and Developments in Luxembourg
Authors: Bock G. , Hoor O.R.
Published: December 2023

The conclusions reached by the G-20 Leaders’ Summit of London and the OECD’s “grey list” of 2009 echoed well beyond the world of finance, and exerted pressure on Luxembourg to comply with OECD standards on exchange of information in tax matters. This note analyses the steps taken by Luxembourg that testify to its commitment to international tax cooperation standards.
German Federal Tax Court Decides on PE Definition and Keeps Traditional Interpretation
Authors: Ditz X. , Quilitzsch C. , Dapprich T.N.
Published: December 2023

The German Federal Tax Court specified and clarified the German definition of a permanent establishment in its decision of 23 March 2022. As a large number of tax consequences are linked to this, this article presents the decision and places it in the preceding legal situation.
Zappers – Retail VAT Fraud
Authors: Ainsworth R.T.
Published: December 2023

Zappers are add-on programmes used by merchants with electronic cash registers to skim cash sales at the retail stage. Electronic cash registers may even be equipped with built-in and sophisticated skimming devices. In this article, the author discusses this phenomenon and presents the findings of the tax authorities in four of the many cases in which retailers use technology-based skimming devices. The author’s case studies show how important it is that the tax authorities regularly visit specific categories of retailers. There are also technological solutions to combat this sophisticated type of fraud.
Since Vodafone ...
Authors: Bhattacharya S. (Saurav)
Published: December 2023

In this article, the author analyses the developments in Indian tax and investment law and practice since the Vodafone case. He canvasses successive amendments to Indian domestic tax law to counter the Supreme Court’s Vodafone judgment and ongoing cases arising from them, and examines in detail a range of questions that remain unanswered. The article also considers the impact of indirect share transfers on the fund industry and bilateral investment treaty implications of the post-Vodafone developments.
The Tax Treatment of a Buyback of Own Shares
Authors: Weiss M. , Loose T. , Oskamp M.
Published: December 2023

This note examines a circular published by the German Federal Ministry
of Finance, which clarifies the position of the German tax authorities on the
treatment of a buyback of own shares for tax purposes. The note analyses the
key features of the circular and identifies possible tax planning opportunities
for foreign taxpayers.
Parliament
Authors: Valério C.
Published: December 2023

This overview highlights the Parliament’s (i) Resolution on national vetoes to undermine the global tax deal; (ii) Committee recommendation to tax cryptoassets and use of blockchain to fight tax evasion
Special Issue – Introduction
Authors: Wijnen W.F.G. , Pagone G.T.
Published: December 2023

Wim Wijnen, with the assistance of Justice Tony Pagone, introduces this special issue of the Bulletin for International Taxation, which focuses on the topic of judicial precedent.
Dealing with Debt
Authors: Sieker S. , Chan P.
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides a broad overview of the tax consequences arising from the sale, transfer, etc. of debt.
Substance in International Taxation
Authors: Hawkes J.
Published: December 2023

The purpose of this comparative survey is to provide country reports
on the concept of substance in international taxation. Although the substance
requirement has since long been an important part of the functioning of
different taxation rules, the focus on this concept has recently increased. The
BEPS initiative, launched by the G20 and led by the OECD, may result in changes
to the substance requirement as it is expressed in different kinds of norms
such as domestic laws, tax treaties and soft law. The European Union is
interested in these developments and adheres to the work of the OECD on BEPS,
while conducting certain initiatives on its own.
Given these recent
developments, the International Transfer Pricing Journal wishes to present an
overview of certain issues related to the substance requirement in several
jurisdictions. The purpose of this study is to show the complexity, the
diversity, but also the similarities between some of the requirements of
different countries. At this point, the substance requirements in transfer
pricing are deliberately not included in the questionnaire so as to limit the
scope of this study. The outline has been prepared in cooperation with Jérôme
Monsenego (Associate Professor of tax law, Uppsala University).
Looking for Taxable Persons’ Good Faith – Stehcemp Case
Authors: Lasiński-Sulecki K.
Published: December 2023

In this article, the author explains that it seems that, based on ECJ case law, the “good faith principle” has become a prerequisite for taxable persons in order to be able to deduct the input VAT they have incurred. After explaining the legal requirements for deducting input VAT that are set in both the VAT Directive and the Polish VAT Law, the author provides a deep analysis of the Stehcemp case, focusing on the concept of good faith given by the ECJ in this and previous cases and also examinig the potential impact of this decision on Polish law.
The “Torino-Busan Declaration”: Identifying Priorities in an International Setting for Tax Professionals and Taxpayers
Authors: Valente A. (Alessandro) , Ivanovski A.
Published: December 2023

Just over a year after the “Ulaanbaatar Declaration”, the Global Tax Advisers Platform (GTAP) identified four key short-term tax priorities in the “Turin-Busan Declaration”, signed on 3 and 17 October 2019 in Torino and Busan, respectively. The main objective is to set out a framework to strengthen cooperation among the globalizing community of tax professionals and to ensure fair and efficient taxation in an increasingly global, dynamic and digitalized context.
Report of the Proceedings of the Twelfth Assembly of the International Association of Tax Judges Held in Budapest, Hungary on 9 and 10 September 2022
Authors: Michel B.
Published: December 2023

This report summarizes the proceedings of the twelfth assembly of the International Association of Tax Judges, which was held in Budapest, Hungary on 9 and 10 September 2022.
Digital Zero-Price Market – VAT Consequences
Authors: Tomassetti C. , Orlando E.
Published: December 2023

In Italy, criminal proceedings and large VAT assessments have been initiated against IT service providers in relation to the free access to their apps/platforms aimed at collecting users’ data. However, in the view of the authors, there is currently no legal ground to consider this a supply of services relevant for VAT given the lack of a legal relationship pursuant to which there is a reciprocal performance (exchange of a consideration versus an economically valuable supply).
The Use of the Profit Split Method in Highly Integrated Transactions
Authors: Stähli L.
Published: December 2023

Given the increased significance of the transactional profit split method, the author provides a critical analysis of this transfer pricing method related to highly integrated transactions within multinational enterprises in light of the recently published discussion drafts on profit splits by the OECD. Particularly, this article addresses different aspects of these discussion drafts and gives a real-life example of a profit split in the construction industry in the context of highly integrated transactions.
Transfer Pricing Aspects of Central Purchasing
Authors: Bonekamp M. , Dijkman J.
Published: December 2023

The authors discuss recent developments, including the 2013 Dutch
Transfer Pricing Decree and work by the OECD, and how these may impact the
transfer pricing policies of multinational enterprises with a central
purchasing function.
Danish Tax Authorities Prevail in Recent Beneficial Ownership Decision
Authors: Riis A.
Published: December 2023

The Danish tax authorities prevailed in a landmark decision from the Danish Tax Tribunal, wherein it was held that a Danish company was required to withhold Danish tax on interest paid to a Swedish parent company, irrespective of the Nordic Tax Treaty in force between Denmark and Sweden, as well as the EU Interest and Royalties Directive (2003/49/EEC).
Hedging Transactions and the Foreign Tax Offset Regime
Authors: Joseph A.
Published: December 2023

The foreign income tax offset regime can have a significant impact on Australian entities hedging against fluctuations in foreign currencies. The author discusses a relevant Taxation Ruling and provides examples illustrating the application of the foreign income tax offset regime.