bluuebunny/crossref_metadata_2025 huggingface dataset:
Taxation of Cross-Border Hidden Profit Distributions: (In)correct Implementation of the Parent-Subsidiary Directive in Slovenia?
Authors: Odar M. , Pate B.
Published: December 2023

This article discusses the corporate tax aspects of cross-border distributions of hidden profits to a controlling legal person who is a non-resident of Slovenia or a resident of an EU Member State in the context of the Parent-Subsidiary Directive.
The Application of the Principal Purpose Test and Domestic General Anti-Avoidance Rules and Specific Anti-Avoidance Rules in Latin America: In Search of Legal Certainty
Authors: Teijeiro G.O. , Vázquez J.M.
Published: December 2023

This article examines the application of the principal purpose test and its interaction with domestic general anti-avoidance rules and specific anti-avoidance rules in eight selected Latin American jurisdictions, i.e. Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico and Peru.
Opinion Statement ECJ-TF 2/2018 on the ECJ Decision of 7 September 2017 in Eqiom (Case C-6/16), Concerning the Compatibility of the French Anti-Abuse Rule Regarding Outbound Dividends with the EU Parent-Subsidiary Directive (2011/96) and the Fundamental Freedoms
Authors: CFE ECJ Task Force
Published: December 2023

This CFE Opinion Statement, submitted to the European Institutions in May 2018, addresses the ECJ’s decision in Eqiom (Case C-6/16), which concerns the EU law compatibility of the French anti-abuse rule regarding outbound dividends.
Tax Law Disputes before Investment Arbitration Panels: Practical Experience
Authors: Perrou K.
Published: December 2023

This article studies the experience gained in respect of dispute resolution under international investment agreements to determine whether or not it might provide input for the enhancement of the tax treaty dispute resolution mechanism, which is currently limited to the mutual agreement procedure.
The European Commission’s Proposal on Corporate Taxation and Significant Digital Presence: A Preliminary Assessment
Authors: Petruzzi R. , Koukoulioti V.
Published: December 2023

In this article, the authors discuss the European Commission’s proposal for a Directive regarding taxation of a significant digital presence. In particular, they analyse whether users constitute a reliable benchmark for the purpose of allocating the tax base amongst the various states, as well as issues raised when users are used as a factor in attributing profits to the jurisdiction in which they are located.
Asset Management and Transfer Pricing
Authors: Massamba Leho A.
Published: December 2023

This article examines transfer pricing in the asset management industry. With an evolving landscape, it explores recent industry trends and their impact. It offers an overview of prevalent structures. Additionally, it addresses common transfer pricing issues and relevant case law, providing valuable insights for professionals. By synthesizing trends, structures and legal perspectives, this article equips readers with a comprehensive understanding of transfer pricing aspects for the industry.
Corporate Debt Waivers in Luxembourg – Consequences and Tax Planning Opportunities
Authors: Hoor O.R.
Published: December 2023

Corporate debt waivers are a common feature of financial reorganizations and have soared amid the current economic downturn. The tax consequences of corporate debt waivers for companies and their shareholders must be carefully examined before implementation. This comprehensive article seeks to clarify the tax treatment of corporate debt waivers in Luxembourg and considers tax planning strategies to mitigate related tax risks.
Relief from Double Taxation of Distributed Profits and the “Effective Taxation” Requirement
Authors: Gamito C. , Antas F.
Published: December 2023

This note focuses on the domestic economic double taxation relief mechanism for dividends distributed to a Portuguese parent company, in particular, the requirement that the dividends be effectively taxed in order to benefit from such tax relief, which was given a wider scope of application and became significantly more relevant following the 2011 State Budget Law.
Changes in Advance Pricing Agreements
Authors: Lasiński-Sulecki K.
Published: December 2023

The Polish legislature has recently been active in the field of transfer pricing. First, changes were introduced in basic provisions regarding transfer pricing adjustments and thin capitalization (effective from 2015), followed by amendments to APA rules (entering into force in 2016). Finally, transfer pricing documentary requirements were created nearly anew (to be fully effective in 2017). Here, the author considers the amended APA rules.
New Rules on Qualifying Subsidiaries under the Dutch Participation
Exemption Regime
Authors: Snel F.P.J.
Published: December 2023

This note outlines the revised rules regarding subsidiaries that
qualify for the application of the participation exemption, which are
applicable from 1 January 2010. The author concludes that although the rules
may look complex, in practice, they are straightforward to implement and the
outcome should be the same in most instances as under the old rules.
Dutch Guidance on Tax Integrity Risk for Financial Institutions
Authors: Herksen M. van , Schreuders D.
Published: December 2023

Financial institutions serve a “gatekeeper” role when it comes to preventing and addressing money laundering conducted by (or through) their clients. The Dutch regulator is requiring Dutch banks to significantly improve their “know-your-customer” rules and test their clients much more thoroughly for aggressive tax planning. This article discusses the new guidance issued in the form of a consultation paper that was published on 7 February 2019 on what constitutes “good practice” when it comes to financial institutions screening their clients for aggressive tax planning structures.
Tax Issues in Consensual Debt Restructuring
Authors: Günther O.-C. , Sedlaczek M.
Published: December 2023

In this article the authors provide an overview on some options for Austrian distressed debtors that are at risk of defaulting under a regular loan instrument and are considering to remedy the situation in a consensual manner with the creditor. The focus here is on the primary Austrian tax consequences related to their options and the possibilities for proper structuring in order to minimize taxation at the level of the debtor and/or creditor.
Opinion Statement ECJ-TF 3/2022 on the EFTA Court Decision of 1 June 2022 in PRA Group Europe (Case E-3/21), on the Discriminatory Interaction between the “Interest Barrier” and Group Contributions
Authors: Kofler G.W. , Garcia Prats A. , Haslehner W. , Heydt V. , Kemmeren E. , Lang M. , Nogueira J.F. Pinto , Panayi C. HJI , Raventós-Calvo S. , Richelle I. , Rust A. , Shiers R.
Published: December 2023

In this CFE Opinion Statement, the CFE ECJ Task Force comments on the EFTA Court decision of 1 June 2022 in PRA Group Europe (Case E-3/21), on the discriminatory interaction between the “interest barrier” and group contributions.
The Influence of ECJ Case Law on the German Inheritance and Gift Tax Act
Authors: Weiss M.
Published: December 2023

This article describes the German inheritance and gift tax regime in the context of the recent decision of the ECJ in Sabine Hünnebeck (Case C-479/14), concerning the optional resident taxation of EU/EEA citizens. The German rule enshrined in section 2(3) of the Inheritance and Gift Tax Act did not withstand the scrutiny of the ECJ in Hünnebeck and might be changed shortly to bring the Inheritance and Gift Tax Law in line with EU law.
Japan’s Supreme Court Classifies a US Delaware Limited Partnership as a Corporation
Authors: Imamura T. , Honda M.
Published: December 2023

This article considers the implications of a recent Japanese Saikō-saibansho (Supreme Court) decision in which the Supreme Court held that a US Delaware limited partnership should be regarded as a corporation for Japanese tax purposes.
Lump-Sum Taxation – Quo Vadis?
Authors: Suter R.
Published: December 2023

The author examines the basic features of lump-sum taxation, including the conditions for qualifying for expenditure-based taxation. Further, the latest developments in connection with lump-sum taxation in Switzerland are presented, including initiatives to either abolish such regimes or tighten the conditions for applying this form of taxation.
IT Sector in India
Authors: Patel V.T. , Savla K.P. , Bandyopadhyay A.
Published: December 2023

This article analyses the IT sector in India, the impact of the COVID-19 crisis and transfer pricing issues in the IT sector.
Deductible and
Non-Deductible Corporate Income Tax Expenses for Non-Resident Corporate
Taxpayers
Authors: Bicer Ramazan
Published: December 2023

In this note, the author considers the deductible and
non-deductible costs for non-resident corporate taxpayers in Turkey, primarily
from the corporate income tax perspective. The focus is on practice and several
examples are presented to explain significant details of the current rules for
non-resident corporate taxpayers.
Portuguese APA Procedure Reviewed: Main Alterations and Impact
Authors: Câmara F. de Sousa da , Fernandes J.M.
Published: December 2023

In this article, the authors address the most recent amendments made to the Portuguese transfer pricing regime, particularly focusing on the impact on the advance pricing agreement execution procedure.
Supreme Court Issues Third Ruling on Fictitious Wage and Tax Treaties: Decision of the Netherlands Supreme Court of 18 November 2016, BNB 2017/34
Authors: Pötgens F.P.G. , Vergouwen T.M. (Mees)
Published: December 2023

The authors, in this note, analyse the decision of the Netherlands Supreme Court in BNB 2017/34 (18 November 2016), wherein the Court addressed the impact of the fictitious wage concept in article 12a of the Wage Withholding Tax on classification under the Netherlands-Portugal Income and Capital Tax Treaty (1999) in respect of a Portuguese resident individual shareholder having a substantial interest in a Netherlands resident company.
An Important Step Forward: Guernsey Introduces Country-by-Country Reporting
Authors: Huxtable J.
Published: December 2023

On 21 October 2016, Guernsey signed the OECD multilateral competent authority agreement for the automatic exchange of country-by-country reports. The author considers how such reporting is being implemented in Guernsey and the anticipated effects for taxpayers.
Black-Listed Jurisdictions as Anti-Avoidance Tool for Transfer Pricing Purposes
Authors: Didenko V.
Published: December 2023

With effect from 1 January 2013, reformed transfer pricing rules have introduced an anti-avoidance tool aimed at transactions between local companies and unrelated counterparties located in so-called black-listed jurisdictions.
Australia’s Strategic Direction: An International Focus
Authors: Konza M.
Published: December 2023

On 19 March 2015, the Australian Taxation Office released the Reinventing the ATO programme blueprint, a key initiative to achieve the vision of being a contemporary, service-oriented organization. This article summarizes the key elements and strategies under the programme that will be used to deal with international tax issues faced by the tax administration.
Levy & Sebbag: The ECJ Has Once Again Been Asked To Deliver Its Opinion on Juridical Double Taxation in the Internal Market
Authors: Daxkobler K. , Huisman E.
Published: December 2023

In this note, the authors outline the ECJ's decision in Levy and Sebbag, wherein the Court confirmed its view that the
fundamental freedoms are not capable of solving the problem of juridical double
taxation, since they do not provide criteria for the attribution of taxing
rights.
Tax treatment of cross-border pensions under the OECD Model and EU
law
Authors: De Broe L. , Neyt R.
Published: December 2023

This article summarizes the proceedings of the seminar on cross-border
pensions at the 2008 IFA Congress in Brussels. The panel considered four
topics: cross-border pension contributions, portability of pension rights,
taxation of the pension fund's investment income, and allocation of taxing
rights. The article discusses these topics in light of the OECD Model and in
light of EU law. The discussion of allocation of taxing rights addresses, among
other things, the question of determining the source of a pension for treaty
purposes.
Avoidance of International Double Taxation: A Plea for the Exemption System in Portugal
Authors: Rebelo de Sousa M.
Published: December 2023

This article examines the possibility of adopting the exemption system in Portugal. The author describes the current rules regarding the elimination of international double taxation, outlines Portugal's tax treaty policy and, finally presents arguments in favour of the adoption of the exemption system as the most suitable method to eliminate international juridical double taxation.
Global Transfer Pricing Conference: Transfer Pricing Developments around the World
Authors: Storck A. , Petruzzi R. , Peng X. , Holzinger R.
Published: December 2023

This article highlights key points discussed during the second Global Transfer Pricing Conference, “Transfer Pricing Developments around the World”, organized by the WU Transfer Pricing Center at the Institute for Austrian and International Tax Law at WU (Vienna University of Economics and Business) and summarizes the topics analysed during the eight sessions of the event.
Trends in Structuring Brazilian Mergers and Acquisitions: The Key Aspects of the Tax Amortization of Goodwill
Authors: Ono R. Seiti , Canen D.
Published: December 2023

Most mergers and acquisitions in Brazil are structured to enable the tax amortization of goodwill. This article examines how goodwill is treated in Brazil following the changes introduced by the adoption of international accounting standards and to the tax regulations, as well as considering the implications of recent court decisions.
Pillar Two: Where Are We and Where Are We Going? One US Perspective
Authors: Bunn D.
Published: December 2023

Since the OECD announced the agreement of more than 130 nations on the outline of the two-pillar solution, many eyes have focused on what, if anything, the United States would do to implement Pillar Two (GloBE). In this article, Daniel Bunn of the Tax Foundation reviews the US tax on Global Intangible Low-Taxed Income (GILTI), and discusses recent efforts to modify it to conform to the outline of the Global Minimum Tax. Bottom line: stay vigilant.
Pillar One and Pillar Two: A Confirmation of the Formulaic Apportionment and Anti-Avoidance Approaches of the Value Creation Functional DEMPE Formula Standard?
Authors: Screpante M.S.
Published: December 2023

The article discusses how the value creation standard creates a “universal” definition of source as well as an anti-avoidance instrument that allows for a more mechanical and fractional manner to allocate profits. Pillar One and Pillar Two will also be scrutinized to determine if such an approach has been validated.
Germany's Tax Treaty Negotiation Policy
Authors: Lipp M.
Published: December 2023

In this article, the author discusses the Federal Ministry of
Finance's Basis for Negotiation of Agreements for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income
and on Capital, which was published on 14 April 2013 (revised 22 August 2013),
which is intended to be the basis for future treaty negotiations and treaty
revisions between Germany and its partner states.
An Overview of the Protection of Taxpayer Rights in Korea
Authors: Lee J-B.
Published: December 2023

This article considers the protection of the rights of taxpayers in Korea with specific regard to the relevant provisions of the Constitution of the Republic of Korea and tax legislation in general, and discusses the breadth and effectiveness of taxpayer protection in Korea and the possibility for additional protective measures.
Current Developments Regarding Tax Collection
Authors: Tsangaris Y.
Published: December 2023

This note outlines recent legislative amendments that give the tax
authorities greater powers to collect tax debts, which were implemented, in
part, in response to the promptings of the institutions providing financing to
the Cyprus government to assist with the recovery of the its economy.
Legislation Requires Withholding Tax To Be Paid on Certain Payments to Branches Established in Greece but Not Payments between Greek Companies
Authors: Perrou K.
Published: December 2023

A new Income Tax Code was introduced in Greece effective 1 January 2014, article 62 of which identifies payments that are subject to withholding tax. This note describes the provisions and demonstrates that, in certain respects, they are incompatible with both the EU fundamental freedoms and the non-discrimination provisions of tax treaties.
Tax Issues in Consensual Debt Restructuring
Authors: Scarborough R. , Caracristi D.
Published: December 2023

This article considers the US tax consequences of restructuring debt outside bankruptcy. It is critical for both borrowers and lenders to take US federal income tax consequences into account in a restructuring, because, depending on how such a transaction is structured and other facts, those consequences may be favourable or adverse to either or both of the parties.
The OECD Model Rules and DAC7: A Critical Assessment of Selected Design and Enforcement Issues
Authors: Zilli G.
Published: December 2023

The OECD Model Rules and DAC7 have introduced a standardized reporting requirement for Platform Operators, forcing them to review and report information on the income and transactions of sellers. Amongst others, this article addresses two mandatory provisions that are included in DAC7 that may create some concerns. First, the inclusion of SME platforms raises issues regarding the limited resources and high opportunity costs for such platforms. Second, the obligation for non-EU platforms to report on EU sellers raises concerns regarding administration and enforceability.
Transparency on Steroids – Bad for Your Health?
Authors: Wiley M.
Published: December 2023

In the waning days of the Trump administration, Congress passed the Corporate Transparency Act (CTA), directing FinCEN to create a beneficial ownership registry for the US. As the CTA’s effective date approaches on 1 January 2024, questions remain about FinCEN’s proposed implementing regulations. In this Talking Points, Melissa Wiley reviews the CTA and the current state of the regulations and discusses the serious compliance and privacy issues they raise.
The Proposed Draft of the Investment Tax Reform Act
Authors: Eckl P.
Published: December 2023

This note provides an overview of the proposed new tax regime for investment funds under the Draft Investment Tax Reform Act.
The China-United Kingdom Income Tax Treaty (2011)
Authors: Cui W.
Published: December 2023

The author, in this article, considers some of the key features of the China-United Kingdom Income Tax Treaty (2011), with particular reference to the provisions on technical fees, permanent establishments, passive and other income, and anti-avoidance rules.
Equity-based compensation : Philippines
Authors: Dimagiba D.G. , Mercado K.V.
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.
Hub Structures in Light of BEPS Actions 8-10
Authors: Ferraro A.
Published: December 2023

Globalization has led MNEs to reconsider their strategic approaches from a centralization perspective, enhancing new hub structures. In light of recent literature and the OECD Guidelines issued in July 2017, this contribution tries to define the different types of such structures, depending on the functions performed, assets owned, and risk managed.
Switzerland to Adopt OECD Standard on Exchange of Information
Authors: Heuberger R. , Oesterhelt S.
Published: December 2023

Switzerland historically limited information exchange under tax treaties to information necessary to implement a tax treaty or, lately, information regarding tax fraud. Recently, however, Switzerland changed its policy, in line with OECD standards, leading to the conclusion of several treaties providing for the exchange of information for the purpose of implementing domestic laws in general. This article provides an overview of these recently negotiated tax treaties.
Transfer of Residence within the European Union: The Treatment of Pre-Existing Losses – Part 2
Authors: Rivolta A.
Published: December 2023

In this two-part article, the treatment of pre-existing losses upon a transfer of residence within the European Union is discussed. In Part 1, EC law concepts, the ideal versus actual tax treatment and ECJ case law regarding treatment in the departure state were considered. Part 2 focuses on ECJ case law regarding the arrival state, secondary EC law and possible solutions to the issues discussed.
New Precarious Government Publishes Its Tax Plans
Authors: Ambagtsheer-Pakarinen L.
Published: December 2023

The controversial new government took over in spring 2023. So far, the tax plans of the new government are rather modest and focus on maintaining the current tax system and level of taxation. The parliamentary term usually lasts for four years but there are serious doubts concerning whether the government will last the full term. This note analyses the tax plans as published by the government after being appointed.
Some Recent Decisions of the European Court of Human Rights on Tax Matters
Authors: Baker P.
Published: December 2023

In this note, the author examines recent decisions of the ECtHR relating to human rights and taxation including the application of the prohibition of double jeopardy regarding tax offences; the right to an oral hearing in tax surcharge cases; rights to enjoyment of property and the margin of appreciation; tax exemptions and tax deductions in relation to religious organizations; and confidentiality, freedom of speech and taxpayer information.
The taxation of non-residents under the new personal income tax and its
application in relation to tax treaties
Authors: Kosters L.F.
Published: December 2023

Vietnam revamped its taxation of individuals with the implementation
of its new Personal Income Tax Law. In this article, the author discusses the
impact of the new law on the taxation of non-resident individuals and how it
applies to tax treaties from an international tax perspective.
Entertainers and Sportspersons under the Revised Netherlands Tax Treaty Policy
Authors: Molenaar D.
Published: December 2023

In this note, the author comments on the Netherlands’ recent decision to reverse its tax treaty policy to exclude article 17 from new tax treaties.
Let It (Amount) B
Authors: Scandone F.S.
Published: December 2023

Amount B is a unique opportunity to increase tax certainty and at the same time reduce compliance costs. It should be seen as a tool to reduce the level of subjectivity for almost all transfer pricing analyses. Although the OECD has made a great effort in developing the approaches proposed in the 2022 Pillar One Consultation Document, it should go a courageous step further and broaden the scope in order to make Amount B more effective and enable it to achieve its aim.
Tax Issues in Consensual Debt Restructuring
Authors: Kasteren B. van , Pol J. van der
Published: December 2023

The authors present the main Dutch tax aspects of consensual debt restructurings involving Dutch debtors, including consensual debt restructurings by means of amendments of the terms and conditions of debt, debt buy-backs, debt-for-debt or debt-for-equity swaps, and debt waivers.
Business Restructuring Transactions: Key Aspects, Valuation and the Indian Perspective
Authors: Ahuja S.
Published: December 2023

This article addresses some of the more important aspects of restructuring transactions from a transfer pricing perspective. The valuation approaches used for computing exit charges will also be considered, namely the foregone profits approach and the bargaining theory.
Dividend Withholding Tax Levied on Investment Funds: Aberdeen and its Implications in France
Authors: Robert Y. , Lauratet S. , Tredaniel P. , Reillac A.
Published: December 2023

In Aberdeen the ECJ found that it was a
violation of the freedom of establishment to exempt dividends paid domestically
from withholding tax, while charging withholding tax on similar dividends paid
to a parent company (open-ended investment company) resident in another Member
State. In this note the authors examine the decision and the opportunities it
presents for investment funds to claim a withholding tax refund in association
with investments in France.
The New International Tax Ruling Procedure
Authors: Palmitessa E.A.
Published: December 2023

The author, in this note, describes the Italian regime regarding international tax rulings, analysing the subjective and objective scope of the procedure, the application process and the potential outcome.
Fiscal Federalism: A Response of Contemporary European Democratic Nations to the Global Economic Crisis
Authors: Mastellone P.
Published: December 2023

The author addresses the resurgence of fiscal federalism in Italy. In particular, the article examines the history and rationale of federalism, the various models and common principles of federalism, the Italian constitutional framework after 1948, the 2001 constitutional reform, the enactment of Law No. 42/2009, which implemented fiscal federalism in a more concrete manner, and the direction for the future.
Substance in International Taxation
Authors: Wilkie J.S.
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).
Fiscal State Aid: Lights and Shadows in the 2013 Commission Decision on the Spanish Tax Lease System
Authors: Martínez Bárbara G.
Published: December 2023

The author, in this article, critically analyses the European Commission’s ruling of 17 July 2013 finding that the Spanish tax lease system constitutes State aid to certain Economic Interest Groupings and their investors and comments on the different elements that could be taken into account by the General Court in the annulment action procedure brought on 25 September 2013 by Spain in Spain v. Commission (Case T-515/13).
Recent Legislation on the Tax Regime Applicable to “Retired Migrants”
Authors: Serbini S.
Published: December 2023

This contribution describes the new tax regime applicable to foreign and/or Italian pension holders who move their residence to the south of Italy.
The (Un)intended Consequences of the Proposed Unshell Directive
Authors: Kleefstra S.
Published: December 2023

The European Commission recently released a proposed new directive aimed at preventing tax avoidance through the use of shells. Stephanie Kleefstra explains how the proposed directive ATAD 3 (the Unshell Directive) would work, and points out some of the consequences, intended and unintended, for taxpayers in the European Union, if and when ATAD 3 takes effect.
The Tax Treatment of the Income of Internationally Active Football Referees under German Law: A Commentary on the German Federal Fiscal Court Decision in IR 98/15
Authors: Kopec A. , Schade F.
Published: December 2023

This article analyses a decision of the German Federal Fiscal Court on the taxation of football referees. The authors describe the relevant statements of the Court and examine the possibility of an analogous application of the decision to other sports. As the decision relates to an outbound case (from a German perspective), the authors address whether or not it could apply to inbound refereeing activities.
2010 Budget and Finance Act
Authors: Roxburgh D.
Published: December 2023

UK Chancellor of the Exchequer Alistair Darling presented his 2010 Budget

Budget 2010, “ Securing the recovery”, available at www.hm-treasury.gov.uk. to Parliament on 24 March 2010 following his Pre-Budget Report (PBR) on 9 December 2009.

See Douglas Roxburgh, “2009 Pre-Budget Report”, European Taxation [online], 27 January 2010. This note deals with the Budget proposals not included in the PBR and with the Finance Act 2010 (FA) itself, which became law on 8 April 2010 in advance of the UK parliamentary general election on 6 May 2010.
In Search of Elusive Profits or Adventures in Australian Transfer Pricing
Authors: Toryanik T.
Published: December 2023

After presenting a brief introduction to Australian transfer pricing rules, this article considers recent case law concerning the ability of the Commissioner to administer the transfer pricing provisions under Australian law and income tax treaties.
New Transfer Pricing Regulations: Prospects and Challenges
Authors: Olatunji Abdulrazaq Abdulateef
Published: December 2023

The author analyses the first Nigerian transfer pricing regulations, issued by the tax authorities in 2012. Also considered are future prospects and challenges for taxpayers and tax professionals in the field of transfer pricing.
The Economy as Reflected in Income Tax Data
Authors: Rao R.K.
Published: December 2023

Income tax returns provide a window of information to understand trends in the underlying economy, especially, for the formal economy. In this article, the author juxtaposes macro data from the national accounts with data from returns to reflect on changes in formalisation in the economy. The article uses information from income tax returns for India for the period 2012/13 to 2018/19 to show that there is increase in formalization in the economy, both in terms of increase in the number of wage earners filing returns and in terms of the incomes of non-corporate businesses reported for tax.
The Ulaanbaatar Declaration: 10 Key Priorities in International Taxation Identified by the Global Tax Advisers’ Platform (GTAP)
Authors: Valente P.
Published: December 2023

The tax arena is undergoing significant change driven by globalization and digitalization, and a new global tax jurisdiction is emerging. Multiple international initiatives have been launched to identify proper norms for this new context, including the EU Platform for Tax Good Governance. Against this background, the Global Tax Advisers Platform (GTAP) was initiated by tax advisers from across the globe. The GTAP’s 10 Key Priorities were set out in the “Ulaanbaatar Declaration” signed on 12 September 2018.
Commission v. France (Case C-416/17): How a Tax Dispute Gave the ECJ the Opportunity to Add a New Piece to Its Cilfit (Case 283/81) Puzzle
Authors: Sicard F.
Published: December 2023

In the context of a longstanding dispute over the tax treatment of dividends in France (the “précompte mobilier” dispute), the ECJ ruled, for the first time, that a Member State had failed to fulfil its obligations under EU law because its Supreme Court did not make a reference for a preliminary ruling to the ECJ. This note comments on the decision in Commission v. France (Case C-416/17), first providing background and then assessing its impact on future case law developments.
An Overview of the Protection of Taxpayer Rights in Portugal
Authors: Palma R.C.
Published: December 2023

This article examines the constitutional and other guarantees provided in regard to taxpayer rights in Portugal, compares these protections to those provided by international law and concludes with a discussion of the breadth and effectiveness of taxpayer protection in Portugal and the possibility for additional protective instruments, such as a tax charter or tax ombudsman.
Commission
Authors: Morales T.
Published: December 2023

This overview highlights the Commission’s (i) launch of a roadmap and public consultation on an EU digital levy, (ii) extension of the State Aid Temporary Framework until the end of 2021, (iii) request to Sweden to amend the tax treatment of non-resident public pension institutions and to France to amend the taxation of dividends paid to EEA insurance companies, and (iv) approvals of the Lithuanian, Hungarian and Danish aid schemes to support companies affected by the COVID-19 pandemic.
Transfer Pricing Legislation in Kazakhstan
Authors: Zhabbarov A.
Published: December 2023

Transfer pricing is one of the most controversial regulations in Kazakhstan. However, so far, disputes have arisen only in certain industries. As the tax authorities apply transfer pricing regulations to a wide range of taxpayers, the limitations of the law and its inconsistency with international practices are becoming more apparent. Companies planning investments in Kazakhstan should be aware of the corresponding risks because, in some instances, transfer pricing regulations in Kazakhstan may become a deal-breaker.
Capital Gains Rollovers in Korea (Rep.)
Authors: Yang H.H. , Krever R.
Published: December 2023

The authors, in this article, review the Korean capital gains tax regime generally, illustrate how rollovers operate in Korea and consider the unique aspects of the Korean incorporation rollover.
The Tax and Regulatory Limitations on International Remittances of Royalties from Brazil
Authors: Castro L. Freitas de Moraes e
Published: December 2023

In this article, the author considers the tax and regulatory restrictions regarding the international remittance of payments in respect of royalties and fees for technical assistance in Brazil and provides recommendations for taxpayers to mitigate the adverse effects of these rules.
An Analysis on Top Court Cases on Intra-Group Lending Finance Acquisition
Authors: Sousa da Câmara F. de , Maurício R.
Published: December 2023

This article analyses contradictory arbitral decisions by Portuguese courts on the deduction for tax purposes of interest on loans taken to acquire shares and the Supreme Court’s ruling refusing to harmonize the existing case law on the matter.
Santander (Joined Cases C-338/11 to C-347/11): No Withholding Tax on Dividends Paid to Most Foreign UCITS
Authors: Gouthière B.
Published: December 2023

This note comments on the recent decision of the European Court of Justice in Santander (Joined Cases C-338/11 to C-347/11), which addresses the issue of the freedom of capital and the French tax authorities’ subsequent decision to abolish withholding tax on dividends paid by French companies to most foreign UCITS.
Spotlight on Budget 2020
Authors: Susarla K. , Alagappan P.
Published: December 2023

The Indian Finance Minister announced certain key amendments to the Indian domestic tax laws through the India Budget 2020 against the backdrop of the global economic slowdown and the need for a revival of the Indian economy. The article summarizes certain key amendments with specific focus on foreign investors investing in India.
Commission
Authors: Morales T.
Published: December 2023

This overview highlights the Commission’s (i) approval of the agreement reached on the Fiscalis Programme 2021-2027, (ii) presentation of ATAD 3 and an EU single corporate tax rulebook that will replace the Common Consolidated Corporate Tax Base as part of its business tax agenda and (iii) publication of the 2021 Annual Report on Taxation.
Opinion Statement ECJ-TF 3/2015 on the Decision of the European Court of Justice in C.G. Sopora (Case C-512/13), on “Horizontal Discrimination”
Authors: CFE ECJ Task Force
Published: December 2023

This is an Opinion Statement prepared by the CFE ECJ Task Force on C.G. Sopora (Case C-512/13), which was decided by the Grand Chamber of the ECJ on 24 February 2015.
Criminal Relevance of Avoidance Transactions in Italy: Lessons from the Dolce & Gabbana Case
Authors: Valente P. , Caraccioli I.
Published: December 2023

This note looks at the circumstances in which tax avoidance will be deemed criminally relevant and, therefore, subject to criminal investigation and potential prosecution. In particular, the authors examine the recent decision of the Supreme Court in the Dolce & Gabbana case wherein it was affirmed that not all tax avoidance behaviour is criminally relevant, but only behaviour that corresponds to a specific form of avoidance expressly set forth by the law.
Preventing International Tax Competition and the Race to the Bottom: A Critique of the OECD Pillar Two Model Rules for Taxing the Digital Economy – A Developing Country Perspective
Authors: Oguttu A.W.
Published: December 2023

This article assesses the OECD Pillar Two Model Rules from a developing country perspective. The article will assist developing countries in deciding whether the Model Rules are suitable for their economies, and whether they should implement alternative provisions that are in line with the aims of the Model Rules.
Contaminación ambiental y el comportamiento económico de Moquegua-Perú: Un análisis econométrico
Authors: Laurente Blanco Luis Francisco
Published: December 2023

La principal actividad económica de la región Moquegua es la explotación minera. Esta actividad compone un porcentaje importante en las exportaciones del Perú. Sin embargo, se evidencia daños ambientales en la región producto de esta actividad que perjudica a la disponibilidad hídrica y a los pasivos ambientales. El objetivo del estudio fue verificar la relación entre el nivel de producción de minerales con las emisiones de CO2. Para la estimación se utiliza modelos cuadráticos con estimación de mínimos cuadrados ordinarios (OLS). Los resultados muestran que la producción minera incrementa las emisiones de CO2 en la región debido a la producción de cada producto minero. Luego, el cuidado del medio ambiente es necesario para garantizar el bienestar de las futuras generaciones, de no dar la atención oportuna se tendrá graves consecuencias para las futuras generaciones.
Կ. Պոլսի հայ ազգային խնամատարության օգնությունը հայ գաղթականությանը (1919-1920)
Authors: Կոնինյան Մանե Կ.
Published: December 2023

Учитывая гарантии, данные союзниками и новым османским правительством после Мудросского перемирия, армяне, рассеянные в Месопотамии и Сирии, вернулись в свои прежние поселения на территории Османской империи, надеясь вернуть себе утраченное. Однако обещания османского правительства фактически не были реализованы, практически не способствуя расселению эмигрантов. 28 февраля 1919 года по решению Национального центрального управления Константинополя, а также под контролем Константинопольского Патриархата, на базе Армянского приюта и Центральной комиссии по делам беженцев был создан «Армянский национальный приют». Последний имел свои филиалы во всех округах Константинополя, и как единственный уполномоченный орган должен был заботиться о нуждах эмигрантов и сирот. «Армянская национальная опека» провела значительную гуманитарную работу, поместив детей-сирот в детские дома, а эмигрантов в лагеря беженцев.
Considering the guarantees given by the Allies and the new Ottoman government after the Armistice of Mudros, the Armenians scattered in Mesopotamia and Syria returned to their former settlements in the Ottoman Empire hoping to regain what they had lost. However, the promises of the Ottoman government were not actually implemented, which practically did not contribute to the resettlement of the emigrants. On 28 February 1919, by the decision of the National Central Administration of Constantinople, as well as under the control of the Patriarchate of Constantinople, the "Armenian National Foster Care" was established on the basis of the Armenian Orphanage and Refugees Central Commission. The latter had its branches in all the districts of Constantinople and as the only authorized body had to take care of the needs of emigrants and orphans. The "Armenian National Foster Care" carried out significant humanitarian work placing orphans in orphanages and emigrants in refugee camps.
Միջին մասնագիտական կրթության զարգացումը Խորհրդային Հայաստանում (1960-1975)
Authors: Վարդանյան Գուրգեն Վ.
Published: December 2023

С целью эффективного развития народного хозяйства в Советской Армении в 1960-1970-х гг. необходимо было подготовить высококвалифицированные среднеспециальные кадры. Среднеспециальная образовательная система республики готовила специалистов разных отраслей промышленности, сельского хозяйства и культурной сферы. В республике необходимо было увеличить число среднеспециальных учреждений, поднять уровень образования в данных учреждениях. Основываясь на решениях и дерективах государственно-политического руководства страны, продолжалось развитие действующей системы среднеспециального образования, строились новые типовые комплексы и общежития. Материально-техническая база оснащалась современным оборудованием, лабораториями. Были пересмотрены и приведены в соответствие с требованиями времени учебные программы, планы, изданы учебные пособия и учебники на армянском языке. В вузах республики были открыты курсы по переподготовке специалистов со среднеспециальным образованием. Важное значение имело повышение стипендии учащихся техникумов и училищ, предоставление им социально-медицинских услуг. Таким образом, в республике в рассматриваемый период была проделана значительная работа по развитию системы среднеспециального образования.
In 1960-1970s to increase the effectiveness of development of national economy in Soviet Armenia, qualified human resources with secondary education were needed. The Secondary Educational System of our republic was producing specialists for different fields of industry, agriculture, education and culture. There was a need to increase the level of Specialized Secondary Education Institutions both in quality and quantity. Due to the decisions made by the authorities of state-parties, the incumbent system was extended, new typical complexes and dormitories were built for the Specialized Secondary Education Institutions, the material-technical base was enriched with new equipment and laboratories, the educational programs and plans were reviewed, the workbooks were published in native language. The great importance was given to the arrangements of the industrial practices.For advancing the quality of education, the system was enrolled with new pedagogical specialists. The educational grants were raised, the social and health guaranties were provided. Thus, in our republic, essential efforts were made for the development of Specialized Secondary Education Institutions in observed period.
Morphological aspects of the normal versus pathological liver
Authors: Chesca A. , Shambilova N.
Published: December 2023

Introduction. Chronic liver diseases stimulate a degree of hepatocyte injury. This previously mentioned modifications, alters the known liver architecture and finally ends in cirrhosis. Liver pathology as cirrhosis develops after a long period of pathological alterations. In this iddea, inflammation is a great point that results in replacement of the healthy liver parenchyma with fibrotic tissue and regenerative nodules. In addition, progressive portal hypertension, systemic inflammation, and liver failure drive cirrhosis outcomes. The management of this liver pathology, is centred on the treatment of the causes and complications. Liver transplantation can be required in some cases.

The aim of this article was to identify the best available evidences analyzing liver samples, normall and pathological.

Material and methods. Were made permanent preparations and used two colors. Hematoxylin–Eosin and also Goldner – Szekely trichrome stains stain for observation at optical microscope with x10 and x40 lens magnification. Samples liver collected during necropsy, from healthy patients and from patients diagnosed with cirrhosis.

Results and discussion. Normal liver with hepatocytes, Kiernann space, connective septa, observations using lens x10 and samples colored with Goldner Szekely trichrome stains. Beside, for comparisions, ill liver images, classic stain H&E. Inflammation is a great point that results in replacement of the healthy liver parenchyma with fibrotic tissue and regenerative nodules. In addition, progressive portal hypertension, systemic inflammation, and liver failure drive cirrhosis outcomes.

Conclusions. Our contribution in the written text, is related to the impact of physical, psychological and physiological factors. All this previously mentioned factors, area great impact on the health-related quality of life of adult patients with liver cirrhosis. The management of this liver pathology, is centred on the treatment of the causes and complications. Liver transplantation can be required in some cases.
Effect of phosphatic fertilizers, gypsum and their mode of application on yield, oil and protein content of groundnut (Arachis hypogaea)
Authors: BALDEO SINGH  , BANANI SINGH  , R. B. KHANDELWAL
Published: December 2023

A field experiment was conducted on cultivators field during the rainy seasons of 1986 and 1987 to find out the effect of single superphosphate, diammonium phosphate, gypsum and their mcde of application (full basal, full topdressing on foliage and half bmal+ half topdressing on foliage) on yield, oil and protein content of M 13 groundnut (Arachis hypogaea L.). Application of 60 kg P2C!,ha - through single superphosphate with 50 kg Sha through gypsum as full basal gave the maximum y~eld, oil and protein contents, which was on a par with single superphosphate @ 60 kg P20,ha full basal. Full - -?.- topdressing of phosphatic fertilizer and gypsum 60 days after sowing gave significantly lower yield than its conventional basal application. Single superphosphate was superior source of P to diammonium phosphate.
Effect of sowing time, cycocel spray and nitrogen fertilization on production potential of upland cotton (Gossypium hirsutum)
Authors: ISHWAR SINGH  , G. S. CHOUHAN
Published: December 2023

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Effect of split application of nitrogen on growth yield and N uptake in wetland rice (Oryza sativa)
Authors: R. B. THAKUR
Published: December 2023

Nitrogen-use efficiency in w e t l ~ drice ( O w safiva L.) was studied in a field experiment conducted during 1986 and 1987 at Pusa. The highest yield w c obtained with 100 kg Nha (40 kg N basal + 30 kg N at maxqum tillering + 30 kg Nha at panicle-initiation stage). However, it was simila to 80 kg Nha when a fraci~n of it was applied basal. ?he N uptake, apparent recovery and its efficiency were also highest under 129 kg Nha. Similar trend was recorded for the other ancillary characters and yield attributes.