bluuebunny/crossref_metadata_2025 huggingface dataset:
The Interpretational Approaches to the Vienna Convention - Application to (Tax) Treaty Analysis
Authors: González Becerra A.
Published: December 2023

The author, in this article, attempts to ascertain whether or not the framework of the Vienna Convention on the Law of Treaties, notwithstanding its flexibility, is useful in interpreting international (tax) treaties.
Supreme Court Clarifies Fixed Place Permanent Establishment Requirements
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note explains the Supreme Court’s decision in Assistant Director of Income Tax-I v. M/s E-Funds IT Solution Inc., which held that, in order to establish a fixed place permanent establishment in India, a fixed place of business, which is at the disposal of a foreign company, and through which the business has been carried on, must exist in India. A close association between a foreign parent company and its subsidiary company in India is irrelevant to the determination of a fixed place PE.
Source Rule for Capital Gains from Stock Sales – History and Evolution
Authors: Shi X.
Published: December 2023

This article firstly explores the historical tax practices in determining the source of capital gains from share sales, and then goes on to cover the evolution of the rule in international model conventions. The author also proposes a solution to the challenges posed by the current source rule for such gains.
Permanent Establishments Associated with Business Restructurings: Spanish Supreme Court Decision of 12 January 2012
Authors: Blanco A.
Published: December 2023

This note comments on a recent Spanish Supreme Court Decision wherein the court apparently confirmed that a Swiss entity did not have a fixed place of business in Spain in relation to certain manufacturing activities or an agent in Spain with the authority to bind it in relation to its sales activities but, nevertheless, had a “manufacturing dependent agent”, a form of PE that the court, itself, devised.
Combatting Abuse by Conduit Companies
Authors: Marres O.C.R. , Groot I. de
Published: December 2023

In this article, the authors address the consequences of EU anti-abuse provisions and the EU anti-abuse principle on conduit companies and the application of tax treaties. Mainly due to the Danish cases, more guidelines are gradually being derived from case law in order to assess whether there is abuse in conduit situations. Those guidelines will probably also be important in applying tax treaties, for various reasons.
Abolition of Double Taxation in the Treaty of Lisbon
Authors: Nieminen M.
Published: December 2023

Following the entry into force of the Treaty of Lisbon and the repeal of Art. 293 of the Treaty Establishing the European Community, must the Member States abolish international juridical double taxation between each other where not covered by secondary EU law directly under the founding treaties of the European Union?
Symposium on Mandatory Disclosure
Authors: Offermanns R.
Published: December 2023

In this note, the author reports on a symposium held on 8 February 2018 in The Hague on the impact of mandatory disclosure on both tax advisors and the tax authorities.
Does the Special Tax Zone Policy Still Matter for Foreign Investment in China? An Analysis Based on the Evolution of China’s Special Tax Zones
Authors: Du L.
Published: December 2023

This article reviews the evolution of China’s policies on special tax zones since 1980. It discusses the change in the country’s approach upon the introduction of the Enterprise Income Tax Law in 2008. The author argues that China modified its special tax zone policies from that year to comply with World Trade Organization requirements, to conform with international norms and to address increasing regional disparity in its domestic economic growth, without giving up its economic development strategy of attracting foreign investment.
EU VAT Aspects of Longer Chains of Triangular Transactions
Authors: Hughes P.
Published: December 2023

The EU VAT Directive does not contain rules specifically relating to cross-border trading arrangements involving parties in various Member States and a single intra-Community movement of goods. However, the VAT Directive does contain a simplified arrangement for specific triangular transactions involving three parties in three different Member States. In this article, the author explains that the simplification measure can extend to transactions involving more than three parties, but it is then often necessary for one or more of the parties to register for VAT in another Member State.
Head Office/Branch Relationships from the Perspective of Swiss VAT
Authors: Glauser P-M.
Published: December 2023

In this article, which is derived from his presentation at the Forum of the Confédération Fiscale Européenne (CFE) on 23 April 2009, the author compares the Swiss “separate-entities” approach, under which services exchanged between businesses and their branches abroad are treated as taxable services, and the “single-entity” approach of the Court of Justice of the European Communities (ECJ), under which those services are treated as being outside the scope of VAT. He concludes that, from the perspective of the proper functioning of the VAT system, the ECJ’s approach has no real advantages.
Transfer Pricing Implications of Action 4 under the OECD’s BEPS Initiative
Authors: Hülshorst J. , Tenberge M. , Kuzmina S. , Hoß A. , Westermeier A.
Published: December 2023

The OECD’s BEPS Action 4 shall prevent multinationals from using interest deductions and other financial payments to artificially avoid or reduce taxation. This article analyses the main implications of the suggested approach, in particular its relation to the well-established arm’s length principle, potential side effects distorting business incentives and its actual impact on multinationals under different scenarios. The authors conclude that the proposed combination of the fixed and the group ratio rule marks a clear break with prevailing transfer pricing standards and will indeed affect the business of a number of multinationals around the globe.
A Commentary on the ECJ’s Decision in the Dutch Köln-Aktienfonds Deka Case and What Goes Beyond
Authors: Adema R.P.C.
Published: December 2023

This article deals extensively with the Köln-Aktienfonds Deka case on the eligibility of non-resident investment funds to a refund of Dutch dividend withholding tax (DWHT). It will place this procedure in the Dutch context and explain the similarities with the Fidelity Funds case.
Determining the Arm’s Length Interest Rate of an Intra-Group Loan
Authors: Helminen M.
Published: December 2023

In this note, the author discusses a recent decision of the Finnish Supreme Administrative Court that addresses the determination of the arm’s length interest rate in circumstances where loans are extended within a group of companies.
China and Australia’s Responses to Environmental Challenge: A
Comparative Analysis – Environmental Tax Reforms
Authors: Hu B. , Simmons R.S.
Published: December 2023

This article critically analyses and compares the responses of China
and Australia to the issues of environmental degradation and climate change
that confront the two countries. In this respect, the recent environmental tax
reforms in the two countries are set out, discussed and contrasted, and overall
conclusions advanced.
AAR Decides on Taxability of Non-Resident Indian’s Salary and Incorporation of Foreign Tax Credits in the Calculation of Resident’s Withholding Tax
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note outlines the recent ruling issued by the Authority for Advance Rulings to Texas Instruments India Private Limited, which determined that the salary paid in India to a non-resident Indian in respect of services rendered in the United States was not taxable in India, and that foreign tax credits available to a resident and ordinary resident of India may be taken into account in the calculation of the amount of withholding tax that is to be deducted by the employer from the resident’s salary.
International Tax Law Following the OECD/G20 Base Erosion and Profit Shifting Project
Authors: HJI Panayi C.
Published: December 2023

This article considers the implications of the OECD/G20 Base Erosion and Profit Shifting initiative on international tax law. It specifically questions whether the final deliverables address the problems identified at the inception of the initiative and examines the potential effects on the development of international and EU tax law.
The New European Public Country-by-Country-Reporting Requirement
Authors: Velte P.
Published: December 2023

After five years of controversial discussions, mandatory public country-by-country (CbC) reporting has been implemented at the EU level. In line with prior regulations on tax-related CbC reporting and public CbC reporting by specific industries (Regulation on prudential requirements for credit institutions and investment firms (575/2013) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 176 (27 June 2013). for institutions and firms in the commodities sector), cross-industry public CbC reporting will be mandatory for multinational group companies with consolidated group net sales of more than EUR 750 million. The present note provides an overview of, and critically evaluates, the European regulations on CbC reporting.
Polish Tax System Targets Individual Savings
Authors: Szadorska A.
Published: December 2023

This note outlines amendments to the Tax Ordinance Act concerning rules for rounding the tax base and tax due on individual interest income, which were adopted effective 1 April 2012. While the overview primarily focuses on amendments affecting interest income of individuals, the author analyses the consequences of the newly enacted regulations for financial institutions, as well as taxpayers.
Double Taxation in the European Single Market
Authors: Schwarz J.
Published: December 2023

The author, in this article, evaluates the implications for the prevention of double taxation among the Member States of the European Union of the recent Commission Communication on tax treaties and the Internal Market, and offers solutions to the problems it raises.
Social Security and Pensions Systems
Authors: Kim E-J.
Published: December 2023

This comparative survey aims to provide readers with an understanding of the social security and/or pensions systems in China, India, Indonesia, Japan, Korea (Rep.), Malaysia, Singapore and Thailand.
Tax Measures in Response to the COVID-19 Pandemic
Authors: Marais A.
Published: December 2023

This article sets out the various taxation initiatives that South Africa has introduced in response to the crisis caused by the COVID-19 pandemic.
Tax Implications of Cloud Computing - How Real Taxes Fit into Virtual Clouds
Authors: Bal A.
Published: December 2023

In this article, the author considers the tax challenges encountered by both cloud operators and their customers, together with the implications of these challenges.
India Transfer Pricing Round-Up for 2017
Authors: Bilaney S.K.
Published: December 2023

The author, in this article, analyses significant developments in Indian transfer pricing in 2017, including the rules relating to three-tier documentation, the revised safe harbour rules, key tax court rulings and progress in the Indian advance pricing agreement programme.
New Ordinance on Transfer Pricing Documentation Requirements Provides Detailed Guidance on the Implementation of BEPS Action 13 in Germany
Authors: Dawid R. , Ruhmer-Krell I. , Masters C. (Courtney) , Sommer C.
Published: December 2023

The latest version of the Ordinance on the nature, content and extent of documentation required under section 90(3) of the General Tax Code (Gewinnabgrenzungsaufzeichnungs-Verordnung)
(“GAufzV new version”), provides detailed guidance for taxpayers on the implementation of BEPS Action 13 in Germany. This article gives the reader a comprehensive discussion and explanation of the new guidance, and provides a critical evaluation thereof. The authors further put forth their view that certain of the amendments to the GAufzV new version provide requirements that are more restrictive than those of the OECD/G20 recommendations as contained in the Final Report on Action 13. This ultimately increases the risk for taxpayers that their documentation will be deemed unusable by German tax authorities and that – albeit explicitly claimed to the contrary by the German legislator in the justification of the GAufzV new version – they will need increased resources and efforts to comply with the new documentation requirements.
EU State Aid and Tax: An Evolutionary Approach
Authors: Fort E. (Edouard)
Published: December 2023

In this article, the author traces the historical development of the State aid doctrine in the direct taxation area, providing an analysis of the difference between State aid and taxation, an overview of the evolution of EU State aid policy, as well as an in-depth study into each requirement to be met in order for a measure to qualify as unlawful State aid.
Luxembourg Treatment of Corporate Tax Losses in case of a Change in
Shareholders: Recent Case Law
Authors: Hoor Oliver R. , Mercier Pierre-Philippe
Published: December 2023

On 6 July 2009 the Luxembourg Administrative Court of First Instance
(Tribunal administratif) overruled long-standing
administrative practice regarding the tax treatment of corporate tax losses
upon a change in shareholders. This note analyses previous administrative
practice, addresses the facts and reasoning of the decision, and assesses its
far-reaching implications.
Commission
Authors: Valério C.
Published: December 2023

This overview highlights the Commission’s (i) proposal for a Directive on minimum corporate taxation in the European Union, (ii) proposal for a Directive on the use of shell entities for tax purposes; (iii) proposal to use Pillar One revenues as an EU Budget source; (iv) proposal for a Regulation for protection against economic coercion by third countries; (v) Action Plan to support the development of the social economy; (vi) approval of the Italian scheme aimed at supporting companies affected by the COVID-19 pandemic; (vii) approval of the Latvian scheme aimed at supporting companies and self-employed persons affected by the COVID-19 pandemic; (viii) approval of the modification of an existing aid scheme to support the maritime transport sector in Germany; (ix) approval of the prolongation of an existing German aid scheme, exempting flights to and from certain small and remote German islands from air travel tax; and (x) approval of a Swedish “risk tax” on large credit institutions, under State aid rules.
Economic Activities under EU VAT Law
Authors: Swinkels J.J.P.
Published: December 2023

On 29 October 2009, the Court of Justice of the European Union (ECJ) delivered a judgment that throws a peculiar light on the interpretation of the concept of economic activities, which is the cornerstone of the system of imposition of VAT. In itself, the underlying issue was quite straightforward. In this article, the author discusses the ECJ’s line of reasoning and indicates that its judgment may mark the starting point of a new interpretation of the concept of economic activities.
FASTER: The European Commission’s Plans to Improve the Withholding Tax Claim Process within the European Union
Authors: Radcliffe P. , Devisscher R.
Published: December 2023

In this note, the authors discuss the Fast Track Assured and Safer Tax Excess Refunds (FASTER) proposal, the European Commission’s initiative to unify and simplify the European Union withholding tax landscape.
Tax Administration in the East African Community
Authors: Khadka R.
Published: December 2023

In this article, the author reviews the structure and functions of
semi-autonomous revenue authorities (SARAs) in selected African countries.
Transfer Pricing in the European Chemical Industry
Authors: Hickman A. , Sporken E. , Midzio M.
Published: December 2023

This article considers the transfer pricing implications of a changing European chemical industry in relation to the ever-increasing competition from outside Europe. The authors discuss the latest trends and developments within the industry and describe what the impact on the processes and supply chain of the chemical companies and their transfer pricing policies is. Finally, the article provides the practical guidance how the transfer pricing risks can be reduced.
Financial Services under New Zealand’s GST
Authors: Annacondia F. , Corput W. van der
Published: December 2023

In this article, the editors give, on the basis of Marie Pallot’s original conference paper, an overview of the history of New Zeland’s GST, the key features of New Zealand’s GST legislation and the GST treatment of financial services. Several comments to Marie Pallot’s conference paper are contained in Oskar Henkow, "Comments on the treatment of financial services in the New Zealand GST system" [unedited version].
Income Tax Implications of Financial Instruments
Authors: Gwo P. , Li A.
Published: December 2023

The rapid globalization of Taiwanese companies has acted as a catalyst for the adoption of International Financial Reporting Standards in Taiwan. In that context, this article considers the income tax implications of financial instruments in Taiwan.
United Arab Emirates : tax treaty relief on international
investment
Authors: Hull H.R.
Published: December 2023

To date, the United Arab Emirates has concluded 47 comprehensive tax
treaties, over two thirds of which are in force. This is an extensive treaty
network for a jurisdiction most of whose residents do not currently pay any
income tax. This article addresses some of the issues faced by UAE individuals,
companies and government institutions when trying to qualify for treaty relief
on income generated on their outbound investments. After discussing the sources
and interpretation of UAE treaty law, the article examines the scope of
bilateral treaties with regard to taxes, period in time, territory and persons.
To complete the analysis, the article considers some of the anti-abuse rules in
the UAE's tax treaties and in the source country's domestic law.
Is There Tax Competition in ASEAN?
Authors: Tohari A. , Retnawati A.
Published: December 2023

As a regional group, the Association of Southeast Asian Nations (ASEAN) wants to enhance its collective competitiveness to attract foreign capital. At an individual country level, each member country offers incentives to encourage foreign investors. These two interests often conflict and, in any event, this article demonstrates that, although there has been a significant decrease in statutory and effective tax rates in recent years, tax competition in ASEAN is not clearly evident.
The Text of and the Commentaries on Articles 26 and 27 – Round-Up of the Changes and Their Significance
Authors: Bethel R.G.
Published: December 2023

The UN Model (2011) includes an enhanced cross-border tax cooperation framework that encompasses a significantly broadened scope for tax information exchange, which reflects prevailing internationally accepted principles for effective exchange (article 26) and a comprehensive regime enabling assistance with the collection of taxes (article 27).
Definition and Taxation of Permanent Establishment: The Case of Nepal
Authors: Khadka R.
Published: December 2023

This article analyses the provisions regarding the definition of a PE and its taxation in Nepal under the domestic tax law as well as tax treaties. It also indicates which of Nepal’s treaties vary from the standard articles 5 and 7 of the UN and OECD Models and throws light on the need to update the ITA 2002 as well as Nepalese tax treaties in line with the recommendations made by the OECD/G20 BEPS Action Plans.
The Tax Treatment of Crypto Assets under Swiss and Turkish Law Compared
Authors: Oruclar V. , Şahin M.
Published: December 2023

The emergence and proliferation of digital payment instruments in the form of cryptocurrencies – such as Bitcoin and numerous coin and/or tokens – raises questions regarding the tax treatment of these uncertificated securities. In this article, some of these questions are answered from a Swiss and Turkish tax law perspective.
Hybrid Mismatch and Targeted Integrity Rules
Authors: Joseph A.
Published: December 2023

In addition to the hybrid mismatch rule, Australia has legislated the Targeted Integrity Rule (TIR) aimed at multinationals using interposed foreign entities to invest in Australia. This article examines the TIR and the complications associated with it.
Cross-Border Employment: Aligning Corporate Income Tax, Transfer Pricing and Wage Tax
Authors: Bonekamp M. , Karman P. , Stuyt M.
Published: December 2023

The authors assess how cross-border employment arrangements require a closer look in the post-BEPS era. As the definitions of “permanent establishment” and “economic employer” have been widened, both transfer pricing and wage tax issues are to be mapped and analysed by corporate, multinational taxpayers. This article discusses a number of issues involved with aligning corporate income tax, transfer pricing and wage tax.
Corporate Tax Changes
Authors: Tzenova L.
Published: December 2023

In this note, the author discusses recent changes to the Corporate Income Tax Act in respect of the taxation of expenses that companies incur for vehicles, employee health and social insurance plans and the purchase of company assets provided to employees for both company and personal usage (such as apartments, cars, telephones, laptops, etc.), as well as some changes in respect of the taxation of foreign legal persons.
The Taxation of Foreigners Working in China
Authors: Yang J.G.S.
Published: December 2023

This article examines the taxation of foreigners working in China and notes that tax law classifies income as ordinary and investment income. The article also considers Chinese versus foreign-source income, income effectively connected with a Chinese trade or business and foreign tax credits, and compares Chinese and US tax rules.
Post-acquisition integration - what you need to do? China
Authors: Eichelberger J. , Liu J.
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 scenario assumed is where two
foreign groups merge overseas and this is followed by: a local merger; a local
acquisition of assets; or the retention of the two separate local operating
units. Questions considered are: 1. Are there alternative approaches to local
country consolidation, including the trade-offs among (i) tax efficiency, (ii)
speed and (iii) fees/costs? 2. Are there opportunities to step up the basis of
assets? 3. Are there any leveraging opportunities that could generate
tax-efficient interest deductions? 4. What are the capital gains tax and stamp
tax issues and potential planning relating to transfers of shares to position
the subsidiaries for the ultimate consolidation? 5. How can the tax losses of
one entity be preserved? 6. What opportunities exist to restructure
intellectual property rights so as to generate tax efficiencies? 7. What tax
elections, if any, need to be made? 8. If the entities have different tax
years, can this be changed? 9. Are there any obvious tax-related employment
issues that arise? 10. Are there any other obvious tax planning
opportunities?
Income from Domain Name Registration Services Held to be Taxable Royalties
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note sets out the Delhi Income Tax Appellate Tribunal’s decision in Godaddy.com LLC v. ACIT, which held that the rendering of domain name registration services was tantamount to the rendering of services in connection with the use of intangible property that is similar to a trademark. Consequently, income received for such services was taxable as a royalty.
New Profit Attribution Rules for Construction and Exploration Permanent Establishments
Authors: Ham S. van der , Fiehler K. , Retzer D. , Otte F.
Published: December 2023

The authors consider an ordinance that contains detailed profit attribution rules for permanent establishments and industry-specific rules. In that respect, they focus on construction and exploration sectors and outline possible consequences for taxpayers operating in these industries.
Casenote - determining beneficial ownership
Authors: Karyadi F.
Published: December 2023

A recent ruling by the Indonesian Tax Court overturning the tax
authorities' stand on beneficial ownership is discussed.
New Tax Rules Applying to Interest Paid into Non-Cooperative Jurisdictions: A French Revolution
Authors: Daniel-Mayeur V.
Published: December 2023

The Third Amended Finance Act 2009 has radically changed the French approach to interest withholding tax. This new legislation provides for tax restrictions applying to transactions involving so-called “non-cooperative” jurisdictions, and will affect French issuers of debt and equity instruments, as well as French borrowers.
Tax Planning, Ethics and Our New World
Authors: van den Hurk H.
Published: December 2023

In this article, Professor Hans van den Hurk sets out his personal views on the current status of international taxation with regard to companies and individuals, and the ethical problems and dilemmas that this raises for tax specialists, both academic and professional.
Abolition of “Loop Structures” in South Africa Makes for Easier International Planning
Authors: Mazansky E.
Published: December 2023

In this article, the author examines how relaxations of the exchange control rules following recent changes to tax law in relation to, inter alia, the capital gains tax and controlled foreign company rules, have facilitated international structuring with regard to South African corporates and individuals.
Review of corporate income taxes in the SAARC region
Authors: Khadka R.
Published: December 2023

This article reviews the corporate income taxes levied in the
countries of the South Asian Association for Regional Cooperation (SAARC):
Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri
Lanka. After giving some background, the article considers the rationale for a
corporate income tax and integration of the corporate and personal income
taxes. The article then focuses on specific aspects of the corporate income tax
in the SAARC countries - deductible and non-deductible expenses, depreciation,
treatment of losses, tax rates, the minimum alternative tax and tax
incentives.
Corporate Groups in the Age of Tax Communication
Authors: Gutmann D.
Published: December 2023

The transposition of the Public CbCR Directive (2021/2101) provides an opportunity to draw attention to the trivialization of tax transparency imposed on large groups. It brings corporations into the era of communication on tax compliance and ethics. Communication is not limited to the compulsory dissemination of information: it may imply anticipating legal constraints and requires a genuinely strategic approach, both internally and with regard to third parties. This article examines some good practices that can be adopted for this purpose, as well as those actually implemented by corporate groups, particularly in France.
Convertible Bonds and Preference Shares: New Corporate Law Environment and Recent Tax Developments
Authors: Bärsch S-E. , Lakenberg T.
Published: December 2023

The German legislature recently passed a bill that set out to amend the Stock Corporation Act and to make it more attractive to issue convertible bonds and, in particular, preference shares. This article investigates the current and new corporate law provisions regarding convertible bonds and preference shares in Germany and their tax treatment. While the new corporate rules enhance the versatility of the two instruments and the legal flexibility of the issuing company, the tax consequences regarding convertible bonds must be considered very carefully due to the recent German jurisprudence.
Australian GST and Residential Property – Uncertainty Abounds
Authors: Villios S.
Published: December 2023

In this article, the author discusses the three main ways supplies of
used residential premises have been characterized by the judiciary in Australia
and several other GST and VAT jurisdictions. The author concludes that, more
than ten years after GST was introduced in Australia, it is still not clear
which method of characterization must be used in practice.
Indirect Tax and Transfer Pricing Issues in Supply Chain Management and Inbound Business Restructurings
Authors: Adoe A.
Published: December 2023

This article provides a discussion on the indirect tax and transfer pricing issues which are often overlooked in inbound business restructurings undertaken in Indonesia.
Making Sense of the Transfer
Pricing Maze
Authors: Ostwal T.P. , Vijayaraghavan V.
Published: December 2023

The authors provide a succinct overview of the development of transfer
pricing in India along with the current issues faced when navigating the
regime.
Canada Revenue Agency Guidance on Intra-Group Services and the Role of Multiple-Year Data
Authors: Scott Wilkie J.
Published: December 2023

The Canada Revenue Agency published important new guidance earlier this year concerning transfer pricing for services and data analysis that uses statistical tools. These are important aspects of Canadian transfer pricing analysis. The CRA’s comments on statistical analysis are particularly important in light of its long-standing outlook on this kind of analysis. More generally, the CRA’s comments provide more general insight into how the CRA may approach complex or “bundled” transfers the elements of which may be difficult to separate.
Provision of Services from Outside Australia
Authors: Taylor C.J.
Published: December 2023

This case note explains the Federal Court of Australia’s 2015 and 2016 decisions in Tech Mahindra v. Commissioner of Taxation, concerning the imposition of Australian withholding tax on royalty payments made to the taxpayer – which had a permanent establishment in Australia – for the provision of services to its Australian customers by its employees who were located in India at the time that the services were performed.
Role of the Preamble for the Interpretation of Old and New Tax Treaties and on the Policy of the Prevention of Treaty Abuse
Authors: De Broe L.
Published: December 2023

This article examines the effect of the preamble of tax treaties before and after the amendments made to the OECD Model (2017) on the interpretation of tax treaties with the aim of preventing their abuse.
New Tax Relief for Taxpayers Conducting Innovative Activities in Poland
Authors: Uchmańska U.
Published: December 2023

In this note, the author outlines the experience of the tax authorities and taxpayers with regard to the tax relief for R&D activity that was introduced in Poland in 2016. The note examines the details of the regime, various individual rulings of the tax authorities, as well as recent case law of the administrative courts.
The New Tax Treaty with the Netherlands
Authors: Bruinhorst C. van den , Lange M.A. de
Published: December 2023

China signed a new tax treaty with the Netherlands in May 2013 replacing the current treaty which dates back to 1987. The new treaty includes certain improvements and updates, which the authors discuss in detail including its interaction with domestic legislative provisions and possible planning opportunities.
Foreign Exchange Results and the Credit for Foreign Withholding Taxes
Authors: Kok R.
Published: December 2023

On 17 June 2011 the Dutch Supreme Court issued a ruling concerning whether foreign exchange results must be taken into account in calculating the credit for foreign withholding taxes. This article considers the Court's ruling and seeks an answer for issues that remain unresolved.
Personal Income Tax on Fixed CFC Profits: Have the Dysfunctional Rules been Remedied?
Authors: Tasalov K.
Published: December 2023

Russian taxation of CFC profits has been modified such that individuals are entitled to opt for personal income taxation on a deemed profit of a CFC. This note addresses the regime, focussing on situations in which CFC taxation would not be imposed.
Addressing the Tax Consequences of UCITS IV Cross-Border Mergers in Europe: Extending the Merger Directive as a Solution? – Part 1
Authors: Xuereb S.
Published: December 2023

This two-part article examines whether or not an extension of the rationale of the Merger Directive (2009) could be used to achieve tax neutrality in regard to cross-border mergers of UCITS in terms of the UCITS IV Directive. Part 1 analyses the UCITS IV regime, the Merger Directive and the various prototypes/mechanisms that may be used by states in the design of their domestic investment fund taxation systems. Part 2 analyses the taxable events that may arise in relation to a transaction.
Common Consolidated Corporate Tax Base: A “Fair Share” of the Tax Base?
Authors: Erasmus-Koen M.
Published: December 2023

Even though the OECD is making a Herculean effort to address the question of how international tax bases should be allocated given the lack of a higher, international authority, this question remains one of the biggest obstacles to global streamlining of taxation of businesses. How should a company with cross-border activities determine a “fair share” of profit for each state? This question has also haunted the European Union.
Tax Optimization Using Branches?
Authors: Yuan Yong S.
Published: December 2023

This article examines the possibility of replacing companies with branches in a typical central entrepreneur and/or Principal supply chain model (SCM) to optimize taxation. In this regard, the author substitute different tiers of the Principal SCM with branches and analyses the effects of these changes from an international tax perspective.
Value Creation: A Standard in Search of a Process
Authors: Morse S.C.
Published: December 2023

This article explores the idea of value creation. It imagines a worldwide dispute resolution forum and considers existing processes for developing the meaning of value creation, including OECD planning, unilateral national action and competent authority and arbitration treaty procedures. It predicts how interested parties will influence the meaning of value creation.
Tax Avoidance on Debt Buy-Backs and Authorized Investment Funds
Authors: Lallemand C.
Published: December 2023

Recent changes to legislation have closed two tax avoidance arrangements involving debt buy-backs and authorized investment fund income. This article describes the measures put in place to deal with the tax avoidance arrangements, but discusses debt buy-backs in more detail, as the measures could potentially affect transactions whose main purpose is not tax avoidance.
Evaluation of Transfer Pricing in Nigeria (2012-2020)
Authors: Adegite V.
Published: December 2023

This article evaluates the development of transfer pricing rules in Nigeria from their inception in 2012 to date.
Customs Duty Valuation and Transfer Pricing
Authors: Joseph A.
Published: December 2023

This article discusses the different valuation techniques employed by the Australian Customs and the Australian Tax Office. Although both Customs and the ATO subscribe to the same principle of “arm’s length”, the reality is that the two authorities apply differing tests when determining whether the price at which a transaction was entered into was at arm’s length.
A Matter of Fairness: Cancellation of Interest and Penalties under the Canadian Taxpayer Relief Provisions
Authors: Friedman M. , Stirling A.
Published: December 2023

The authors, in this article, consider the application of the Canadian taxpayer relief provisions and the circumstances in which the Canada Revenue Agency may cancel interest and penalties levied under the Canadian Income Tax Act. The authors also address practical limitations on the ability to secure interest and penalty relief.
The Proposed Bank Tax: To Tax or Not To Tax?
Authors: Lans V. van der
Published: December 2023

This article considers the bank tax proposed by the Dutch government in late 2011. This bank tax is considered along with two anticipated measures, namely amendments to the regulatory capital requirements for Dutch banks, which are expected to be introduced via an EU Regulation and an EU Directive, and amendments to the Dutch deposit guarantee scheme.
Recent Developments Impacting Tax and Accounting
Authors: Hammer V.
Published: December 2023

The third quarter of 2011 saw many developments impacting tax and accounting in the United States.
High Court Ruling in the Sandoz Transfer Pricing Matter – TNMM Inclusion of Booked Goodwill When Comparing with Benchmarks?
Authors: Bjørnholm N.
Published: December 2023

January 2020, the Danish High Court decided in the Sandoz case. The issue was whether under the TNMM, the exclusion by Sandoz of goodwill amortizations were justified, when comparing its EBIT margins with those of a benchmark study. This article presents an overview and discussion of the case.
Implementing the
New OECD Model Standard on Exchange of Information
Authors: Tan H.T.
Published: December 2023

This article considers Singapore’s implementation of the new standard
in the OECD Model Tax Convention with regard to the exchange of information. It
examines the background to the new standard, the new standard itself, and
Singapore’s position on the exchange of information before and after
introducing the relevant legislative changes. The article also contrasts US
treaty policy on the exchange of information with the new standard.
Can Special Attraction Regimes Lead to Treaty Residence?
Authors: Mutis S.I.
Published: December 2023

This article analyses if it is possible for individuals under special attraction regimes to be considered residents of a Contracting State under Article 4 of the OECD Model (2014). For this purpose, the regimes enacted by Australia, Portugal, Switzerland and Spain, as well as some of their tax treaties, are briefly examined.
Holding via a Partnership Ineligible for Exemption under the EC Parent-Subsidiary Directive
Authors: Świtała Filip
Published: December 2023

The author, in this note, presents a critical view of a surprising judgment of the Warsaw District Administrative Court in a case concerning the exemption from dividend withholding tax of the profits distributed by a Polish subsidiary company to its Netherlands parent company holding the shares in subsidiary via a German limited partnership. In the case, the court decided that such a holding does not qualify for the exemption under the EC Parent-Subsidiary Directive.
Proposal for an Automated Real-Time VAT Collection Mechanism in B2C E-Commerce Using Blockchain Technology
Authors: Müller R. (Robert)
Published: December 2023

The correct collection of VAT on goods and services in cross-border e-commerce remains a problem in the European Union, especially in B2C situations. In the author’s view, this results from EU tax administrations’ lack of technical and legal capacity when it comes to collecting and analysing relevant VAT data, but also from the VAT collection model that is used, which is based on self-declaration. In this article, the author proposes that blockchain could be used in e-commerce transactions to develop an automated, real-time VAT collection mechanism at the level of payment processing.
Saudi Arabia Publishes New Transfer Pricing Guidelines for Qualified Taxable Persons
Authors: Hassan B.
Published: December 2023

On 30 May 2020, Saudi Arabia published new transfer pricing (TP) guidelines to provide insight and guidance concerning the TP practice in Saudi Arabia based on the application of the TP Bylaws. In this article, the author summarizes those TP guidelines with the objective of updating the qualified taxable persons regarding their legislative and administrative responsibilities under the TP regulations and to enable them to better understand the TP regulatory framework and TP documentation requirements in Saudi Arabia.
Fees for Binding Rulings and Advance Pricing Agreements
Authors: Eigelshoven A. , Tomson S.
Published: December 2023

The authors consider the fees payable by taxpayers seeking a binding ruling or advance pricing agreement from the German tax authorities.
Emerging Transfer Pricing and International Tax Issues
Authors: Prakash Prashant
Published: December 2023

While recent audits in India have seen transfer pricing adjustments relating to share valuation by companies in related-party transactions (Shell India case) and the tax treatment of contract R&D centres in the IT sector (Microsoft India case), other international tax issues like the treatment of royalties for software use (Nokia India case) and the out-of-court conciliation process (Vodafone case) also attracted considerable attention in 2013. The author considers these emerging issues in the context of transfer pricing provisions and international taxation in India, and suggests a possible course of actions on the basis of his analysis.
The Effects of the ECtHR's Eko Elda Avee and Riener Decisions on Turkish Tax Law
Authors: Yaltı B.
Published: December 2023

This note discusses the impact of the European Court of Human Rights decisions in Eko Elda Avee (2006) and Riener (2006) on the case law of the Turkish Constitutional Court.
A Comprehensive Analysis of Proposals To Amend the Interest and Royalties Directive – Part 1
Authors: Fernandes S. Martinho , Bernales R. , Goeydeniz S. , Michel B. , Popa O. , Santoro E.
Published: December 2023

In this two-part article, the authors provide a comprehensive analysis of the issues identified in the 2009 Commission report on implementation of the Interest and Royalties Directive, which was based, in part, on an IBFD survey. Part 1 addresses issues concerning the personal scope of the Directive. Part 2 focuses on the Directive's substantive scope and issues of fraud and abuse.
Freedom of Establishment versus Free Movement of Capital: Ongoing Confusion at the ECJ and in the National Courts?
Authors: Boer S. den
Published: December 2023

The European Court of Justice (ECJ) and various national courts have ruled on whether a taxpayer may rely on the freedom of establishment and/or the free movement of capital, an issue of vital importance in situations involving third countries. This article demonstrates that the inconsistencies in the ECJ’s case law have led to differing, even contradictory, findings by various national courts.
Transfer Pricing – Criminal Tax Risks under Italian Law
Authors: Valente P. , Caraccioli I.
Published: December 2023

The authors examine the potential criminal liability of taxpayers in the transfer pricing domain. In particular, they examine the types of criminal offences, the use of estimates regarding values, cases where penalties are not to be imposed, the burden of proof and who may be found criminally liable.
US Treaty Policy and Practices Regarding Distributions from Real Estate Investment Trusts
Authors: Costa L.H. da Conceição
Published: December 2023

In this article, the author considers the US treatment of cross-border real estate investment trust (REIT) distributions given the United States’ influence on the development of the OECD approach, the fact that it is the most important REIT market and that it has the largest treaty network with REIT provisions.
Manufacturing and Trading Incentives – Where Do We Stand Now in Asia?
Authors: Dimagiba D.G. , Jacinto C.C.
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.
Triangular Treaty Cases: Putting Permanent Establishments in Their Proper Place
Authors: Yong S.
Published: December 2023

In this article, the author considers the issue of triangular treaty cases and proposes amendments to the OECD Model Tax Convention so as to enable it to resolve the issues highlighted.
Taxation of Personal Services in China
Authors: Webster M. , Guo Y.M. , O’Connell A.
Published: December 2023

This article describes the development of personal income tax in China
and examines the tax treatment of foreign employees and independent contractors
under Chinese law.
The Impact of ATAD 2 on Real Estate and Private Equity Funds
Authors: Cabollet T.C.
Published: December 2023

The EU’s second Anti-Tax Avoidance Directive (“ATAD 2” or the “Directive”) focuses on preventing hybrid mismatches that result in double non-taxation. Hybrid mismatches are commonplace in the current fund industry. This is mainly because of the wide variety of investors and investment jurisdictions, with each jurisdiction applying their own entity and income qualification rules. ATAD 2 is therefore expected to have a big impact on the real estate and private equity fund sector. In this article, the key risks that fund managers will have to deal with are described. After a brief explanation of the characteristics of the Directive, specific ATAD 2 risks will be discussed using a typical real estate/private equity fund structure as example. Risks include hybrid debt instruments, hybrid funds, platforms and SPVs, as well as double deduction scenarios. The article concludes with the expected trends for a post-ATAD 2 fund landscape.
Impact of BEPS Project on Centralized Operating Models
Authors: Bilaney S.K.
Published: December 2023

The central operating models adopted by MNEs for marketing & distribution and for procurement of commodity products may be challenged by the tax authorities in light of the BEPS Final Report. The author considers plausible transfer pricing challenges, and offers solutions that may mitigate transfer pricing risk for MNEs having central operating models.
Taxation of the Digital Economy - An EU Perspective
Authors: Westberg B.
Published: December 2023

The EU High Level Expert Group on Taxation of the Digital Economy, one
of the experts of which was the author, gave its Report on 28 May 2014. This
article comments on the characteristics of the digital economy and the Report’s
conclusions in respect of value added taxes and corporate income taxes.
In Search of Tax Policy to Boost Investment in Pakistan
Authors: Hassan B.
Published: December 2023

In the November/December 2017 issue of the Asia-Pacific Tax Bulletin, the author discussed the search for tax policy to improve taxpayer compliance in Pakistan. In this article, the author continues his enquiry, examining tax policy to boost investment in Pakistan. He evaluates the tax credit regimes in the Income Tax Ordinance 2001 available to companies, which are intended to encourage investment in plant and machinery, listing on a registered stock exchange and establishing industrial undertakings. The article explains the practical difficulties that have been encountered by companies as a result of contradictory statutory provisions and when excess tax credits arise, and discusses how they are overcome.
Casenote – Supreme Court Decides against Extraterritorial Taxation
Authors: Kumar M. , Ajinkya B.
Published: December 2023

The recent Indian decision in GVK Industries is examined. In this case, the Supreme Court held that the Parliament does not have the right to legislate on extraterritorial matters or subjects that do not have any nexus with the territory of India.
An Analysis of the Oil Fiscal Regime of Uganda
Authors: Kazi W.B. , Beyeza B.
Published: December 2023

This article analyses the oil fiscal regime of Uganda, taking into account its strengths and weaknesses in terms of its effectiveness and fiscal sustainability. The authors conclude that Uganda’s fiscal regime ensures that adequate oil revenues accrue to the government, while promoting oil sector investment, and fiscal and macroeconomic stability.
Report of the Proceedings of the Fourth Assembly of the International Association of Tax Judges (30-31 August 2013)
Authors: Sachdeva S.
Published: December 2023

The report summarizes the proceedings of the Fourth Assembly of the International Association of Tax Judges, held in Amsterdam on 30-31 August 2013.