bluuebunny/crossref_metadata_2025 huggingface dataset:
Phoenixing – Long Road to Reform
Authors: Joseph A.
Published: December 2023

This article discusses the taxation-related aspects of the recently released federal government’s consultation paper, which sets out proposals to combat illegal phoenixing activity in Australia. The author questions whether powers proposed to be given to the Commissioner of Taxation to recover tax liabilities from companies in financial distress may be used in a manner that discourages businesses from making genuine restructuring efforts to avoid winding up pre-insolvent companies for the long-term good of their employees and other creditors, including the Australian Tax Office. While the prevalence of phoenixing in Australia is calling out for a legal solution, the author concludes that the reforms should be approached with circumspection.
Comment by the CFE Task Force on ECJ Cases on the Judgment in Belgium SPF Finance v. Truck Center SA, Case C-282/07, Judgment of 22 December 2008
Authors: Confédération Fiscale Européenne
Published: December 2023

This is an Opinion Statement prepared by the Task Force

The members of the Task Force who took part in the discussion of this case were Stella Raventos Calvo, Isabelle Richelle, Philip Baker, Michael Lang, Franck Le Mentec, Albert Raedler and Friedrich Rödler. The views expressed in this statement do not necessarily represent the views of individual members of the Task Force or of organizations with which any of the members are associated. on ECJ Cases of the Confédération Fiscale Européenne (CFE) on the Truck Center
The judgment is by the Fourth Chamber: Judges Lenaerts (President), von Danwitz, de Lapuerta (Rapporteur), Arestis and Malenovský; Advocate General Kokott. It is notable that the decisions in Lidl Belgium (Case C-414/06, judgment of 15 May 2008) and Krankenheim Ruhesitz am Wannsee (Case C-157/07, judgment of 23 December 2008) was also issued by the Fourth Chamber with Judge Lenaerts presiding and Judge de Lapuerta as Judge Rapporteur. The Task Force has commented on the former and intends to comment on the latter case in connection with a statement on cross-border loss relief. case. The CFE is the leading European association of 32 national tax advisory organisations representing over 180,000 tax advisers.
Transfer Pricing Aspects of Intangibles: At the Crossroads between Legal, Valuation and Transfer Pricing Issues
Authors: Verlinden I. , Mondelaers Y.
Published: December 2023

The OECD Global Forum on Tax Treaties and Transfer Pricing in a Changing World, held in Paris on 21-22 September 2009, included a session on the treaty and transfer pricing aspects of the characterization of intangibles. In addition to considering the highlights of this session, the authors analyse the underpinnings of the issue, including the determination of whether a definition of intangibles is at all needed for transfer pricing purposes.
Corporate Loss Utilization through Aggressive Tax Planning
Authors: Guo W. , Tseng S. , Wei N. , Xu Y.X.
Published: December 2023

Global corporate losses have increased significantly in recent years. Where the resulting loss carry-forwards cannot regularly be utilized by taxpayers, it may happen that some of them look for loopholes and develop aggressive tax planning techniques in order to deploy the use of the losses in tax planning. For this Comparative Survey, the authors look into corporate loss utilization and present a description and analysis of the situation in their country. Country report on China.
The Challenges of Client Tax Integrity Testing for Banks in the Netherlands (and Soon Elsewhere?)
Authors: Russo R. (Ronald) , Hein R.
Published: December 2023

In this article, the authors consider the issues and problems that the new Dutch client tax integrity testing procedures of De Nederlandsche Bank (the Dutch Central Bank) will raise for financial institutions that operate in the Netherlands. They expect other central banks to follow this Dutch development with great interest.
From Tax Haven to a Competitive Tax System
Authors: Pascual Teixidó A.
Published: December 2023

Andorra, a country previously with no income taxes, has been
undertaking a monumental tax reform process over the last few years, which
includes the introduction of a corporate income tax and an individual income
tax. This article addresses, in particular, the new tax regime, as well as the
impact of the tax reform on France and Spain.
Latvia as a Holding Company Jurisdiction
Authors: Kronbergs Z.G.
Published: December 2023

This article examines aspects of the corporate tax system of relevance to holding companies, including the treatment of inbound income streams, transfer pricing, withholding taxes on outbound payments, interest, losses, group taxation and a notional interest deduction, mergers and demergers, company migration, Latvia’s tax treaty network and the tax rate and general tax climate, followed by a brief survey of non-tax issues.
The Deduction of Corporate Costs in Portugal: Recent Developments
Authors: Martins A.
Published: December 2023

In 2014, the general principle regarding the deduction of corporate costs under the Corporate Income Tax Code was changed. The requirement that a cost be indispensable in generating revenue was abandoned in favour of a new provision pursuant to which costs have to be incurred in order to obtain or secure income. This article explores how the tax authorities, taxpayers and courts can interpret this change, as well as recent international trends regarding this core issue of corporate taxation.
Uncertain Tax Positions, Uncertain Tax Benefits and Uncertain Tax Treatments: Same, Same but Different!
Authors: Berg T. van den , Janssen B. (Bart)
Published: December 2023

It is generally known that in the last three years, multinationals have faced increased scrutiny from various stakeholders. Presently, this has unarguably culminated in the European Commission’s claim that the Netherlands and Luxembourg have granted unlawful State aid. This assertion is the stepping stone to the authors’ explanation and discussion of the recognition and measurement issues surrounding tax risks and liabilities under both IFRS and US GAAP.
Non-Business-Motivated Loans: Considerations from an Economic Perspective
Authors: Reyneveld J. , Bonekamp M.
Published: December 2023

This article looks into numerous issues raised by Dutch Supreme Court rulings on non-business-motivated loans, including economic approaches for assessing whether a loan can be considered business motivated or not. Furthermore, the consequences of a non-business-motivated loan are described and guidance is provided for mitigating the risk of having a non-business-motivated loan.
Post-BEPS Application of the Arm’s Length Principle to Intangibles Structures
Authors: Pankiv M.
Published: December 2023

The arm’s length principle, as embedded in article 9 of the OECD Model Convention, is not an anti-avoidance rule and has been misidentified as the primary tool to tackle certain abusive behaviours of multinational enterprises. This article refers to the new OECD guidelines on intangibles as background and provides an overview of the new approaches to transfer pricing analysis in the context of intellectual property; analyses the impact thereof on existing business models; and defines the limitations imposed by the arm’s length principle, as a general principle of international tax law, on making transactional adjustments and disregarding intellectual property arrangements by the tax authorities.
Anti-Tax Avoidance Measures in China and India: An Evaluation of Specific Court Decisions
Authors: Lampreave P.
Published: December 2023

Anti-tax avoidance and evasion measures are matters of great concern for both tax authorities and taxpayers. These concerns are particularly relevant in China and India, given the rapid growth of investment and the lack of experience in dealing with such issues, and as both countries have recently incorporated changes into their legislations that are analysed here.
30 Years of Direct Tax Litigation before the Court of Justice of the
European Union: An Empirical Survey
Authors: Schaper M.G.H.
Published: December 2023

This article presents an empirical survey of ECJ case law in the field
of direct taxes from 1983 through 2013. This systematic retrospective uses
aggregated metadata about all 267 cases which have been referred to the ECJ
over that 30-year period.
Council
Authors: Morales T.
Published: December 2023

This overview highlights the Council’s extensions of the (i) authorizations given to Latvia and Romania to apply a higher VAT registration threshold for small businesses, (ii) authorization given to Romania to limit the VAT deduction right for motorized vehicles to 50% and (iii) application period for the simplified VAT recovery mechanism for tolls on the Öresund fixed link between Denmark and Sweden.
Comparison of the OECD and ILADT Model Conventions
Authors: Schoueri P.
Published: December 2023

In this article, the author compares the OECD and ILADT Model
Conventions, taking into account the principles of source and residence and tax
policy objectives.
Pro Rata Deduction of Negative Income from Income Received in Each Member State
Authors: Niesten H.
Published: December 2023

This note explores the ECJ’s decision in X v. Staatssecretaris van Financiën (Case C-283/15), wherein the Court held that denying a self-employed non-resident taxpayer, who receives 60% of his income from the Netherlands, a deduction for interest expenses related to his dwelling in another Member State when that taxpayer does not receive sufficient income in that Member State to qualify for such a deduction, is contrary to the freedom of establishment.
Policy Considerations When Using Tax Incentives for Foreign Investment
Authors: Nam B. , Hong S.H. , Andriansyah A.
Published: December 2023

Many countries are facing two potentially conflicting policy priorities – supporting economic recovery and rebuilding policy space – in the post-pandemic period. Strong investment is essential to boosting the recovery momentum, but generous fiscal incentives to attract FDI could hamper the government’s efforts to rebuild fiscal policy space. Meanwhile, ongoing discussions on global tax reforms will force the authorities to revisit their tax incentive system. In this context, this article reviews the literature on tax incentives and proposes key elements for the efficient and effective use of tax incentives for FDI. The proposed elements are grouped into three pillars: design, management, and governance. Designing the tax incentives should be based on a comprehensive FDI strategy, suitable instruments and clearly defined eligibility criteria for FDI in strategically targeted sectors. Well-designed tax incentives should be implemented transparently under a life-cycle management framework with cost-benefit analysis and pre-specified sunset provisions. Good governance framework can greatly facilitate the effective and efficient design and management of tax incentives, while international cooperation can address the issues related to tax competitions and tax evasion.
Tax Accounting – Key Themes and Recent Developments in the United
Kingdom
Authors: Roxburgh Douglas
Published: December 2023

Trading profits must be computed for UK tax purposes in accordance
with Generally Accepted Accounting Practice. There are, however, significant
adjustments to accounting profits prescribed by statute for tax purposes.
Despite consultation, there has been no significant progress towards the
complete alignment of accounting and tax profits.
Tax Treatment of Trusts in Austria
Authors: Schmidt N.
Published: December 2023

In this article, the author provides an overview of the tax treatment of trusts in Austria, which, although virtually unknown under statutory civil and tax law, must nevertheless be addressed. Issues that will be dealt with include the attribution of a trust’s income, the income taxation in Austria of beneficiaries, settlors and trustees, as well as Austrian transfer taxes possibly falling due in connection with trusts.
Stapled Structures – Toughening up the Rules
Authors: Joseph A.
Published: December 2023

The enactment of the Stapled Structures Act in 2019 has added another layer of complex rules to the already existing restrictions on stapled structures in Australia. The increase of withholding tax on payments to non-resident investors may significantly discourage foreign investment in managed investment trusts in Australia.
Favourable Tax Regime for Intellectual Property Rights: Clarification by
a New Circular
Authors: Schaffner J. , Manhaeve K. , Trouiller F.
Published: December 2023

On 5 March 2009, the Luxembourg direct tax administration published a
circular (the Circular) providing guidelines in relation to the intellectual
property regime (IP Regime), which was introduced on 1 January 2008. Under the
IP Regime, a partial tax exemption of 80% applies to net income and capital
gains deriving from certain intellectual property rights acquired or created
after 31 December 2007. This note considers the clarification provided by the
Circular.
Improving Treaty Dispute Resolution: An Australian Perspective
Authors: Spencer J. , Mills A.
Published: December 2023

This article addresses current issues relating to the arbitration provision of article 25 of the OECD Model and recent Australian taxation dispute developments at the domestic level. Both of these are considered in the context of the OECD Base Erosion and Profit Shifting initiative.
The taxation of permanent establishments
Authors: Nguyen N. , Llanes Navarro C.
Published: December 2023

A practical insight on the taxation of permanent establishments under
the new corporate income tax law.
Supreme Administrative Court Ruling on Location Savings
Authors: Raunio M.
Published: December 2023

The author considers a March 2013 court ruling on location savings –
the first published ruling on this subject in Finland.
Implementation of the EU Anti-Tax Avoidance Directive (2016/1164) in Portugal
Authors: Ochôa J.
Published: December 2023

In this article, the author discusses implementation of the EU Anti-Tax Avoidance Directive (2016/1164), as amended (ATAD) in Portugal. The article covers all of the ATAD’s rules, i.e. interest limitation, exit taxation, general anti-abuse, controlled foreign companies and hybrid mismatch rules. The author presents some features of the rules existing at the time of implementation and comments on the main changes that took place as a result of implementation of the ATAD.
An Overview of Arm’s Length Approaches to Thin Capitalization
Authors: Coronado L. , Cheung P. , Kyte J.
Published: December 2023

Tax authorities in key Asian jurisdictions have introduced thin capitalization regimes that provide for an arm's length analysis. As such, it is important and useful for tax and finance executives to know how to conduct and document such an analysis. This article provides practical guidance to conducting an arm's length analysis on thin capitalization and sets out best practices on preparing and maintaining supporting documentation. Topics considered include possible means by which the tax authorities may apply the arm’s length principle in the context of working a thin capitalization case, and a discussion of those things that tax authorities tend to like and dislike seeing in reviewing a taxpayer's documentation.
The European Union and the United States: The Good Old Tax “Frenemies” in the Shadows of Reforms
Authors: Pistone P. , Brauner Y.
Published: December 2023

In this article, the authors discuss the long-standing cooperation between the United States and the leading Member States of the European Union and comment on recent tax developments in these countries.
Insights into Compensation and the Effectiveness of Withholding Tax Refunds and Interest Payments: ECJ Decision in E. v. Dyrektor Izby Administracji Skarbowej we Wrocławiu (Case C-322/22)
Authors: Niesten H. , Prandecki P.
Published: December 2023

This note examines the ECJ preliminary ruling issued on 8 June 2023 in E. v. Dyrektor Izby Administracji Skarbowej we Wrocławiu (The Tax Chamber in Wrocław) (Case C-322/22), which challenges the EU law compatibility of Polish regulations that impose restrictions on the payment of interest on overpaid taxes based on the timing of refund requests. The ECJ emphasized the importance of the principles of effectiveness and sincere cooperation in ensuring that taxpayers receive adequate compensation for unlawfully levied taxes, including the payment of interest.
The “Transfer Pricing–Customs” Tightrope Walk
Authors: Phan A. , Gupta R.
Published: December 2023

The authors examine the issues faced by taxpayers arising from the
mismatch in transfer pricing and customs valuation in Indonesia.
Transfer Pricing Issues Relating to Marketing Intangibles
Authors: Shah R. (Rohan) , Tolani A. , Bhatnagar A.
Published: December 2023

This article outlines the issues faced in India surrounding the
transfer pricing issues of marketing intangibles. Indian jurisprudence as well
as international guidance on these issues are also discussed.
The transactional ghost of Article 9(1) of the OECD Model
Authors: Wittendorff J.
Published: December 2023

This article analyses the purpose and scope of Art. 9(1) of the OECD
Model and specifically the nature of the transfer pricing adjustments covered
by Art. 9(1). After summarizing the historical development of this provision,
the article analyses the purpose of Art. 9(1) and examines the relationship
between Art. 9(1) and the other articles of the OECD Model, the relationship
between Art. 9(1) and domestic tax law, and the adjustments that come under
Art. 9(1). The article concludes that Art. 9(1) is concerned only with genuine
transfer pricing adjustments and that transactional adjustments are outside its
scope.
The Concept of Beneficial Ownership in the Indofood and Prévost Car Decisions
Authors: Laroma Jezzi P.
Published: December 2023

The author, in this article, considers the implications of the recent judgements in the Indofood and Prévost Car cases in respect of the concept of beneficial ownership in tax treaties.
Recent Guidance on Filing the Notification on Controlled
Transactions
Authors: Stroykova S. , Joshi A. , Slavinskaya N.
Published: December 2023

This article outlines the main legal requirements regarding transfer
pricing notifications, highlights potential challenges that Russian taxpayers
may face and provides practical recommendations in this regard.
Comment from a German (Language) Perspective
Authors: Wichmann M.
Published: December 2023

From a German (language) perspective, this article comments on the suggestion made by John F. Avery Jones to use the English language version as the only authentic version of bilateral tax treaties concluded with English-speaking countries.
Qatar and International Taxation: Part III – Tax Treaties
Authors: Scalia R.
Published: December 2023

In Part III of this article, the author presents an overview of Qatar’s treaty network, focussing on selected relevant issues. Qatari treaties are addressed against the background of the OECD and UN Models with an emphasis on their common elements.
Exchanges of Shares under Polish Corporate Income Tax Legislation –
Inconsistencies in Implementation of the EC Merger Directive
Authors: Lewicki Tomasz
Published: December 2023

This article examines Polish domestic tax measures relating to
share-for-share exchange transactions from the perspective of implementation of
the EC Merger Directive. The author identifies inconsistencies in the
implementation of that directive that can result in potential disputes with the
Polish tax authorities.
The Voluntary Carbon Market – Fast-Changing Landscape and Tax Implications
Authors: Winkelman C. (Chris) , Schoueri P.
Published: December 2023

As the voluntary carbon market gets more mature, market participants are faced with significant tax and regulatory challenges that can create uncertainty and may hamper the market’s development. This article provides an overview of the fast-changing landscape and illustrates a number of the policy, legal and tax questions that will be increasingly pressing in the years to come.
Swiss Tax Treaty Policy
Authors: Schelling C.
Published: December 2023

In this article, the author presents an overview of Swiss tax treaty policy and comments on recent developments in this area.
Taxation of Derivatives
Authors: Gago U. , Yalcin B.
Published: December 2023

Although the use of derivatives has recently become more widespread in Turkey, many ambiguities regarding legal aspects and taxation remain, and work is still under way to improve the legal framework governing derivatives. This article provides a background on the taxation of derivatives in Turkey and considers certain issues of note.
Convertible Debt Instruments in International Tax Law – Part 1
Authors: Bundgaard J.
Published: December 2023

This two-part article contains an in-depth analysis of a variety of convertible debt instruments from the perspective of international tax law. Part 1 covers optional convertible instruments, mandatory and reverse convertibles, contingent convertibles, warrants and option loans and provides an overview of domestic law in a number of countries. Part 2, to be published in European Taxation 5 (2017), analyses the classification and treatment of the different types of convertible debt instruments from the perspective of EU corporate tax directives and tax treaties.
Digital Nomads and Taxes in Thailand
Authors: Sukparangsee P.
Published: December 2023

Thailand is capitalizing on its popularity as a tourist destination. Recent amendments to Immigration regulations now allow foreign nationals to stay and work in Thailand on a long-term basis, subject to certain requirements. However, despite this easing of restrictions, due consideration must be given to the tax implications that may arise, and these are discussed in the article.
Made in America: International Tax Reform 2.0 – Part 2
Authors: Pérez Gautrin C.
Published: December 2023

This article, the second of two, explores the international tax reform proposed by the Biden administration and discusses the reasons for the proposed tax reform.
New Implementing Measures for EU Place-of-Supply Change 2015
Authors: Merkx M.
Published: December 2023

On 1 January 2015, the place-of-supply rules for specific categories
of telecommunications, radio and television broadcasting, and electronic
services will change considerably for suppliers established in the European
Union, who supply those services to non-taxable persons resident in the
European Union. In this article, the author discusses the implementing measures
proposed by the European Commission in relation to those intra-Community B2C
services from 1 January 2015.
Parliament
Authors: Valério C.
Published: December 2023

This overview highlights the Parliament’s (i) call for new rules to stop illicit flows of crypto assets in the European Union; (ii) examination of shortcomings of the Netherlands tax system and recommendations for tax information exchange with Pandora Papers jurisdictions; and (iii) in-depth analysis on harmful practices and competition in the area of personal income and wealth taxation.
Cross-Border Tax Dispute Resolution in the 21st century: A Comparative Study of Existing Bilateral and Multilateral Remedies
Authors: Govind S. , Turcan L.
Published: December 2023

This article aims to provide a broad overview of the bilateral and multilateral options for dispute resolution available to investors in a cross-border tax dispute. The aim here is to discuss the potential alternatives to tax treaty dispute resolution and how the dispute resolution framework in tax treaties can learn from such procedures and be developed going forward.
Action Group of HMRC on Diverted Profits Tax
Authors: Ahlawat R. , Woodford N.
Published: December 2023

This article provides a summary of the main Diverted Profits Tax rules. In addition to analysing the rules, it also highlights some of the key challenges and practical difficulties in applying them.
Spanish Supreme Court Limits the Use of Dynamic Interpretation of Tax Treaties
Authors: Sánchez de Castro Martín-Luengo E.
Published: December 2023

In this case note, the author addresses two new judgments of the Spanish Tribunal Supremo (Supreme Court) of 3 March and 23 September 2020, in which limitations on the dynamic interpretation of model-based tax treaties were developed.
Bulgarian Tax Developments
Authors: Tzenova L.
Published: December 2023

This note discusses recent Bulgarian tax developments, including amendments to the Bulgarian National Accounting Standards in connection with the Bulgarian Corporate Income Tax Act, as well as changes in respect of tax treaty policy.
A New Style Special Issue – But It’s Still Special
Authors: Witteveen S. , Dickinson F.
Published: December 2023

The Publisher and the Managing Editor would like to update readers on an important development regarding the Bulletin for International Taxation.
Is Latin American and Caribbean Tax Policy in the Hands of the European Union? A Three-Country Case Study: The Source Principle under Attack
Authors: Riccardi Sacchi A.L.
Published: December 2023

This article aims to understand why and how – and to what extent – the European Union is shaping Latin American and Caribbean national tax systems. It, therefore, examines the effects of EU tax policy on source taxation in Costa Rica, Panama and Uruguay to establish the extent of this influence.
The Accounting and Tax Treatment of Corporate Restructuring Provisions: A Portuguese Perspective
Authors: Martins A.
Published: December 2023

This article discusses the accounting and tax treatment of provisions for restructuring, in particular, the fact that restructuring provisions are not tax deductible in Portugal. The reasons for this tax treatment are analysed and the differences between book values and income tax values that emerge from this situation are highlighted.
An Inverted Image Inspires a Question: Comments on Professor Ulrich Schreiber’s “Sales-Based Apportionment of Profits”
Authors: Wilkie J.S.
Published: December 2023

In this article, the author offers some observations in response to Professor Schreiber’s proposal for the apportionment of business profits earned by multinational enterprises and concludes with a question: Why not a minimum tax possibly configured as a withholding tax?
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s (i) agreement on the Minimum Taxation Directive; (ii) formal adoption of the Minimum Taxation Directive; (iii) work on tax matters during the Czech Presidency and suspension of the examination of DEBRA; (iv) approval of the regulation on foreign subsidies distorting the internal market; (v) approval of the conclusions on the progress of the Code of Conduct Group during the Czech Presidency; and (vi) tax priorities for the first semester of 2023, during the Swedish Presidency.
Vienna Conference
on “Recent and Pending Cases at the European Court of Justice on Direct
Taxation”
Authors: Gerzova Larisa
Published: December 2023

On 25, 26 and 27 September 2008, the Institute of
Austrian and International Tax Law of the Vienna University of Economics and
Business Administration hosted a conference on”Recent and Pending Cases at the
European Court of Justice on Direct Taxation”. This note summarizes the
proceedings of the conference.
The UN Committee of Experts and the UN Model: Recent Developments
Authors: Arnold B.J.
Published: December 2023

This article reports on the Twelfth and Thirteenth Sessions of the UN Committee of Experts on International Cooperation in Tax Matters regarding the various issues considered in relation to the next update of the UN Model and the Commentaries on the UN Model, which are planned to be published later this year.
Intervention – A Problematic New Concept in EU VAT law
Authors: Schilling P. , Hogan D. (Deirdre)
Published: December 2023

From 1 January 2010, the place-of-supply rules applicable to almost all B2B cross-border services have become much more transparent and the scope of the reverse charge mechanism has been broadened considerably. However, businesses operating under a branch structure are still confronted with the consequences of what is known as the force of attraction, which has now spread over the entire European Union. In this article, the authors explain that a couple of Member States still have their own, deviating ideas about “intervention” by the supplier’s fixed establishment in the customer’s Member State.
The Impact of the OECD/G20 Base Erosion and Profit Shifting Project on the Task for Developing Countries of Applying the Arm’s Length Principle in Practice
Authors: Collier R.S.
Published: December 2023

This article considers the practical implications of the OECD/G20 Base Erosion and Profit Shifting project regarding the application of the arm’s length principle by developing countries.
Uncertainties on the Arm’s Length Principle for Producers and Distributors: An Old Unsolved Story …
Authors: Musselli A.
Published: December 2023

This article takes inspiration from two recent cases that occurred in France and Uruguay to discuss the application of the arm’s length principle in general in circumstances that are similar to those regarding these cases.
New Reporting Requirements for Companies with Related-Party Transactions Exceeding SGD 15 million
Authors: See J.C. , Lee S.Y.
Published: December 2023

The tax authorities have announced that, with effect from year of assessment 2018, companies must complete a new Form for Reporting of Related Party Transactions for tax return purposes if the value of related-party transactions disclosed in the audited accounts for the financial year exceeds SGD 15 million.
Lost in Transfer
Pricing: The Pitfalls of EU Transfer Pricing Documentation
Authors: Guðmundsson A.K.
Published: December 2023

This article addresses the issue of transfer pricing documentation
within the European Union; the documentation rules of a number of Member States
are analysed, as well as how these rules conform to the EU Transfer Pricing
Documentation framework. The issues that arise from having divergent
documentation rules are also considered, along with the effects that the
various means of implementation have had so far and might have in the future,
and the benefits of the EU TPD from the perspective of both taxpayers and tax
authorities. Finally, the author suggests possible solutions that may
contribute to a more harmonized means of implementing, as well as interpreting,
transfer pricing documentation rules within the internal market.
EU VAT Aspects of Services Supplied in the Framework of Settling Insurance Claims
Authors: Van der Paal J. , Vyncke K. , Donnea E de
Published: December 2023

The place-of-supply rules for services that entered into force in the European Union on 1 January 2010 are aimed at simplifying the VAT rules. However, the new rules have also given rise to new reporting obligations of cross-border B2B services. In this article, the authors discuss the VAT aspects of claim handling services and other services supplied by insurance correspondents and assisters in the framework of settling insurance claims.
Scope, Mergers and Demergers in the G20/OECD Global Minimum Tax (GloBE) Rules
Authors: Pijl H.
Published: December 2023

In this article, the author examines the implications of the G20/OECD Global Minimum Tax (GloBE) Rules in relation to their scope, and mergers and demergers in an EU and a worldwide context, with emphasis on the specific rules that will be implemented in Germany, the Netherlands and the United Kingdom.
Commission
Authors: Morales T.
Published: December 2023

This overview highlights the Commission’s (i) launch of a public consultation on the EU cooperative preventive resolution programme, (ii) publication of the 2021 Taxation Trends Report, (iii) launch of a public consultation on DEBRA (Debt-Equity Bias Reduction Allowance), (iv) welcoming of the global agreement to ensure fairer taxation of multinational enterprises, (v) adoption of the EU Green Deal's Proposals and (vi) postponement of the proposal for a digital levy.
The Sustainability of Dutch Treaty Policy towards Developing Countries
Authors: Vries G.M. de
Published: December 2023

This article examines the sustainability of Dutch treaty policy towards developing countries. It argues that Dutch treaty policy adopts an ambiguous approach to developing countries. It also contributes to the theory on sustainability regarding tax treaties and the treaty policies of developed countries towards developing countries.
Treaty Benefits Allowed for Capital Gains Where Shareholder Not Merely a Name Lender
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note reviews the ruling issued by the Authority for Advance Rulings to AB Holdings, which stated that, because AB Holdings had made investments from its own funds through proper banking channels and had taken key investment decisions in its board of directors’ meetings, its management and control was in Mauritius; therefore, it was not a puppet of its United States holding company, and shares that it held in an Indian company were held by it in reality, and not in name only. Consequently, the gain derived on an intra-group transfer of the shares escaped tax in India under article 13(4) of the India-Mauritius Income Tax Treaty.
Tax Administration Releases Data on International Standard Ruling
Procedures and First International Advance Pricing Agreements
Authors: Peracin G. , Benettin S.
Published: December 2023

The authors consider the recently published report by the Italian tax
administration containing data on international standard ruling procedures and
the first APAs agreed in Italy.
The Business Purpose Test in Russian Jurisprudence
Authors: Fakthutdinov R.
Published: December 2023

This article analyses the origins of the business purpose test worldwide and how the principle has been implemented in Russia by way of the most recent court decisions.
Recent Changes in Transfer Pricing Rules
Authors: Peixoto Orsini E. , Peixoto Orsini Marcondes D.G.
Published: December 2023

A recently enacted law has brought changes to Brazilian transfer pricing rules, including changes to two methods applicable to imports, the possibility of presenting a second method during tax audits, changes in rules on financial transactions, new commodities methods and margin change requests.
Hybrid Entity Payments – Extinct Species after the BEPS Action
Plan?
Authors: Popa O.
Published: December 2023

This note discusses the OECD recommendations for domestic laws
targeting hybrid mismatch arrangements resulting from hybrid entity
payments.
Taxation of the Ride-Sharing Economy: Source Taxation through Service Permanent Establishment Provisions Revisited – The Case under the Argentine Treaty Network
Authors: Teijeiro G.O. , Vázquez J.M.
Published: December 2023

This article considers the extent to which the application of the treaty Service permanent establishment provision would permit the source taxation of business profits derived by foreign ride-sharing platforms. In particular, the recently issued preliminary opinions of the Argentine tax authorities in this respect and the resulting request for a mutual agreement procedure are examined.
Bridging the CCCTB and the Arm’s Length Principle – A Value Chain Analysis Approach
Authors: Offermanns R.H.M.J. , Huibregtse S.B. , Verdoner L.A. , Michalak J.
Published: December 2023

This article provides an analysis of the proposals for a common consolidated tax base (CCTB) and common consolidated corporate tax base (CCCTB) in the European Union in the context of transfer pricing, concluding that a value chain analysis approach is the only possible means of aligning the CCCTB rules with the arm’s length principle.
Recent Tax Jurisprudence on the Concept of Beneficial Ownership for Tax Treaty Purposes
Authors: Avella F.
Published: December 2023

This article provides an overview of recent Italian tax jurisprudence on beneficial ownership for tax treaty purposes. The aim is to find common threads, where existing, and to show, in general, how the Italian tax courts have been approaching the matter.
A Change of Paradigm in International Tax Law: Article 7 of Tax Treaties and the Need To Resolve the Source versus Residence Dichotomy
Authors: Bianco J.F. , Tomazela Santos R.
Published: December 2023

The authors, in this article, consider the problem of, and the potential solution to, the need to resolve the dichotomy between source and residence taxation with regard to international taxation and tax treaties.
Chilean Tax Agency Circular No. 29 of 2022
Authors: Flores Quiroz F.S.
Published: December 2023

This article reviews the main regulations established by Circular No. 29 of 2022, the new Circular issued by the Chilean tax authorities regarding transfer pricing.
Dealing with Debt
Authors: Whatley E.T. , Oka R.
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides a broad overview of the tax consequences arising from the sale, transfer, etc. of debt.
Withholding Tax on
Foreign Remittances – the GE India Case and Its
Implications
Authors: Sen R.
Published: December 2023

This article reviews the potential legal implications of the Indian
Supreme Court judgement in GE India Technology Centre Pvt. Ltd.
v. Commissioner of Income Tax and Another (2010) regarding the
obligation to deduct tax at source under section 195 of the Income Tax Act,
1961 and the procedural regulations governing foreign remittances.
Casenote – Information-Gathering Powers of the Commissioner
Authors: Joseph A.
Published: December 2023

This article takes a look at the recent litigation surrounding the Australian case of Hua Wang Bank Berhad. This interesting and highly relevant case dealt with the residency of five foreign entities which were trading in shares on the Australian Stock Exchange and also considered the legality of the Commissioner of the Australian Tax Office in obtaining and using information from foreign sources.
Determination of Arm’s Length Price for Sale of Shares to an Associated
Enterprise
Authors: Raj Kumar Jhabakh P.
Published: December 2023

A recent ruling of the Income Tax Appellate Tribunal considered the
method to be used to determine the arm’s length price in a sale of shares among
associated enterprises.
The OECD Public Consultation Document on Addressing the Tax Challenges of the Digitalization of the Economy: Strengths and Weaknesses of the Three Proposals for Revising Profit Allocation and Nexus Rules
Authors: Samari A.S.
Published: December 2023

The OECD’s efforts towards addressing the tax challenges arising from digitalization recently reached a new significant phase of work. Indeed, the three policy proposals embedded in the OECD Public Consultation Document on Addressing the Tax Challenges of the Digitalisation of the Economy (published in February 2019) represent a remarkable step forward in the discussion surrounding the taxation of the digital economy. The aim of this article is to contribute to such discussion by analysing the aforesaid three proposals and highlighting their strengths and weaknesses.
The Tax Treatment of Hybrid Financial Instruments
Authors: Kahlenberg C.
Published: December 2023

Hybrid financial instruments are of great practical relevance, both due to their structural flexibility and their variable treatment depending on whether they are used domestically or in cross-border transactions. This note discusses the tax treatment of selected hybrid financial instruments in the national versus international context from a German viewpoint.
Federal Court Hands Down Transfer Pricing Decision in Chevron Australia Case
Authors: Butler M. , Pengelly J. , Neilson R.
Published: December 2023

The authors review an important recent decision regarding the operation of Australia’s transfer pricing rules in relation to an intra-group credit facility.
Application of the Doctrine of Unjust Enrichment to Cases of Transfer Pricing Additions Involving the Import of Goods or Services and Cross-Border Loans
Authors: Vyas P.A.
Published: December 2023

This article deals with the issue whether tax authorities under the garb of transfer pricing adjustments are justified in recovering more taxes and duties (taken collectively) from a related-party transaction compared to a similar unrelated-party transaction and suggests measures for the interlinking of values under different taxing statutes.
Opinion Statement ECJ-TF 3/2014 of the CFE on the decision of the European Court of Justice of 23 January 2014 in DMC (Case C-164/12), concerning taxation of unrealized gains upon a reorganization within the European Union
Authors: CFE ECJ Task Force
Published: December 2023

This is an Opinion Statement prepared by the ECJ Task Force of the CFE on the ECJ decision in DMC (Case C-164/12), submitted to the European Court of Justice, the European Commission and the EU Council in December 2014.
The VAT System in the Democratic Republic of Congo and Its Challenges
Authors: Kabongo T.M.M.
Published: December 2023

On 1 January 2012, the Democratic Republic of Congo introduced value added tax in replacement of the tax on turnover to align its tax system to the recommendations of the International Monetary Fund. In this article, the author describes the main features of the VAT system and analyses the challenges that this new tax raises.
EU VAT treatment of reselling tickets
Authors: Grambeck H-M.
Published: December 2023

In this article, the author deals with the place of supply of
reselling tickets for events, more specifically the 1998 World Championship
Football in France on the basis of a decision of a German Court relating to
that event. The author not only discusses the background of the court's
decision, but also the problems and distortions resulting from the application
of the current place-of-supply rules and those that will come into effect on 1
January 2010 and 2011.
Taxation of Services and Cross-Border Withholding Issues
Authors: Lakhani S. , Rawal R.
Published: December 2023

In this article, the authors discuss the taxation of services and the
related withholding tax obligations under Indian domestic tax law and tax
treaties.
“Cloud” – A Technological Odyssey
Authors: Gupta P.
Published: December 2023

This article explores the concept of Cloud computing, its benefits and
the challenges it throws on the current international tax laws (international
tax and transfer pricing).
The Relationship between the Taxation of Business Profits and Income from Immovable Property under Tax Treaties
Authors: Kostikidis S.
Published: December 2023

This article examines the relationship between the provisions in the OECD Model on income from immovable property and on business profits, establishes the overlaps, demonstrates how these overlaps were solved by the predecessors of the OECD and domestic courts – thereby leading to qualification conflicts – and discusses how this situation is currently resolved.
An Update on the Concept of Beneficial Ownership from an Italian Perspective
Authors: Banfi L. , Mantegazza F.
Published: December 2023

This article provides an overview of the concept of beneficial ownership from an Italian perspective based on the Italian tax law framework and in light of guidance provided by the Italian tax authorities, as well as case law. The article also sheds light on recently enacted provisions that could mitigate beneficial ownership issues arising in connection with certain intra-group financing structures involving Italian companies and EU associated companies.
Whether or Not Interest Income Should Fall under the Scope of the Tonnage Tax Regime
Authors: Sprundel D.E. van , Dans K.
Published: December 2023

This article provides an overview and analysis of the Netherlands treatment of interest income under the Dutch tonnage tax regime, followed by a comparison of the tonnage tax regimes currently in force in other European jurisdictions. The article concludes that, while the Dutch tonnage tax regime provides an excellent tax incentive, its treatment of interest income is not competitive.
Treaty Relief at Source for German Partnerships: Courts Adopt Different Positions in India and Korea (Rep.)
Authors: Kempf A.
Published: December 2023

In this article, the author analyses the entitlement to treaty relief of German partnerships against the background of decisions in India and Korea (Rep.), and concludes that the Korean decision is in line with the prevailing opinion in Germany.
Technical Services Fees in Recent Tax Treaties
Authors: Law S.B.
Published: December 2023

In this article, the author surveys the various approaches to technical services fees adopted in recently concluded tax treaties. The results suggest that most recent tax treaties contain special rules, beyond those offered by the OECD Model Tax Convention, to allow source states to tax technical services fees.
Advance Pricing Agreements – A Big Step towards Certainty in the Uncertain World of Transfer Pricing
Authors: Arora T. , Gupta S. (Shikha) , Verma R. , Bhatnagar V.
Published: December 2023

India recently introduced an advance pricing agreement (APA) programme marking a paradigm shift in the decade-old transfer pricing regime. It is hoped that APAs will, amongst others, eliminate the uncertainty associated with pending litigation, minimize risk, avoid the cost of disputes with the tax authorities right from the audit stage to the courts and so on. This article outlines the key features of the Indian APA programme, along with a discussion on global practices.
The Constitutional Implications of an EU Arm’s Length Principle
Authors: Daly S.
Published: December 2023

A question that has arisen in the cases concerning tax rulings that have been brought by the European Commission is whether or not the arm’s length principle is an autonomous standard under EU law. This article seeks to explain why there is no autonomous EU arm’s length principle, or, if there were one, that this would have profound constitutional implications. In short, an EU arm’s length principle would drastically undermine the fundamental constitutional principle that taxes must be levied with the consent of the national legislature.
The IRS Transfer Pricing Roadmap: Overview and Comparison with HMRC’s
Approach to Transfer Pricing Disputes
Authors: Herrington M. , Lowell C.
Published: December 2023

The authors provide an overview of the recently released IRS Transfer
Pricing Roadmap and draw some comparisons between the new approach of the
Internal Revenue Service to the conduct of transfer pricing examinations as set
out in the Roadmap and the established practice of HM Revenue and Customs in
this space.
US Update
Authors: Hammer V.
Published: December 2023

This article, which is the first in a regular series, considers important recent developments regarding the United States and international taxation.
Supreme Administrative Court Ruling on Transfer Pricing
Authors: Konečná M. , Drašar T.
Published: December 2023

The Supreme Administrative Court set groundbreaking rules for the burden of proof in its latest transfer pricing cases, in particular in Decision 7 Afs 74/2010-81 of 27 January 2011. This article summarizes two recent court cases that have a significant impact on how transfer pricing matters should be managed in companies located in the Czech Republic.
Commissionaire Agency Permanent Establishment Structures
Authors: Andresen U.
Published: December 2023

Part of the Comparative Survey. The French Supreme Administrative
Court recently decided in the
Zimmer
case that
a French subsidiary of a foreign parent company, which operated in France under
French law as a commissionaire, did not constitute a taxable French permanent
establishment in France of the foreign company. The case has been explained in
"
Zimmer
Case: The Issue of the
Deemed Existence of a Permanent Establishment Based on Status as a
Commissionaire" by Mr Pierre-Jean Douvier and Ms Xenia Lordkipanidze
(17 International Transfer Pricing Journal 4, 2010).
Country report about this issue on Germany.
Taxation of Collective Investment Funds and Availability of Treaty Benefits
Authors: Lawless D. , Murray S.
Published: December 2023

In this article, the authors outline the advantages of Ireland as an international fund domicile of choice, highlighting the special tax regimes applicable to various types of collective investment vehicles in a domestic context as well as the tax treaty entitlement of such funds.