bluuebunny/crossref_metadata_2025 huggingface dataset:
Implications of the FBK Case on Chain Transactions
Authors: Sanders J.
Published: December 2023

This article deals with the implications of the recent ECJ decision in the
FBK
case. According to the author, the judgment emphasizes that businesses need to carefully examine the role of intermediaries in chain transactions. The author discusses all elements of the concept of a supply of goods that businesses should take into account in the analysis. He considers that the ECJ leaves some room for doubt, for example in the case of limited-risk distributors taking flash title, and explains how, in his view, VAT should be handled in such a widely used model.
Neutrality and Territoriality – Competing or Converging Concepts in European Tax Law?
Authors: Schön W.
Published: December 2023

This article is based on the Klaus Vogel Lecture delivered on 24 October 2014 at the Vienna University of Economics and Business. It criticizes the increasing recognition of territorial taxing rights in the jurisprudence of the ECJ and pleads strongly both for a unilateral discrimination test and the revival of the concept of coherence.
The Patent Box Regime
Authors: Gregory A. , Casley A. , Naish K.
Published: December 2023

This article presents an overview of the new UK patent box regime that
comes into effect as from 1 April 2013. The impact will be that companies will
be subject to a reduced rate of tax on the portion of profits derived from
qualifying intellectual property. The reduced rate is 10%. This will be phased
in over four years, from 2013 to 2017.
International Comparison of Taxation and Social Security Policies
Authors: Shiga S.
Published: December 2023

In this article, the author considers the issue of the international comparison and design of taxation and social security policies and proposes a theoretical framework, which he refers to as a “simultaneous equations model”, as all the relevant issues are addressed at the same time.
China Streamlines Taxpayer Service
Authors: Jun Wang
Published: December 2023

In this article, Wang Jun, the Minister of Taxation of the People’s
Republic of China, outlines China’s plans to improve and streamline the
provision of taxpayer service, a task that will be realized by 2020.
Iceland – The New
Corporate Tax Regime
Authors: Valdimarsson Gardar
Published: December 2023

Iceland has recently enacted significant changes to
its corporate tax regime. The purpose of this note is to describe the
amendments to as well as the main features of the Icelandic corporate tax
system.
Introduction of Restrictions on Tax Deductibility of Interest Expense
Authors: Lahdenperä O.
Published: December 2023

The author considers legislation being proposed by the Finnish Ministry of Finance to restrict the deductibility of interest expense for tax purposes, including the scope of application, the nature of the restrictions, escape clauses and the potential impact on companies doing business in Finland.
The ECJ’s Jurisprudence versus the VAT Committee’s Guideline on the “Economic” Exemption for Transportation Services to Export Goods: Time for Repair to Protect EU Business’ Global Competitiveness
Authors: Lejeune I.
Published: December 2023

In this article, the author analyses the case law of the Court of Justice of the European Union on the application of the “economic” exemption for transportation services to export goods and why all legs of the transportation to export goods are exempt of VAT. She then reviews the Guideline of the VAT Committee, which surprisingly restricts the “economic” exemption to the transporter holding an export declaration. Different scenarios are discussed to illustrate the impact on the transportation sector and its customers and on the competitiveness of EU business in global trade, highlighting the need to remedy the guidance.
Administrative Court of Appeals Case on Netting Subsidies and Costs under Cost-Plus Method
Authors: Douvier P.-J. , Daudé M.
Published: December 2023

On 11 October 2016, the Administrative Court of Appeals of Versailles ruled in a case concerning the treatment of state subsidies when determining the cost base under the cost-plus method. The case is also significant as regards the burden of proof in transfer pricing disputes.
2020 Quick Fixes: Simplification or More Complexity for Businesses? – The Explanatory Notes
Authors: Sol Rosa J.
Published: December 2023

On 4 December 2018, the Council of the European Union adopted a legislative package known as “2020 Quick Fixes” in relation to certain modifications in the field of VAT and intra-Community trade. In this article, the author makes a detailed analysis of the quick fixes based on the Explanatory Notes providing the reader with an easy-to-read document covering all the scenarios dealt with in the Explanatory Notes as well as describing the impact for businesses of the mentioned changes.
What’s New in the Oldest Part of the World?
Authors: Chatar M. , Ali N.
Published: December 2023

Whether in corporate income taxation, VAT or transfer pricing, leading Middle Eastern nations are striving to leave their mark on the world of international taxation. In the latest issue of Talking Points, Mourad Chatar and Nour Ali explain how the United Arab Emirates, Saudi Arabia and Egypt are innovating and building capacity to create and administer business-friendly tax systems for the 21st century.
DEBRA: A Good Idea?
Authors: Hulten L.C. van , Korving J.J.A.M. , Nolten A.
Published: December 2023

The European Commission published a proposal for a Council Directive aimed at addressing the debt-equity bias. The proposal is twofold: it contains an allowance on equity and an interest deduction limitation. In short, the provisions of the Directive will apply to all taxpayers which are subject to corporate income tax in one or more EU Member States, save for certain financial undertakings. This article revolves around the question: would the introduction of the Directive be a positive or a negative development for businesses operating in the European Union? In other words: would it be a good idea from a business perspective?
Moroccan OPCIs: A Boost for the Real Estate Sector?
Authors: Himmich K. , Hajoui N.
Published: December 2023

Moroccan law now provides for new vehicles dedicated to investment in real estate, with a view to attracting more funds to a strategic sector that has been undergoing difficulties in the past few years. Moroccan collective undertakings for investment in real estate (organismes de placement collectif en immobilier, OPCI) are widely inspired by their French homonyms from a tax and legal perspective, although local specificities should be borne in mind.
Keeping up with the Digital Economy
Authors: Wong A. (Adeline) , Tan M.C.
Published: December 2023

The Malaysian Inland Revenue Board released its first set of
Guidelines on Taxation of Electronic Commerce on 11 March 2013. In this
article, the authors critically analyse the guidelines and discuss how they
compare against OECD guidance on the relevant issues.
Convertible Debt Instruments in International Tax Law – Part 2
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, which was published in European Taxation 4 (2017), covered optional convertible instruments, mandatory and reverse convertibles, contingent convertibles, warrants and option loans and provided an overview of domestic law in a number of countries. Part 2 analyses the classification and treatment of the different types of convertible debt instruments from the perspective of EU corporate tax directives and tax treaties.
Trends in Anti-Avoidance Rules
Authors: Sieker S.
Published: December 2023

The author outlines the basis of Hong Kong general anti-avoidance
rules, in terms of legislative and judicial sources. The risks of taxpayers
being subjected to these rules as well as the steps they should take to
mitigate risks are also discussed.
Legislative and Administrative Aspects of the UAE Country-by-Country Reporting
Authors: Hassan B.
Published: December 2023

This article is structured to provide more practical information concerning legislative and administrative aspects of country-by-country requirements so that the UAE tax-resident multinational enterprise groups can achieve adequate and timely compliance with the requirements.
Base Erosion and Profit Shifting Impact on Transfer Pricing – Relevance
of Current Actions on India
Authors: Chakravarty A. , Gupta R. , Chaudhuri R.
Published: December 2023

This article analyses the impact of the OECD’s Base Erosion and Profit
Shifting initiative on transfer pricing with particular reference to the Indian
scenario.
The Role of Good Governance in the Tax Systems of the European Union
Authors: Martínez Bárbara G.
Published: December 2023

The objective of this article is to examine the global “tax governance movement”, looking at the concept from different angles, with particular consideration of developments in this regard in the European Union.
The Tax Treatment of Real Estate Securitization in Italy in Light of Ruling No. 132 of 2 March 2021
Authors: Trainotti A. , Fabbiano S.
Published: December 2023

This note concerns the securitization of assets in Italy. In particular, the authors discuss the history of this increasingly popular financial tool; legislative amendments that have been made, over the years, to the tax regime applicable to securitization; the application of the regime to real estate; as well as a recent tax ruling that confirms, for practitioners, the overall tax treatment of real estate securitization.
The Greek Council of State Rules on the Nature of Mutual Agreement Procedures and Their Relationship with the Judicial Proceedings before Domestic Courts
Authors: Kakali N. , Panetsos L. , Vitsa E.
Published: December 2023

This article discusses the decision 3413/2017 of the Greek Council of State regarding the relationship between mutual agreement procedures and the judicial proceedings before domestic courts, which affects the right of the taxpayer to be involved in state-to-state tax dispute resolution procedures.
What Singapore Could Learn from the New Trends for VAT/GST Taxation of B2C Digital Supplies around the World
Authors: Cannas F.
Published: December 2023

This article is a contribution to the ongoing debate in the Singaporean tax community on how to adapt the current GST system to the challenges posed by the digital economy. After having provided an overview of the relevant elements of the current Singaporean GST system, the author elaborates on the options that Singapore should evaluate in the event it decided to adapt its GST system to the major trends in this field.
Structuring Foreign Investment in the United States
Authors: Stein J.
Published: December 2023

Inward US investment is typically motivated by the benefits of fiscal transparency, a well-developed political and legal system, economic stability, and the absence of currency controls, as well as the need for privacy, asset protection and minimal worldwide taxation.
Tax Arbitration and VAT: The Portuguese Experience
Authors: Vasques S.
Published: December 2023

Since its introduction in 2011, tax arbitration has become an important element of the Portuguese justice system. In this article, the author examines its main features, its impact on VAT litigation and the growing use of tax arbitration as a fast track to the Court of Justice of the European Union.
Rollback of APAs in Greece
Authors: Perrou K.
Published: December 2023

The author reviews recently adopted legislation implementing the rollback of APAs in Greece.
Mobility of Individuals after BEPS: The Persistent Conflict between Jurisdictions
Authors: Beretta G.
Published: December 2023

In this article, the author discusses the different policies a jurisdiction can implement to address the cross-border mobility of individuals, illustrates the main defensive strategies adopted by the emigration country and relates them to the introduction of preferential tax regimes for inward expatriates by the immigration country.
Presidential Decree Eases Administrative Burden – Optional Tax Audit
Reports – A Transfer Pricing Perspective
Authors: Milewska M. , Barrett F.J.
Published: December 2023

On 30 June 2010, the Mexican government announced a series of
administrative measures through a Presidential Decree, with the intention to
allow Mexican taxpayers to comply with their fiscal obligations "more easily"
and in "less time", including the optional filing of statutory tax audit
reports. The present article considers the potential transfer pricing
implications of the recently published Presidential Decree.
The Construction Clause in Article 5(3) of the OECD Model
Authors: Seitz G.
Published: December 2023

This article examines issues arising from the interpretation and
application of the construction clause in article 5(3) of the OECD Model
(2010). It evaluates the recent case law from various countries as well as the
comments on the permanent establishment definition in the Revised Discussion
Draft on Article 5 of the OECD Model (2010).
Finance Act 2016
Authors: Maguire T.
Published: December 2023

Ireland’s most recent Finance Act was signed into law on 25 December 2016. It is a concise act, but with significant changes, the most noteworthy of which are discussed in this note.
Foreign-Located Immovable Property Protected against Discriminatory Taxation of Cross-Border Inheritance: Comments on the Huijbrechts Decision (Case C-679/17)
Authors: Szczepański J.K.
Published: December 2023

In this article, the author discusses ECJ case law on the compatibility of domestic taxes on gifts and inheritances with the fundamental freedoms, in particular the recent decision in Huijbrechts (Case C-679/17), which dealt with allegedly discriminatory Belgian inheritance tax provisions in an intra-European scenario. The analysis shows the particularities of the case in light of existing ECJ case law and its impact in relation to third countries.
Air France-KLM: The SAFE Equivalent for Services?
Authors: Bijl J.
Published: December 2023

In the ECJ decision in the Air France-KLM case, the ECJ stated that the issue of tickets by an airline company is subject to VAT where the tickets issued have not been used by passengers and the latter are unable to obtain a refund for those tickets. After briefly highlighting the facts of the case, as well as previous views given on it before it was actually decided, in this article, the author focuses on the content of the decision and, more specifically, on the potential impact of the definition of “supply of services” given by the ECJ.
Developments in Latin American Cross-Border Taxation
Authors: Akie Utumi A.C.
Published: December 2023

This article is the tenth of a series of weekly articles that will feature the sessions to be presented at the 66th Congress of the International Fiscal Association (IFA), to be held in Boston September 30 through October 4. Readers who wish to register may do so at www.ifaboston2012.com or at the IFA USA Branch website www.ifausa.org (click on the IFA 2012 Boston icon).
The Advance Pricing Agreement Process – A Mixed Blessing?
Authors: Boonsongprasert S.
Published: December 2023

Thailand issued transfer pricing guidelines in 2002 and subsequently
in 2010, issued guidance on a bilateral advance pricing agreement programme.
The author provides a description of the programme as well as look at the
impact it has had on the Thai tax system.
The European Commission’s State Aid Clampdown: The End of “Selective” Tax Rulings?
Authors: Robins N. , Shamsi S.
Published: December 2023

In October 2015, the European Commission concluded that tax rulings agreed between tax authorities and Starbucks (in the Netherlands) and Fiat Finance and Trade (in Luxembourg) constituted illegal State aid, and ordered each company to repay EUR 20 to 30 million. These decisions mark a significant milestone in the use of State aid powers by the European Commission. As tax rulings are increasingly being scrutinized, this article explores the focus of the investigations, as well as how multinationals with EU-based subsidiaries can assess whether their tax rulings are compatible with State aid rules.
Dividend Withholding Tax: Tax Reclaims within the European Union and European Economic Area and from Third Countries – How Long Should Member States Withhold?
Authors: Hurk H.T.P.M. van den , Korving J.J.A.M.
Published: December 2023

This article considers how EU law influences the avoidance of double taxation regarding withholding tax on dividend distributions. By showing the different ways to neutralize the dividend withholding tax in domestic relationships, it is explained whether those measures are, or should be, applied in all cross–border situations as well.
“Abuse” of EU Holding Companies: Fundamental Freedoms, EC Parent-Subsidiary Directive and the French Constitution – Part2
Authors: Picq E.
Published: December 2023

Based on a real-life case study, this article examines the anti-abuse measure in Art. 1(2) of the EC Parent-Subsidiary Directive (allowing for the application of domestic anti-abuse measures) in light of holding companies. In particular, the author looks at the French anti-abuse measure, compares it to similar measures of other states, discusses its compatibility with EC norms and analyses it in light of the French Constitution. The discussion should be of particular interest for third-country groups, even those without participations in French companies.
Transfer Pricing Guidance Supplements Existing Tax Code Provisions
Authors: Ogazón Juárez L.G.
Published: December 2023

The Ministry of Finance has published an Administrative Guideline that supplements Tax Code provisions on transfer pricing that were first enacted in 2009. This guidance concerns the transfer pricing methodology, documentation requirements, withholding tax and non-deductibility of certain costs and expenses as well as disclosure requirements for tax auditors.
The New “Transparency Law” and the Implementation of the Base Erosion and Profit Shifting Project on Uruguayan Transfer Pricing Regulations: Theory and Problems to Come
Authors: Bonet J. , Galeazzi A.
Published: December 2023

In order to align with the standards of the OECD BEPS Action Plan, in particular with Action 13 on transfer pricing (TP) documentation, but also with Actions 8-10, aimed to ensure that TP outcomes are in line with value creation, Uruguay has passed a law (effective for fiscal years beginning on or after 1 January 2017), which incorporates the country-by-country (CbC) report and the Master File into the current TP regulations. This article will describe the new regulations and the Uruguay TP status and will discuss how the new law in force creates several interpretation issues which may create future mismatches when interacting with other jurisdictions.
Mind the Gap: The Role of Politics and the Impact of Cultural Differences on the OECD BEPS Project
Authors: Myszkowski A.
Published: December 2023

In this article, the author considers the achievements of the OECD Base Erosion and Profit Shifting Project using socio-economic-political approaches, and attaching special attention to the failure to address problems related to the impact of cultural differences on the interpretation of anti-abuse provisions.
New Problems Caused by the COVID-19 Pandemic – Income Taxes and Social Security Contributions (An Overview)
Authors: Cejie K.
Published: December 2023

A pluralism of legal sources, as well as the parallel application of these sources in respect of employment income, complicate the area of cross-border work. During the COVID-19 pandemic, new problems have arisen for these workers, which are identified and analysed in this article. The OECD has addressed some of these issues concerning taxation; however, the application of the social security system has not been discussed to date. In the concluding section of this article, further problems expected to arise in the aftermath of the pandemic are identified.
Commissioner Announces Overhaul of General Anti-Avoidance Provisions
Authors: Butler M. , Misiajlo S.
Published: December 2023

In this article, the authors make reference to the High Court’s refusal to grant the Commissioner of Taxation special leave to appeal against the decision of the full federal court in RCI Pty Limited v. Commissioner of Taxation. They also go on to describe the government’s initiatives to overhaul the Australian anti-avoidance legislation, as well as recent cases that may have a connection with these initiatives.
South Africa's treaty network - why is South Africa the meat in the
sandwich?
Authors: Mazansky E.
Published: December 2023

An analysis of South Africa's tax treaties shows that when South
Africa concludes treaties with developed, capital-exporting countries from
which South Africa seeks to attract investment, South Africa cedes its taxing
rights to those countries. The analysis also shows, however, that South Africa
cedes its taxing rights to developing countries in which South African
businesses are more likely to invest than the other way around. This article
examines this aspect of South Africa's tax treaties and looks for answers to
this policy.
VAT Agent Triggering Permanent Establishment for Corporate Income Tax
Purposes
Authors: Visuttipat C.
Published: December 2023

This articles discusses the various ways in which an original
equipment manufacturer in Thailand providing services to foreign suppliers
risks being deemed a permanent establishment in relation to its VAT
obligations.
Opinion Statement of the CFE on Outbound Dividends: Commission v. Italy (C-540/07)
Authors: Confédération Fiscale Européenne
Published: December 2023

This is an Opinion Statement prepared by the ECJ Task Force
Members of the Task Force are: Axel Cordewener, Kelly Coutinho, Paul Farmer, Daniel Gutmann, Volker Heydt, Michael Lang, Franck Le Mentec, Pasquale Pistone, Albert Raedler, Stella Raventos-Calvo (Chair), Isabelle Richelle, Friedrich Roedler and Servaas Van Thiel. The views expressed in this statement do not necessarily represent the views of each individual member of the Task Force or of organisations with which any of the members are associated. of the Confédération Fiscale Européenne (CFE)concerning outbound dividends issued on the occasion of the Commission v. Italy case (C-540/07). Advocate General Juliane Kokott delivered her Opinion on 16 July 2009 and the ECJ decided the case on 19 November 2009. The CFE is the leading European association of 32 national tax advisory organisations representing over 180,000 tax advisers.
Introduction of an Expatriate Regime for Highly Skilled Employees
Authors: Estagerie P.
Published: December 2023

In this note, the author outlines the special regime for highly skilled workers that was recently introduced in Luxembourg. This regime applies to employees seconded to a Luxembourg company that belongs to an international group or employees recruited from abroad by a Luxembourg company.
Practical Information on European VAT
Authors: Annacondia F. , Corput W. van der
Published: December 2023

As is traditional in the first issue of each year, the green section presents the key features of the VAT systems of most European countries (both EU and non-EU), including standard and reduced VAT rates, various thresholds, the format of the VAT identification numbers and contact details of the offices of the national tax administration which process VAT refund applications or provide information to non-resident businesses on national VAT rules. The overview is compiled by the editors on the basis of information provided by the International VAT Monitor’s correspondents at the beginning of 2012.
Pillar Two Implementation – Bill Submitted to Parliament
Authors: Neugebauer J. , Richard S.
Published: December 2023

This note summarizes the Bill of Law Implementing Council Directive (EU) 2022/2523 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the European Union, which was presented by the Luxembourg government on 4 August 2023, and amended on 13 November 2023. The authors examine the main features of the Bill and its amendments and focus on some key points.
Unfinished Business: Domestic Thin Capitalization Rules and the Non-Discrimination Article in the OECD Model
Authors: Elliffe C.
Published: December 2023

This article considers the nature of the relationship between domestic thin capitalization rules and the non-discrimination article in the OECD Model, with a particular focus on foreign ownership and article 24(5). This question is addressed in an international context with reference to recent relevant tax cases.
Taxpayers in Person in the Courtroom
Authors: Vanderkerken C.
Published: December 2023

This article considers the various issues relating to the appearance of taxpayers before tax courts in Belgium.
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s contribution to the consultation on the UN Resolution on the “Promotion of inclusive and effective international tax cooperation at the United Nations”.
The Greek Saga of the Non-Recovery of the VAT on Bad Debts Comes to an End
Authors: Vitsa E.
Published: December 2023

The number of unpaid debts has risen dramatically in Greece over the last decade due to the economic crisis which has been looming upon the Greek market. This has made the VAT on such debts a significant burden for most of the businesses. The Greek VAT legislation as in force does not allow taxable persons to claim refund of the VAT on bad debts, which is ultimately borne by the businesses, jeopardizing their sustainability. In this article, the author discusses the recently issued Decision 355/2019 of the Greek Supreme Administrative Court, which clearly indicated the necessity for an amendment of the current legal framework regulating the recovery of VAT on non-collectable debts by ruling in favour of the taxable persons’ right to request such VAT and by interpreting the relevant legal provisions in light of ECJ case law.
A Comparison of the Slovak Republic’s New Participation Exemption Regime with Austria’s Regime
Authors: Götz R. , Blažejová Z.
Published: December 2023

In this note, the authors describe the new Slovak participation exemption regime, comparing and contrasting it with the longstanding equivalent Austrian regime.
Draft Law on Country-by-Country Reporting
Authors: Legostaeva K. , Stroykova S.
Published: December 2023

The authors discuss the requirements that would be imposed by draft legislation on country-by-country reporting, as well as comments and suggestions for improvement as submitted by the business community.
Business Trust – An Alternative Listing Vehicle
Authors: Chang J.
Published: December 2023

This article describes the workings of the business trust regime in Malaysia, which was first introduced on 28 September 2012, via the 2013 Budget announcements.
High Net-Worth Individuals: The Challenge for Tax Administrations, Financial Intelligence Units and Law Enforcement Agencies
Authors: Majdanska A. , Migai C. , Olowska M.
Published: December 2023

This article considers the challenges faced by tax administrations, financial intelligence units and law enforcement agencies worldwide in dealing with the taxation of high net-worth individuals, with a special focus on the experience of Africa.
The Common Consolidated Corporate Tax Base: A Desirable Alternative to a Flat EU Corporate Income Tax?
Authors: Hurk H.T.P.M. van den
Published: December 2023

In this article, the author considers the most relevant alternative to an EU corporate income tax, the Common Consolidated Corporate Tax Base (CCCTB). Specifically, he examines the theory and practicalities regarding the CCCTB, and other options that could resolve the problems encountered by companies doing business in the European Union.
Transfer Pricing: Valuation of Intangibles and Simplification – A Summary of Key Issues at the International Level
Authors: Valente P.
Published: December 2023

In this note, the elected Chairman of the Fiscal Committee of the CFE, Mr Piergiorgio Valente, provides a general outline of issues regarding the valuation of intangibles in the transfer pricing context in light of the OECD’s simplification initiative by way of introduction to the CFE Opinion Statements in this regard that follow.
The Parallel Rise of Multinational Enterprises and the Historical Development of International Tax Rules – Introspection for the New Rules to Tax the Digital Economy
Authors: Oguttu A.W.
Published: December 2023

This article traces the rise of multinational enterprises (MNEs) and the effectiveness of measures that countries have employed to ensure that MNEs pay taxes in the jurisdictions in which they transact. The article shows that, as countries enacted various taxing measures, MNEs devised tax avoidance schemes to exploit arising loopholes.
Tax Incentives for Start-up Investments in China: New Developments
Authors: Tang J. (Jieyin)
Published: December 2023

This article is a brief introduction of and commentary on the new tax policy of start-up investments in China.
2008 OECD Model : changes to the Commentary on Article 7 and the
attribution of profits to permanent establishments
Authors: Baker P. , Collier R.
Published: December 2023

An important aspect of the 2008 Update of the OECD Model pertains to
the changes to the Commentary on Art. 7 relating to the attribution of profits
to permanent establishments. The changes result in an interim version of the
Commentary on Art. 7, pending the adoption of a new version of Art. 7 and a new
Commentary, which is expected by 2010. After explaining the background to the
updated Commentary on Art. 7, the article examines the major changes made in
the 2008 Update.
Opinion Statement ECJ-TF 4/2017 on the Decision of the Court of Justice of the European Union of 9 February 2017 in X (Case C-283/15) (“Pro-Rata Personal Deductions”), Concerning Personal and Family Tax Benefits in Multi-State Situations
Authors: CFE ECJ Task Force
Published: December 2023

This CFE Opinion Statement, submitted to the European Institutions in December 2017, comments on the ECJ decision in X (Case C-283/15).
Commission
Authors: Alvarado M.
Published: December 2023

This overview highlights the Commission’s (i) notice on prohibitions and restrictions on imports and exports following Brexit, (ii) working documents on several VAT matters, (iii) decision to extend the State aid temporary framework to other measures, (iv) action to take Austria to the ECJ over indexation of family benefits, (vi) letters of formal notice to other Member States to amend their legislation in line with EU law and (vii) decision to extend the scope of the State aid investigation into Inter IKEA’ tax treatment in the Netherlands.
Cognitive Biases in Functional Analysis Interviews – Part 3: Biases Affecting Post-Interview Processing of Information and Concluding Remarks
Authors: Pansé A.
Published: December 2023

Functional analysis is a vital component of transfer pricing analysis, and functional analysis interviews are a popular way to perform it. However, functional analysis interviews often suffer from unintentional or inadvertent blind spots, known as “cognitive biases”, on the part of the participants. This is the third and concluding part of a series of articles that describe some of the most commonly observed cognitive biases, their effects and possible ways to avoid their negative impact.
Trump’s Take: A Tale of Two Tax Plans, Countless Promises and the Precarious Path to Enactment
Authors: Hammer M.
Published: December 2023

In this article, the author provides a brief outline and analysis of Trump’s tax plan, draws comparisons with the tax plan proposed by House Republicans, examines to what extent the campaign promises of recent US presidential candidates have been kept and describes, in general, the complex process of enacting US tax legislation.
Applying the Turnover Filter in Transfer Pricing
Authors: Tandon S. (Suranjali) , Swain S.
Published: December 2023

The rejection of comparables on the basis of turnover is a vexed matter, on which there have been conflicting judicial decisions. The fact is that there is scant empirical evidence of any relation between profitability and turnover. Underlying the legal argument is the presumption that market dominance may have a role in determining profitability. This article, one of the first studies of its kind, uses market shares instead to demonstrate the lack of comparability of profit-level indicators of dominant firms and smaller firms. Except for cost-based indicators, we find that for traditional as well as technology-driven sectors, large firms cannot be compared with firms with smaller market shares. The study also finds a cut-off for market share, beyond which profitability is not comparable.
Has the AAR Put
the Mauritius Saga to Rest?
Authors: Jhabakh P.R.K.
Published: December 2023

The author, in this article, analyses the recent ruling of the Indian
Authority for Advance Rulings in E*Trade Mauritius Limited
and its effect on the taxation of capital gains arising in the hands of
a Mauritian-based resident entity in respect of the sale of shares of Indian
companies.
TaxTreatment of Foreign Pension Funds
Authors: Gutmann Daniel
Published: December 2023

In this article, the authors discuss the Paris
Administrative Court of Appeals’ decision in the case of the Minister of Finance v. Fondation Stichting Unilever Pensioenfonds
Progress (Case 06-3370), wherein the Court ruled that the treatment
applicable to French pension funds under domestic tax law should be extended to
foreign non-profit organizations of the same nature.
Are Advance Pricing Agreements Experiencing a Renaissance as a Dispute Resolution Mechanism in the Era Following the OECD/G20’s Base Erosion and Profit Shifting Initiative?
Authors: Markham M.
Published: December 2023

This article examines (i) whether there is more interest in advance pricing agreements (APAs) following the OECD/G20 Base Erosion and Profit Shifting initiative, (ii) whether there is evidence of a greater openness regarding APAs, (iii) whether the use of APAs is increasing, (iv) whether multilateral APAs are viable, and (v) the reasons for a possible renaissance in APAs.
The Treatment of Services in Tax Treaties
Authors: Wijnen W. , Goede J. de , Alessi A.
Published: December 2023

This article reports on research following on from that published in the December 1997 Issue of the Bulletin for International Fiscal Documentation on “The UN Model in Practice” in examining the treatment of services in tax treaties with primary reference to the UN Model, but also the OECD Model.
Conceptual Problems of Beneficial Ownership in Respect of Agents and Nominees
Authors: Jain S. , Prebble J.
Published: December 2023

The Conduit Companies Report and certain courts have considered that the presence of dominion automatically indicates that an interposed company is not a conduit. This article argues that they have been misled by the official commentary on articles 10, 11 and 12 of the OECD Model as it stood in 1977.
An Introduction to Tax Accounting – Guest Editor's Foreword
Authors: Kloosterhof Sander
Published: December 2023

Recently, the importance of tax accounting has increased
significantly. This is a result of developments in corporate governance, such
as the Sarbanes-Oxley Act of 2002. Companies must spend more resources in this
area and must align these resources to ensure that both tax expertise and
accounting expertise work together seamlessly. This introduction to the Special
Issue of European Taxation addresses the main
developments and how tax accounting fits within the overall tax
function.
The Family Office of Tomorrow: A Canadian Perspective
Authors: Kandev M.N. , Khazam O.
Published: December 2023

In this article, the authors examine the Canadian tax challenges and opportunities for the family offices of high-net-worth individuals in light of the accelerating trends of personal mobility and intergenerational transfers of wealth.
An Overview of the French Judicial System and the Rule of Stare Decisis
Authors: Cortot-Boucher E.
Published: December 2023

In this article, the author reviews the French judicial system, and its case law, with regard to how the system affects taxation, with emphasis on the use of precedents.
Interpretative Treaty Override, Breach of Confidence and the Gradual Erosion of the Importance of Tax Treaties
Authors: Santos J.V. Guedes
Published: December 2023

This article addresses interpretative treaty override and its consequences for long-standing treaty networks. In particular, it reconciles the theory underlying tax treaties and the issues arising from Brazilian, French and US treaty practice to assess the effects of intentional misinterpretations and the reliance that taxpayers can place on treaty provisions.
VAT Rulings on Cross-Border Situations in the European Union
Authors: Lejeune I. , Vandenberghe S. , Van De Putte M.
Published: December 2023

In the framework of the EU VAT Forum, 15 Member States launched a
pilot on 1 June 2013 for private rulings relating to complex cross-border
transactions and situations involving two or more of the participating Member
States. In this article, the authors discuss the pilot, various ruling
practices in other areas of taxation and the potential future of the EU VAT
ruling practice.
Overview of General Turnover Taxes and Tax Rates
Authors: Annacondia
Published: December 2023

Almost all countries levy a general turnover tax, i.e. a tax on essentially all goods and services supplied by manufacturers, traders and service providers. Those turnover taxes are mostly levied under a VAT type of tax system and, in a decreasing number of cases, as a multi or single-stage (retail) sales tax. This annex presents an overview of those general turnover taxes and the tax rates applicable on 1 January 2016.
The Swedish Supreme Administrative Court: Adjudicating in Tax Matters
Authors: Persson Österman R.
Published: December 2023

In this article, the author describes the functioning and organization of the Swedish Högsta förvaltningsdomstolen (Supreme Administrative Court), together with its significance regarding Swedish taxation.
A Comparative Analysis of Certain Aspects of the Application of Hallmark C1
Authors: Polonska T.
Published: December 2023

In this article, the author analyses the guidance, clarifications and any other communications that have, to date, been issued by Belgium, France, the Netherlands and the United Kingdom regarding their approach to the application of hallmark C1.
Assessing the Tax Impact of Russia’s Invasion of Ukraine: Issues Arising from an International Tax Perspective and What the Future May Hold in the Post-Invasion Period
Authors: Alvarado M.
Published: December 2023

In this article, the author addresses the main tax implications of the invasion of Ukraine and how governments have responded. It describes tax incentives of the Ukraine government, measures adopted by other European countries and EU institutions, tax issues facing Ukrainian refugees and the suspension of exchange of tax information agreements by certain European countries with Russia. Finally, some reflections are provided about possible changes in the tax landscape of Ukraine in a post-invasion era.
Harmonizing Sales Tax
Authors: Hassan B.
Published: December 2023

In Pakistan, the sales tax base is divided between the supply of goods taxable by the federal government and the supply of services taxable by the provinces. This division has resulted in an unharmonized sales tax with different definitions, principles, procedures and rates for sales tax on goods and services. In this article, the author discusses existing constitutional arrangements for the collection of sales tax on goods and services in Pakistan, and analyses issues and distortions associated with unharmonized sales tax.
New Regulation Provides Clarification regarding the Tightened CFC and Anti-Tax Haven Rules
Authors: Campolo G.
Published: December 2023

In this note the author considers Regulation No. 51/E, which clarifies certain uncertainties regarding the application of the tightened CFC and anti-tax haven rules introduced in August 2009. Essentially, these rules have introduced: (1) an exception from CFC rules where the CFC predominantly carries on its activities in the local “market”; (2) an “active test” to bless the above-mentioned exception; and (3) an extension, if certain tests are satisfied, of the CFC rules to entities residing in non-blacklisted countries or territories.
Reaction to the Final OECD BEPS Package
Authors: Hankó Faragó A.
Published: December 2023

This article presents the reaction or – in certain cases – lack of reaction in Sweden to the BEPS final reports, and focuses on actions most relevant from a Swedish perspective, and the effect that they might have on existing Swedish law.
The Relationship between the EU Parent-Subsidiary Directive (2011/96) and Tax Treaties under Italian Case Law: Is Double Non-Taxation Always Undesirable?
Authors: Capitta F.
Published: December 2023

In this note, the author examines the decision of the Italian Supreme Court of Cassation in Case No. 23367/2017, given on 6 October 2017, regarding the application of a tax treaty provision to dividends received by a foreign parent company benefiting from the provisions of the EU Parent-Subsidiary Directive (2011/96) and considers the implications of double non-taxation.
Tax Treatment of Tier 1 Additional Going Concern Capital
Authors: Piot W. , Lamotte J.
Published: December 2023

Luxembourg is an important financial centre with 142 banks on the official list of the regulator as at 31 October 2011. Bearing in mind the significant role of Luxembourg in the banking sector, the authors consider the anticipated Luxembourg tax treatment of Basel III-compliant instruments.
VAT Consequences of Rewarding Staff with Vouchers
Authors: Echevarría Zubeldia G.
Published: December 2023

In this Column, the author analyses the ECJ’s judgment in GE Aircraft Engine Services, in which the court decided on whether or not the issuance of vouchers under an employee recognition programme constitutes a deemed supply of services for VAT purposes.
Real Estate Investment Trusts in Germany
Authors: Fritsch N. , Prebble J. , Prebble R.
Published: December 2023

In this third in a series of four articles, the authors examine the German real estate investment trust (REIT) regime. Previous articles dealt with REITs in the United States and the United Kingdom. A subsequent and final article concludes with a comparison of the three regimes.
Asian Trends on Pillars One and Two – Who is Jumping on Board and Who May Be Jumping Ship
Authors: Kunte A. , G V.
Published: December 2023

With great fanfare, in October 2021 the OECD announced agreement among virtually all members of the BEPS Inclusive Framework (IF) on the outline of Pillars One and Two, designed to address the tax challenges presented by the digitalization of the economy. Since then, the members of the IF have taken on the difficult work of implementing the OECD's recommendations. In this piece, Ameya Kunte and Vasudevan G examine the progress (or lack thereof) that specific Asian nations have made in implementing those pillars.
The Emergence of Esports
Authors: Overbeek S. van , Molenaar D.
Published: December 2023

In this article, the authors discuss what esports games exist, how they are played, which types of income are relevant for the various games and what are the tax consequences.
Location of Board Meetings Insufficient To Determine Place of Central Management and Control
Authors: Gupta G.
Published: December 2023

This case note explains the High Court of Australia’s November 2016 decision in Bywater Investments Limited v. Commissioner of Taxation; Hua Wang Bank Berhad v. Commissioner of Taxation, concerning the application of the central management and control test to determine corporate residence in Australia. It also canvasses the salient points of the earlier decisions of the Federal Court of Australia and the Full Federal Court of Australia, which were upheld by the High Court.
VAT Fraud, Cryptocurrencies and a Future for the VAT System
Authors: Borselli F.
Published: December 2023

In this article, the author outlines the existing interactions between cryptocurrencies, money laundering and organized VAT fraud, evaluating whether a growing use of virtual currencies may result in the development of more sophisticated fraud patterns. The adoption of blockchains, split-payment mechanisms and the definitive VAT regime are discussed as possible long-term measures to address the issue.
VAT Groups and the Right of Deduction across the European Union – Review and Analysis
Authors: Gryziak B.
Published: December 2023

VAT grouping has become more and more popular across the European Union, such that only a few Member States have remained with no such option (or, rarely, duty) for the taxable persons. However, the VAT Directive provisions on VAT grouping remain relatively high-level, leaving many questions at the discretion of the Member States. In this article, the author identifies some domestic specifics and discusses the impact of domestic VAT grouping legislation on the deductibility of input VAT and adjustments of deductions.
VAT Treatment of Cryptocurrencies – Some Thoughts on the Libra Project
Authors: Danz M.
Published: December 2023

On 18 June 2019, Mark Zuckerberg officially announced the Libra project with a popular post on Facebook. The idea of launching a global stablecoin that would benefit from an easily accessible and globally available financial infrastructure was born. Based on the blockchain system, Libra would distinguish itself from other popular cryptocurrencies (like bitcoins) for being collateralized (and therefore “stable”) and for its creation process. In this article, the author will first briefly describe the Libra project and make some observations about Libra by analysing its functioning and determining whether it is a fully stablecoin or not. She will then examine the issue from the point of view of VAT, which could possibly be taken into account on transactions made using Libra.
The Italian Branch Exemption Regime in Light of the Most Recent Domestic and International Developments
Authors: Zucchetti S. , Tombesi G. , Tardini A. , Lanfranchi O.
Published: December 2023

Changes to the definition of a permanent establishment in Italian legislation, the OECD BEPS Project and the Multilateral Instrument have led to extensive discussions about the rules to be observed when attributing profits to a permanent establishment. In this light, the authors analyse the new Italian branch exemption regime.
The VAT Exemption for Insurance-Related Services of Brokers and Agents: The Case of the “Call Centre”
Authors: Carvalho B. , Lamensch M. , Thiel S. van
Published: December 2023

The authors, in this article, examine the VAT treatment of financial services in the European Union, in particular, the VAT treatment of services outsourced by an insurance company to an independent service provider, such as a call centre.
The Neutrality of VAT and the Refund Procedure in Luxembourg
Authors: Herbain C.
Published: December 2023

For businesses, one of the important aspects of the neutrality of the VAT system is that the VAT itself must not constitute a burden on them. In this article, the author discusses the effect of VAT-related administrative obligations and procedures on the neutrality of VAT and the fact that, although the formal legislation in Luxembourg complies with the principle of neutrality, there can be doubt whether that conclusion also applies to the administrative procedure for refunding excess input VAT.
Intangibles and Location Benefits (Customer Base)
Authors: Wilkie J.S.
Published: December 2023

In this article, the author analyses the issue of intangibles and
location benefits, including the customer base, in relation to the OECD Base
Erosion and Profit Shifting initiative.