bluuebunny/crossref_metadata_2025 huggingface dataset:
Parliament
Authors: Valério C. , Xygka A.
Published: December 2023

This overview highlights the European Parliament’s adoption of recommendations to fight tax abuse and call for active legislative measures following the Pandora Papers investigations.
Commission
Authors: Valério C.
Published: December 2023

This overview highlights the Commission’s (i) proposal for a Directive on DEBRA (Debt-Equity Bias Reduction Allowance); (ii) plan to propose legislation regulating tax advisors; (iii) approval of the Italian scheme to support agricultural, forestry, fishery and aquaculture sectors in the context of Russia’s invasion of Ukraine; (iv) approval of the German scheme to support companies in the context of Russia’s invasion of Ukraine; (v) approval of regional aid to Northern Ireland from 2022 to 2027; (vi) approval of the Italian scheme to support the tourism sector; (vii) call to Portugal to complete transposition of the 5th Anti-Money Laundering Directive; and (viii) closing of infringement procedure against Ireland regarding transposition of the ATAD interest limitation rules.
Note – Expect Heightened Transparency in Singapore
Authors: Teo D. (Desmond) , Coronado L.
Published: December 2023

In this note, the authors summarize Singapore’s participation in BEPS-initiated international agreements to facilitate exchange of information. They contend that Singapore is motivated to commit to international standards on tax cooperation because of its objective of promoting a sound environment for long-term sustainable growth, including its private banking and wealth management industry, in an environment of internationally consistent implementation and administration of exchange of information. The consequence is a new transparency norm, which need not concern taxpayers that enter into business arrangements and transactions, which have a sound commercial and tax basis.
Equity-based compensation : South Korea
Authors: Yun S.R. , Lee K.G. , Ahn S-J.
Published: December 2023

Part of a comparative survey based on selected papers presented at the
Baker & McKenzie 24th Annual Asia-Pacific Tax Conference held in Kuala
Lumpur, Malaysia on 13 and 14 November 2008. The article considers
deductibility of the related expense, tax treatment of an adjustment of the
related expense before vesting, and tax treatment of cash-settled equity based
compensation.
Netherlands Bank Tax Introduced
Authors: Kavelaars P.
Published: December 2023

This note examines a bill presented to the Dutch House of Representatives in December 2011 to implement a bank tax. The tax will exclusively affect financial institutions with a banking licence and is modelled after the UK bank tax. With this tax, the Netherlands has chosen a direction other than that proposed by the European Commission, i.e. implementation of a financial transaction tax.
The European Union on Financial Sector Taxation: What to Do if You Need
85 Billion Euro
Authors: Hein R.
Published: December 2023

The global financial crisis fuelled an equally widespread debate on
the possibility of introducing bank-specific taxes. The EU Commission has been
supportive of this idea from the start. In its Communication of 17 September
2010, the Commission sheds more light on the approach it wishes to
take.
Taxation of Cross-Border Supplementary Pensions: Still an Obstacle to the Free Movement of Workers in the European Union?
Authors: Grassi C.M.
Published: December 2023

The author, in this article, discusses the taxation of cross-border supplementary pensions in relation to article 45 of the Treaty on the Functioning of the European Union. The article addresses the current state of the law and what remains to be done (if anything) to ensure that the taxation of cross-border pensions will not represent an obstacle to the free movement of workers in the European Union.
Japan Consumption Tax on Cross-Border Supplies of Services
Authors: Nishida Yuki
Published: December 2023

From 1 October 2015, the coverage of Japan consumption tax will be extended to cross-border supplies of electronic services by foreign businesses. In this article, the author explains that Japan extended the coverage of the consumption tax to reinforce the “destination principle”, and to follow international trends. The author also explains the important peculiarities of the new rules implemented in Japan.
Finnish Case on the Taxation of Dividends from a Luxembourg SICAV Referred to the ECJ
Authors: Viitala T.
Published: December 2023

In this note, the author discusses a recent Finnish case regarding the taxation of dividends received from a Luxembourg SICAV, which was referred to the ECJ on 19 June 2019.
The Carbon Pollution Reduction Scheme
Authors: Papadimitriou S. , Varzaly J.
Published: December 2023

This article explores the potential tax issues that arise from the
Carbon Pollution Reduction Scheme proposed by the Australian
government.
Is Business Restructuring and Tax-Aligned Supply Chain Planning Still
Viable?
Authors: Chakravarty A. , Ray S.
Published: December 2023

In this article, the authors outline the pertinent transfer pricing
issues of supply chain management, in the context of a business restructuring
contemplated by a multinational company.
Irish Revenue Confirms Services Safe Harbour
Authors: Duffy J. , Bailey T.
Published: December 2023

Irish Revenue’s recent confirmation of an arm’s length safe harbour for certain intercompany services provides certainty and clarity to affected taxpayers in Ireland with cross-border operations. It also provides evidence of Irish Revenue’s willingness to adopt a pragmatic and cooperative approach to transfer pricing compliance where possible.
Renneberg: ECJ Unjustifiably Expands Schumacker Doctrine to Losses from Financing of Personal Dwelling
Authors: Meussen G.T.K.
Published: December 2023

In the November 2007 issue of European Taxation, an article considered
the decision of the Netherlands Supreme Court of 22 December 2006 to request a
preliminary ruling from the European Court of Justice (ECJ) in the case of Mr
Renneberg. The author of the current article now critically examines the ECJ's
decision of 16 October 2008 in Renneberg. Although the ECJ's decision is
understandable in the light of previous decisions, the author disagrees with it
in this case.
Overview of General Turnover Taxes and Tax Rates – January 2018
Authors: Annacondia F.
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 article presents an overview of those general turnover taxes and the tax rates applicable on 1 January 2018.
The BRICs: Tax Treaty Policy Regarding Dividends
Authors: Hernández Gómez M.I.
Published: December 2023

The author, in this article, analyses the tax treaty policy of the BRICs countries regarding dividends due to the rising importance of the BRICs to the global economy.
Government Publishes Draft Finance and Social Bills for 2018
Authors: Mallaret A.
Published: December 2023

This note presents an overview of the draft finance and social bills for 2018, which, although providing for a substantial reduction in corporate income tax, social contributions on wages and taxes on capital, might not ultimately result in a tax saving for a significant fraction of taxpayers.
Asia Region Funds Passport and Proposed Corporate Collective Investment Vehicles
Authors: Joseph A.
Published: December 2023

The introduction of laws enabling the use of corporate collective investment vehicles in Australia has been long due and the surge in investments from the Asia-Pacific region has hastened the day of its adoption. Australian fund management can look forward to a more flexible system of investment more at home with the region.
Taxation of B2C TBE Services under EU VAT from 2015
Authors: Claessens S. , Lejeune I.
Published: December 2023

On 21 June 2013, the European Council reached political agreement on implementing rules for taxing B2C telecommunications, broadcasting and electronically supplied services (“TBE services”) from 1 January 2015. In this article, the authors give an overview of the new implementing provisions.
Supreme Court Decision: New Criterion for Deemed Permanent Establishment while Acting through a Subsidiary Company?
Authors: Carreño F. , Rodríguez R. (Rebeca)
Published: December 2023

The authors analyse a recent decision of the Spanish Supreme Court on the deemed existence of a permanent establishment based on the activities of a dependent agent. Particular attention is given to the potential impact on permanent establishment issues for companies doing business in Spain through a subsidiary.
Cross-Border Information – The German Approach
Authors: Kugelmüller-Pugh A.
Published: December 2023

This note, presented at the 6th Assembly of the International Association of Tax Judges, which took place in Lucerne (Switzerland) on 4 and 5 September 2015, examines the German provisions regarding cross-border information exchange.
Should the Italmoda Jurisprudence Apply to Carousel Fraud Involving Services? The ECJ's Pending Climate Corporation Emissions Trading Case
Authors: Lamensch M.
Published: December 2023

In the well-known Italmoda case,the ECJ decided that the exemption (zero rate) of the intra-Community supply should be denied when the supplier “knew or should have known” that, by his supply, he was participating in a transaction connected with fraudulent evasion of VAT. In the pending Climate Corporation Emissions Trading case, the question is raised whether a similar approach should apply to intra-Community supplies of services. In this article, the author suggests that this pending case highlights the urgent need for a comprehensive solution to the issue of carousel fraud in the European Union.
The Judicial System
in Italy
Authors: Innamorato Caterina
Published: December 2023

This article provides an introduction to, and a
summary of, the various stages of judicial proceedings in respect of taxation
in Italy, a Civil Law jurisdiction.
New EU Tax Challenges and Opportunities in a (C)CCTB World: Overview of the EU Commission Proposal for a Draft Directive for a Common Consolidated Corporate Tax Base
Authors: Lamotte J.
Published: December 2023

This article provides an overview of the European Commission’s Proposal for a Draft Directive for a Common Consolidated Corporate Tax Base, highlighting the opportunities and challenges that taxpayers and Member States will face if the CCCTB is implemented.
Origins of the OEEC Work on Tax Treaties: Continuity or Fresh Start?
Authors: Vann R.J.
Published: December 2023

This very early history of OEEC/OECD tax work suggests that the emergence of the OECD as the primary mover in international tax was not predestined but from the beginning was a combination of chance, continuity and experimentation – provisional then and probably still.
Netherlands Supreme Court Decides in Taxpayer’s Favour Regarding Calculation of Double Tax Relief for Interest
Authors: Mooij H.
Published: December 2023

The Netherlands Supreme Court recently decided a case in favour of a corporate taxpayer regarding an appeal in respect of the calculation of the double tax relief available for loan interest under the Brazil-Netherlands Income Tax Treaty (1990).
Foreword: Tax Treaty Interpretation after BEPS
Authors: Danon R.J. , Schön W.
Published: December 2023

This Special Issue of the Bulletin for International Taxation contains a series of articles prepared further to the two-day interdisciplinary conference organized in Lausanne on 19-20 December 2019 by the Max Planck Institute for Tax Law and Public Finance and the Tax Policy Center of the University of Lausanne. This foreword describes the background, purpose and structure of the conference as well as its main objectives, and presents the articles of this Special Issue.
Anti-Tax Avoidance Directive (2016/1164): New EU Policy Horizons
Authors: Rigaut A.
Published: December 2023

This article discusses the genesis of the Anti-Tax Avoidance Directive (2016/1164), its scope and main provisions, as well as some perspectives on future policy making.
Exit Tax in Poland
Authors: Brzeziński B. , Lasiński-Sulecki K.
Published: December 2023

Rules on exit taxation have been in force in Poland since the beginning of 2019. In this article, the authors analyse the wording of these rules and their compatibility with EU law. Rulings and initial controversies that have arisen in this area are outlined in order to show major risks inherent in the structure of exit taxation.
How Small Islands Are Setting the Tone for Crypto Regulation: Malta and Jersey’s Approaches
Authors: Brockdorff J. , Bielik J. , Bronzewska K.
Published: December 2023

Jersey and Malta are often referred to as leaders in the blockchain and cryptocurrency arena in Europe. This article describes their rules and regulations in the field of cryptos and analyses what distinguishes these two countries in their approaches.
Profit Shifting and Comparability: The French Supreme Administrative Court Provides Useful Clarification on Functional Analysis and the Concept of Routine Entity
Authors: Douvier P-J. , Gocer S.
Published: December 2023

In two decisions of 4 October 2021 (SAS RKS and SAS Holding SKF France), the French Supreme Administrative Court (Conseil d’Etat) has confirmed the need to conduct a detailed and precise functional analysis that cannot be limited to the simplistic opposition between the concepts of principal entrepreneur and routine entity.
Aligning Taxation on Peer-to-Peer-Lending Business with Taxation on Digital Economy in Indonesia
Authors: Dwi Nugroho A.
Published: December 2023

This article seeks to expose the paradox in tax collection on digital services in Indonesia. On the one hand, the Indonesian government has been keen to ensure that multinational enterprises pay their fair share of taxes in the state. This is done by, inter alia, imposing VAT on digital services consumed within the jurisdiction, and the pending imposition of direct tax on electronic transaction. On the other hand, findings of this article show that potential taxation on peer-to-peer lending business seems to be neglected for unclear reasons. As of June 2021, the Indonesian Financial Services Authorities, OJK, reveals that the business has gathered more than 120 registered operators with a three-year-span national and foreign accumulated fund provided by lender amounting to more than IDR 210,000 billion (circa USD 14 billion). This serves as a good reason to ensure that tax obligations are fully complied with. While taxation of this business may rely on the general income tax and VAT regime, the lack of regulation means that a level playing field for digital services corporations generating profit in Indonesia is not ensured. In order to optimize the potential revenue from the business, a rigorous yet simple tax regime must be in place.
Structuring New Investments and Managing Existing Investments
Authors: Zobalia H. , Devani J.
Published: December 2023

This article looks at the relevance of structuring new investments as well as existing investments, and also provides an overview of several tax and regulatory aspects to be taken into account when investing in India.
DNB Banka and Aviva: Has the ECJ Followed Its Own Interpretation Methods and Respected the Objectives Pursued by the EU Legislature?
Authors: Amand C.
Published: December 2023

In this article, the author analyses the recent decisions of the Court of Justice of the European Union (ECJ) in the DNB Banka and Aviva cases. In these decisions, the ECJ has excluded businesses that supply financial services from the benefit of the VAT exemption on support services supplied by independent groups of persons. The author takes into account the interpretation methods adopted by the ECJ to analyse these decisions and explains the history of this specific VAT exemption and other exemptions laid down in the VAT Directive.
The Role of Controlled Foreign Company Legislation in the OECD Base
Erosion and Profit Shifting Project
Authors: Kane M.A.
Published: December 2023

In this article, the author examines the OECD Base Erosion and Profit
Shifting project in relation to the implications of the initiative for
controlled foreign company rules.
Commission
Authors: Alvarado M.
Published: December 2023

This overview highlights the Commission’s (i) efforts to target tax-avoidance corporate structures and ensure fair taxation, (ii) proposal for a Directive implementing the OECD Pillar Two proposal in the European Union, (iii) proposal to authorize Italy to apply reduced excise duty rates on gas and electricity, (iv) approval under State aid rules of certain subsidy schemes by EU Member States and (v) actions initiated against some EU Member States for their failure to comply with EU law.
Casenote – Federal Court Decision on Imposition of Penalties on
Promoters of Tax Schemes
Authors: Joseph A.
Published: December 2023

The author analyses the Full Federal Court’s decision on the
imposition of penalties on the promoters of a tax exploitation
scheme.
Commission
Authors: Pakarinen L.
Published: December 2023

On 14 February 2013, the Commission adopted a proposal for a Council
directive implementing enhanced cooperation in the area of financial
transaction tax (FTT) (the Proposal).
Proposal for a Council Directive implementing enhanced cooperation in the
area of financial transaction tax, COM(2013) 71 final (14 Feb. 2013). Details of the Proposal, which mirrors the scope and objectives of
the original FTT proposal put forward by the Commission in September 2011 (the
2011 Proposal),
Proposal for a Council Directive on a common system of financial
transaction tax and amending Directive
2008/7/EC, COM(2011) 594 final (28 Sept. 2011). are
summarized below.
Australia’s Carbon Tax – The Sweet and the Sour
Authors: Passant J.
Published: December 2023

This article considers the proposed introduction of a mechanism to impose a carbon price in Australia from 1 July 2012. It argues that the compensation package to ameliorate the effect of the carbon tax is an attempt to “sweeten” voters now before “souring” them in the long term.
The Tax Court Decision in VERITAS: A Comment
Authors: Lin A. , Wright D.R.
Published: December 2023

On 10 December 2009, the United States Tax Court released its opinion in the transfer pricing matter involving VERITAS Software Corporation. The issue addressed by the Court involved the calculation of the buy-in payment under VERITAS’ cost sharing arrangement with its Irish affiliate. The Court addressed a number of important issues that should be kept in mind as companies seek to establish or maintain research and development cost sharing arrangements with US affiliates. This article considers some of those issues.
Taxation of Foreign Subsidiaries: Japan’s Tax Reform 2009/10
Authors: Masui Y.
Published: December 2023

The author, in this article, examines Japan’s Tax Reform 2009/10, with special reference to the background to the reform, the relevant legislative amendments regarding the taxation of controlled foreign subsidiaries and the implications of the reform for the future.
The True Nature of Tax Treaties
Authors: Brauner Y.
Published: December 2023

The international tax regime is under tremendous pressure. This lecture examines important incongruities in treaty law that have weakened the regime. It harnesses insights from public international law and a dedicated survey of treaty negotiators, and concludes that reform should include more formality, multilateral elements and an independent tax forum.
The Impact of the COVID-19 Pandemic on Advance Pricing Agreements
Authors: Gibert B.
Published: December 2023

The COVID-19 pandemic may impact transfer pricing policies applied within multinational groups. As a result, one could legitimately wonder whether the pandemic could also impact advance pricing agreements (APAs) either concluded or under discussion between tax administrations and enterprises. This question is of foremost importance given that the terms and conditions of APAs are set to ensure tax certainty. In such circumstances, taxpayers could examine how potential changes triggered by the COVID-19 pandemic could impact APAs (section 1.) and what the procedural impact of the COVID-19 pandemic would be on APAs concluded or under discussion (section 2.).
An introduction to Islamic finance and the Malaysian experience
Authors: Bhupalan R.
Published: December 2023

This article provides a general overview of the principles underlying
Islamic financial transactions, and provides a basic understanding of the types
of transactions that exist. Additionally, the article focuses on the growth of
Islamic financial services in Malaysia and the manner in which tax law has been
adapted to ensure a convergence in the tax treatment between Islamic and
conventional financing transactions, and to grant incentives for the Islamic
financial sector.
International Tax Frameworks: Assessing the 2020s Compromise from the Perspective of Taxing the Digital Economy in the Great Lockdown
Authors: Elliffe C.
Published: December 2023

This article provides an assessment of the new international tax framework for taxing the digital economy as proposed by the OECD/Inclusive Framework. In this critique of the new regime, the author refers to the prospective new international tax architecture as the “2020s compromise”, as opposed to the currently applicable “1920s compromise”.
The Elongated Shadow of the Use and Enjoyment Rule
Authors: Echevarría Zubeldia G.
Published: December 2023

The “use and enjoyment” place-of-supply rule remains one of the most intricate provisions of the EU VAT legislation because after initial qualification of a supply as taxable outside the EU territory it relocates the taxing rights to the Member State in which the services were performed. Its effects are a constant source of controversies, and in this Column the author reflects on the basis for the legal uncertainty it causes.
Council Adopts New Directive on Mutual Assistance in Recovery of Tax and Similar Claims
Authors: Vascega M. , Thiel S. van
Published: December 2023

This article highlights the changes to the EU regulatory framework of cross-border recovery assistance that will be introduced by the new directive on recovery of tax and similar claims. The new directive, which will, as from 1 January 2012, replace the current directive, broadens the scope of recovery assistance and improves its efficiency.
Taxing Automated Digital Services: Targeted Online Advertising
Authors: Issakova S.
Published: December 2023

In this note, the author explores how income from online advertising is taxed in Kazakhstan in light of the current regulatory framework and the prevailing interpretative approach of the tax authorities towards the classification of payments made to non-resident companies for online advertising by resident taxpayers.
The Arm’s Length Principle and Commercially Irrational Omissions: Failure to Renegotiate or Terminate Adverse Controlled Agreements
Authors: Bullen A.
Published: December 2023

This article examines whether, and if so, under which circumstances the arm’s length principle, as authoritatively stated by Art. 9(1) of the OECD Model Convention, authorizes the imputation of a hypothetical renegotiation or termination if an associated enterprise has failed to renegotiate or terminate an adverse controlled agreement.
Partial-Exemption Policy in the United Kingdom
Authors: Feria R. de la
Published: December 2023

Where businesses are engaged in both taxed and exempt transactions, their input tax is only partly deductible. In the absence of detailed rules and clear guidance of the Court of Justice of the European Union, the Member States of the European Union are free to make their own rules and arrangements. In this article, the author summarizes the discussions of the conference of 14 December 2009 on VAT partial exemption in the United Kingdom, which was hosted by the Centre for Business Taxation at Oxford University and aimed at understanding why the disparities in the approaches of the Member States have arisen.
Legal Remedies in the Tax System
Authors: Ban S-M. , Lee G.H.S.
Published: December 2023

The article provides an introduction to and describes the administrative phases, courts, appeals, etc. with regard to tax cases.
Base Erosion and Profit Shifting: Reliability and the Future of Transfer
Pricing Methods
Authors: Vidal J-P. , Larocque D. , Leroux J.
Published: December 2023

The authors consider how income may still be shifted even when
transfer pricing rules are complied with. In addition, they examine the
reliability of the one-sided methods in arriving at an unbiased result, and
take a brief look at what the future may hold for transfer pricing.
Opinion Statement PAC 3/2017 on the European Commission’s Proposal for a Council Directive Amending Directive 2011/16/EU as Regards Mandatory Automatic Exchange of Information in the Field of Taxation (COM/2016/025 final – 2016/010 (CNS))
Authors: CFE Professional Affairs Committee
Published: December 2023

This CFE Opinion Statement, submitted to the European Institutions on 27 July 2017, discusses the proposed directive amending the Directive on Administrative Cooperation (2011/16) as regards mandatory exchange of information, i.e. mandatory disclosure rules.
Tax Treaty Case Law News
Authors: Arnold B.J.
Published: December 2023

In this second of a new feature in the Bulletin for International Taxation, Brian Arnold comments on a Norwegian case (dependent agent permanent establishment) and an Indian case (application of the force-of-attraction rule), in respect of both of which there are significant implications.
Conference on “Tax Aspects of Research and Development – Towards More Sustainable Development in the European Union”
Authors: Bronzewska K.
Published: December 2023

On 16 December 2011, the University of Lodz, Centre of Tax Documentation and Studies, Foundation Centre of Tax Documentation and Studies held a conference on “Tax Aspects of Research and Development – Towards More Sustainable Development in the EU”. This note summarizes the proceedings of the conference.
The Extended Scope of the Reduced VAT Rate in Bulgaria
Authors: Krastanov S.
Published: December 2023

Bulgaria used to apply a reduced 9% VAT rate only for accommodation services in hotels and similar establishments. However, as a COVID-19 emergency measure, recently the country extended the scope of application of the reduced VAT rate. It is now applied temporarily also to other goods and services. In this article, the author discusses recent developments on this topic in Bulgaria with the relevant ECJ case law as a background.
Fluvius Antwerpen: Supplies Hidden in a Theft?
Authors: Lasiński-Sulecki K.
Published: December 2023

In its judgment of 27 April 2023 in Fluvius Antwerpen v. MX (Case C-677/21), the ECJ decided that the supply of electricity by a distribution network operator, even if involuntary and the result of unlawful conduct on the part of a third party, constitutes a supply of goods for consideration entailing the transfer of the right to dispose of tangible property. In this article, the author analyses the judgment as well as the opinion of AG Kokott of 12 January 2023 – in their parts regarding the understanding of the supply of goods – and reaches the conclusion that this judgment contradicts previous case law, or must be understood very narrowly taking into account peculiar legal background of the case in Belgian domestic rules on energy distribution.
Introduction of Deutsche Shell Legislation in the Netherlands
Authors: Kok R.
Published: December 2023

It is being argued that based on the Deutsche Shell ruling, Member States (and in the context of this article, specifically the Netherlands) are not allowed to exempt foreign exchange losses on EU participations from inclusion in taxable profit. This would result in the asymmetrical situation where foreign exchange losses on a EU participation would be tax deductible, while foreign exchange gains on a EU participation would be tax exempt. This article considers proposed legislation in the Netherlands that would counter this asymmetry.
The OECD Global Minimum Tax Proposal under Pillar Two: Will It Achieve the Desired Policy Objective?
Authors: Das P. , Rizzo A.
Published: December 2023

The authors, in this article, examine the implications of the global minimum tax as proposed by the OECD under Pillar Two regarding the taxation of corporations, and whether the proposal will realize its stated policy aims.
Public-Private Partnerships and Tax Incentives Used in Asian Countries To Encourage Infrastructure Development
Authors: Curran M.F.
Published: December 2023

This article aims to stimulate discussion in countries using, or contemplating the use of, public-private partnerships (PPPs) for infrastructure development. It does this by outlining the features of a PPP and then takes a look at the wide range of infrastructure incentives found in Australia, Indonesia, Korea, Malaysia, the Philippines, Singapore, Thailand and Vietnam.
Pakistan’s Economic and Tax Policy Response to the COVID-19 Pandemic
Authors: Hassan B.
Published: December 2023

In this article, the author discusses the early impact of the COVID-19 pandemic on Pakistan’s economy and provides an overview of the economic and tax measures that have been implemented to mitigate the socio-economic effects of the pandemic.
The Taxpayer’s Rights in the Courtroom
Authors: Anderson M. (Mats)
Published: December 2023

This article examines some of the issues that taxpayers may experience when they take tax disputes before the courts in Sweden.
Transfer Pricing: Recent Developments and Overview of Digital Taxation in Africa
Authors: Abdulrazaq A.O.
Published: December 2023

This article describes recent developments in transfer pricing with regard to legislation, tax practice and case law in Nigeria. Next, it addresses digital taxation in various African countries.
Trust Arrangements in Relation to the CFC Rule and Anti-Tax Treaty Abuse
Authors: Karyadi F. , Santoso N.
Published: December 2023

A newly issued regulation on the CFC rule expands the scope of definition of “CFC” to include an indirectly owned CFC. As such, investor(s) (in this case, the Indonesian taxpayer, settlor and/or beneficiary) owning a CFC through a trust arrangement will be subject to the CFC rule. Depending on the type of the trust, the investor(s) as well as the trust may be subject to tax under this rule. The Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent Base Erosion and Profit Shifting (MLI) stipulates several provisions related to trust arrangements, including with regard to taxation treatment of capital gains derived from alienation of shares or interests of entities deriving their value principally from immovable property (real property). In particular, Indonesia uses the MLI to focus on modification to taxation regulations on permanent establishments to prevent tax abuse and treaty shopping.
Practical Information on European VAT
Authors: Annacondia F.
Published: December 2023

As is traditional in the first issue of each year, the green annex 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 editor on the basis of information provided by the members of the European Knowledge Group of IBFD at the beginning of 2017.
Bulgaria Implements BEPS Pillar Two Rules, Leading to Effective Tax Cost Uplift for MNEs
Authors: Borisov V.
Published: December 2023

In this note, the author describes and comments on the draft proposal for an amendment to the Bulgarian Corporate Income Tax Act to transpose the EU Minimum Taxation Directive (2022/2523). This reflects the OECD’s initiative to introduce a global minimum tax rate of 15% for large-scale groups (the Pillar Two solution). Bulgaria is one of the few EU Member States with a headline tax rate of less than 15% and, as such, the amendment will have a significant impact.
Australian Residence: Time to Change the Rules?
Authors: Joseph A.
Published: December 2023

The corporate and individual residence rules in Australia have remained unchanged for a long time, despite the significant transformations that have taken place regarding how companies are structured and the increased mobility of labour. This article argues that it is now high time that Australia changed these rules.
Country-by-Country Reporting: Law in the Making
Authors: Joseph A.
Published: December 2023

Legislative progress in the BEPS area has been fairly quick in Australia, culminating with the enactment of the Tax Laws Amendment (Combating Multinational Tax Avoidance) Act No. 170 of 2015 (date of assent: 11 December 2015). The author reviews the potential impact of the Act as regards transfer pricing documentation and penalties.
Unresolved Issues Surrounding Transfer Pricing Legislation: The Anti-Avoidance Purpose and Penalty Protection – Part 2
Authors: Albano A.
Published: December 2023

This article is the second part of a contribution, and analyses the Supreme Court’s 19 December 2014 ruling in case 27087, in which – consistent with the approach considered more correct, as illustrated in the first part of this contribution – the Supreme Court recognized that transfer pricing rules do not have a specific anti-avoidance purpose.
The CBAM Transitional Phase: Advancing Compliance to the Next Level
Authors: Pehlivan R. , Slooten G.J. van
Published: December 2023

This article discusses the reporting obligations that have been introduced in the European Union for the Carbon Border Adjustment Mechanism (CBAM). Although CBAM goods imported into the European Union will not actually be subjected to a carbon levy until 1 January 2026, a transitional period has entered into effect per 1 October 2023 in which importers of CBAM goods are required to report on a quarterly basis data regarding greenhouse gas emissions that are considered embedded in their imported products. This article discusses not only the data that must be collected and how this data must be reported, but also formal aspects of the reporting process.
Implementation of the OECD BEPS Action Plan
Authors: Hassan B.
Published: December 2023

To prevent base erosion and profit shifting, which is essential to safeguard the tax revenues of home states, the OECD developed a comprehensive mechanism, the OECD BEPS Action Plan. The intended objectives can be achieved only if all countries implement the Action Plan. The author, focusing on the provisions of the Finance Act 2018, comments on Pakistan’s initiatives to implement the Plan.
Business Restructurings: Options and Practice – Part 2
Authors: Offermanns R. , Moniz R. Botelho
Published: December 2023

Part 2 of this article examines the evolution of the OECD Transfer Pricing Guidelines over the years that resulted in the new 2017 edition, and the existing regional and local specific regulations affecting business restructurings. The article uses two case studies to illustrate the issues that arise regarding such restructurings.
Selling a Russian Business Can Be a Taxing Endeavour
Authors: Vasyutin A. , Seryakova E. , Tkachenko E.
Published: December 2023

In this article, the authors consider controversial issues regarding the tax implications of selling companies owning real estate located in Russia, with special focus on the sale of Russian “real estate rich companies” (RERCs).
Master File, Local File and Country-by-Country Reporting: A Canadian Perspective
Authors: Wilkie J.S.
Published: December 2023

The author considers the broad compatibility of the master file, local file and country-by-country reporting regimes with existing Canadian tax law, first by outlining the essential elements of these regimes and then testing them with reference to the main elements of the investigatory powers of Canadian tax authorities and taxpayers’ reporting obligations under the Income Tax Act.
Import and Export in Multi-Sale Transactions - Part I
Authors: Bal A.
Published: December 2023

This article, which is divided in two parts, addresses the complex indirect tax treatment of the constant flow of goods that come and leave the territory of the EU to third countries. In the first part of the article, the author describes the interaction between the rules of the two applicable taxes to the importation and exportation of goods, namely the VAT Directive and the Community Customs Code, and she also examines the content of the said rules, including a review of the administrative obligations that businesses must take into consideration when performing the said transactions.
French Supreme Administrative Court Finds Taxpayer in ValueClick Case Used an Agency Permanent Establishment to Sell Online Advertising Services in France through Local Subsidiary
Authors: Michel B.
Published: December 2023

In this article, the author considers the implications of the recent decision of the French Conseil d’État (Supreme Administrative Court) regarding the recognition of a hidden agency permanent establishment that was used by the Irish company to sell online advertising services in France, aided by a local subsidiary.
Swimming against the Current? Taxation of the Digitalized Economy in Latin America
Authors: Riccardi A. , González A. (Andrés) , Calderón Manrique D. , Guevara Leandro F. , Sepúlveda F. , Rodríguez Arguijo G. , Teijeiro G.O. , Vázquez J.M. , Yánez L. , Ferreira V. Arruda
Published: December 2023

In this article, the authors examine the various measures that eight Latin American countries have (and have not) implemented to tax profits derived from the digitalized economy in the region.
Saudi Arabia’s Tax Treaties: What Does Zakat Have to Do with Them?
Authors: Alholiby S.M.
Published: December 2023

Three trends can be found in every Saudi tax treaty – the inclusion of zakat in the Saudi tax, the zakat payer exclusion from the methods of eliminating double taxation and the absence of the non-discrimination article. This article investigates the justification for, and consequences of, the inclusion of zakat in Saudi treaties.
Cost Allocations for Intra-Group Services Based on the 2017 OECD Guidelines
Authors: Plesner Rossing C. , Falcone A.F.
Published: December 2023

Intra-group services in multinational enterprises (MNEs) continue to be scrutinized by tax authorities during transfer pricing audits. While many MNEs have significant experience with intra-group services, some continue to struggle with managing their intra-group service cost allocations in a compliant and transparent manner. In this article, an applied theoretical model is proposed that MNEs can use when (re)designing their cost accounting practices for intra-group services. The model is based on the 2017 OECD Guidelines, including the low value-adding service concept introduced in the 2017 revision of chapter VII of the OECD Guidelines.
Developments Regarding the APA and MAP Processes
Authors: Hay D. , Norton K.
Published: December 2023

This article sets out the background to the APA regime in the United Kingdom, highlighting in particular how APAs might change as a result of the new Statement of Practice, and comments on the current surge of interest in APAs. It also covers the new Statement of Practice relating to MAPs and discusses the continuing challenges as transfer pricing adjustments are made in more and more jurisdictions.
The EU DEBRA Directive: A Critical Appraisal from a German Corporate Income Tax Perspective of the European Commission’s Proposal to Reduce Debt-Equity Bias through an Equity Allowance and Interest Expense Limitation
Authors: Graßl B. , Engeln L.
Published: December 2023

In this article, the authors consider the implications and the advantages and disadvantages of the EU DEBRA Directive, as proposed by the European Commission, together with suggesting remedies for the perceived drawbacks to the Commission’s proposal.
Voluntary Payment of Taxes
Authors: Musselli A.
Published: December 2023

The current international tax climate is high on the political agenda.
Public pressure and possible consumer actions may lead to voluntary payments of
corporate income taxes. Sometimes tax authorities morally appeal to companies
and individuals to make tax payments also where the statute of limitations has
expired. At other times tax authorities make repayments of taxes on the basis
of hardship considerations. The present survey of the International Transfer
Pricing Journal will focus on the phenomenon of voluntary payment of taxes and
voluntary adjustments of transfer prices. Country report on Italy.
Italian Anti-Avoidance Rules and Tax Treaties
Authors: Maisto G.
Published: December 2023

In this article, the author considers the international tax issues arising from the interaction between Italy’s anti-avoidance rules and the provisions in the various tax treaties that Italy has concluded.
An Introduction to the Updated UN Model (2011)
Authors: Yaffar A.L. , Lennard M.
Published: December 2023

The authors, in this article, provide, by way of this introduction to the Bulletin for International Taxation Special Issue on the UN Model (2011), a general overview of the background to, and the main changes introduced into, the Model, together with consideration of the overall significance of the amendments.
The New Russian Transfer Pricing Law
Authors: Variychuk E.
Published: December 2023

The new Russian law on transfer pricing was finally adopted on 18 July 2011 and will enter into force on 1 January 2012. In this article, the author outlines the most important provisions of the new bill, including those that will apply in the transitional period.
Delineating the Terms of a Single Composite Transaction in Transfer Pricing: The Role of Step-Transaction Analysis in the Aggregation of Interrelated (Linked) Contracts
Authors: Pichhadze A. (Amir)
Published: December 2023

This article provides guidance on the task of aggregation and disaggregation of contract terms in transfer pricing. It explains that: (1) aggregation involves giving expression to the parties’ single composite transaction; (2) aggregation requires applying a step-transaction analysis, which makes it possible to delineate the true substance of the composite transaction, and then apply the relevant tax rule(s) based on the combined effect of the interrelated contracts; and (3) disaggregation may be used as an anti-avoidance measure. The article also identifies notable implications of aggregation.
Will New Developments Regarding Pension Funds and VAT Lead to Additional
Taxation of Retirement Plans?
Authors: Zutt J. , Wal S. van der
Published: December 2023

While recent European Court of Justice case law has confirmed that
asset management services rendered to defined benefit pension funds and pension
scheme administrators are subject to VAT, the Advocate General in the pending
ATP Pension Service case has indicated that similar
services for defined contribution schemes may qualify for VAT exemption. The
authors consider the Advocate General’s opinion and its potential impact on
VAT. In addition, the authors discuss recent developments regarding the
cost-sharing exemption.
Unresolved Issues in the ECJ’s Case Law on Cross-Border Intra-Group Loss Relief in the Light of A Oy
Authors: Cohrs E.
Published: December 2023

In this note, the author discusses the recent ECJ decision in A Oy (Case C-123/11), which sheds new light on the issue of cross-border intra-group loss relief within the European Union.
Arbitration as a Means of Resolving Tax Disputes
Authors: Camara F. de Sousa da
Published: December 2023

Tax arbitration courts were introduced as a means of addressing the
backlog of cases in the tax courts, as well as a lack of resources. This
article analyses this innovative mechanism against the backdrop of the
traditional court system. The article cites statistics regarding the workload
of the tax courts and, moreover, on the initial three-year period of existence
of the tax arbitration courts.
The Spanish Dell Case – Do We Need Anti-BEPS Measures If the Existing Rules Are Broad Enough?
Authors: Bal A.
Published: December 2023

In this note, the author discusses the landmark decision of the Spanish Supreme Court in Dell, on the creation of PEs in foreign jurisdictions, in light of the proposed Action 7 anti-BEPS measures.
The Tax Treatment of Bad Debt Risk in Respect of Intra-group Loans: The
Score So Far
Authors: Boer R.A. de , Molenaars M.L.
Published: December 2023

This contribution deals with recent developments in Dutch case law
regarding the tax treatment of bad debt risk, in particular the deductibility
of write-downs, in respect of intra-group loans. In addition, the authors
express their thoughts on how interest could be calculated on such loans and
how the case law dealing with such loans could affect intra-group
guarantees.
Denmark and France Sign Long-Awaited New Income Tax Treaty
Authors: Pouletty M.
Published: December 2023

In this note, the author outlines the position of French and Danish taxpayers following the termination, in 2009, of the former Denmark-France Income and Capital Tax Treaty (1957) and under the newly signed Denmark-France Income Tax Treaty (2022).
Social Security and Pensions Systems
Authors: Jin O. , Leong D.
Published: December 2023

This comparative survey aims to provide readers with an understanding of the social security and/or pensions systems in China, India, Indonesia, Japan, Korea (Rep.), Malaysia, Singapore and Thailand.
Report of the Proceedings of the Eighth Assembly of the International Association of Tax Judges Held in Helsinki on 6 and 7 October 2017
Authors: Michel B.
Published: December 2023

This report summarizes the proceedings of the Eighth Assembly of the International Association of Tax Judges, which was held in Helsinki on 6 and 7 October 2017.
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s (i) priorities during the Czech Presidency; (ii) adoption of conclusions of the Code of Conduct Group on Business Taxation; and (iii) aim to reach an agreement on the Minimum Taxation Directive by October.
Mandatory Disclosure Rules Implementation in Luxembourg: Practical Aspects
Authors: Polonska T.
Published: December 2023

The article discusses certain aspects of the implementation of the Mandatory Disclosure Rules in Luxembourg, including the first commentary provided by the Luxembourg Direct Tax Authority. It also describes the questions and uncertainties that may arise in practice in the absence of further guidance, as a result of different interpretation of the law provisions by the taxpayers or intermediaries.
Transfer Pricing and Intra-Group Financing: Low-Hanging Fruit?
Authors: Bakker A.J.
Published: December 2023

The author provides an overview of the transfer pricing issues related
to intra-group financing. Topics considered include the reasons for increased
controversy in this field, what taxpayers should bear in mind when intercompany
loans are in place and a new loan agreement with related parties will be
concluded, and the potential issues with guarantees and cash pooling. Some
recommendations are also offered.
Tax Treatment of AT1 Capital
Authors: Gelder G. van , Frankenberg S.
Published: December 2023

The newly introduced article 29a of the Dutch Corporate Income Tax Act 1969 (CITA) deals with the Dutch tax aspects of Additional Tier 1 capital (AT1 capital). The purpose of article 29a CITA is to ensure that payments on AT1 capital are considered tax deductible at the level of the issuing party and that any income derived from AT1 capital will be taxed. The question is whether this classification is correct and whether the classification will hold in cross-border situations. The authors analyse and discuss the Dutch tax classification of AT1 capital issued by banks and insurance companies in the Netherlands.