bluuebunny/crossref_metadata_2025 huggingface dataset:
Reform of the French IP Regime: Overview of Conditions and Opportunities
Authors: Silberztein C. , Bricard R.
Published: December 2023

The French tax regime for IP income was deeply modified by the 2019 Finance Act in order to comply with the latest OECD and EU standards on harmful tax regimes. The new French IP regime is more restrictive in that it introduces the Nexus rule, is applicable to net rather than gross income, and generally excludes patentable inventions from the list of eligible assets (except for SMEs). It however presents several new opportunities, including a reduced 10% tax rate and an extension of its scope, under relevant conditions, to software income. An assessment of the possible benefits from the regime is recommended, primarily for tech companies of course, but also for other businesses, e.g. for the many non-tech groups which centrally develop software for use by affiliates throughout the world.
The Transfer Pricing Implications of “Business Restructurings” from the Perspective of the Italian Tax Police
Authors: Zucchetti S. , Tombesi G. , Tardini A. , Lanfranchi O.
Published: December 2023

This article discusses the approach (to be) adopted by the Italian tax police in relation to the transfer pricing implications of business restructurings, as disclosed under their Circular Letter No. 1/2018, also in light of the relevant and most recent OECD Guidelines. The article includes some additional remarks as well as working examples to expand on the viewpoint of the tax police regarding cross-border restructurings.
Regulatory and Tax Aspects of Short Selling
Authors: Krause M. , Weiser B.
Published: December 2023

Various aspects of short selling have attracted much attention in the recent years, especially merger and acquisition strategies and tax effects. This article briefly summarizes the historical development, and looks at the most recent regulatory and tax aspects of short selling.
The Ordering of Residence and Source Country Taxes and the OECD Pillar Two Global Minimum Tax
Authors: Arnold B.J.
Published: December 2023

The author, in this article, examines, by way of examples, the implications in respect of the ordering of residence and source country taxes in relation to the OECD’s Pillar Two Global Minimum Tax proposal.
Tax Treaty Procedures and Anti-Avoidance Rules
Authors: Kim S.
Published: December 2023

In this article, the author describes the procedures for claiming tax treaty benefits under Korean tax law, which were recently revised and came into effect as of 1 July 2012.
The Plastic Bag Tax: International Trends
Authors: Joseph S-A.
Published: December 2023

In this article, the author provides a review of the literature on plastic bag bans and taxation, and examines the experiences of four countries, supplementing the research with several studies of other jurisdictions. The resulting analysis provides guidance for policymakers considering a plastic bag tax or redefining their approach.
Reporting Requirements in Pakistan for Foreign Multinationals
Authors: Hassan B.
Published: December 2023

Based on the OECD BEPS Action Plan, Pakistan introduced rules regarding documentation and country-by-country reporting requirements for foreign multinationals in November 2017. In this article, the author discusses documentation and country-by-country reporting requirements, and deadlines for the submission of certain documents to the tax authorities by foreign multinational enterprises, penalties for non-compliance and the implications of the reporting requirements.
The CUP Method and Statistical Methods
Authors: Heidecke B. , Breuer M. , Teller M.
Published: December 2023

The authors provide information on how graphical illustrations, interval approaches and hypothesis testing can be used for calculating and defending CUPs in a tax audit. By using these approaches, the CUP method might lead to more accurate findings and serve as an additional defence line in order to minimize transfer pricing-based risks from an MNE perspective.
Are You Ready for the Tax Technology?
Authors: Petrosino N.
Published: December 2023

In this article, the author points out how the Standard Audit File for Tax, a new (not EU-harmonized) VAT-reporting obligation, and the new digital era of mandatory e-invoicing will impact businesses’ procedures and the in-house tax function. As a matter of fact, the traditional role of the tax expert, focused on technical knowledge, will have to evolve and be enhanced to include IT and strategic communication skills.
Publishing Industry and Reduced VAT Rates: An Open Question
Authors: Centore P. , Sutich M.T.
Published: December 2023

In this article, the authors discuss the decision of the ECJ in K Oy and highlight the problems with the concept of an “average consumer”. From this decision, it seems that the opinion of the “average consumer” could justify the differential tax rates chosen by Member States. In the opinion of the authors, national courts can now apply this concept to ensure the neutrality of the VAT system and avoid discrimination between comparable goods or services.
Arbitration under the New Japan–Netherlands Tax Treaty
Authors: Vollebregt H. , Thomas R. , Pieschel W.
Published: December 2023

The authors provide an overview of the new mandatory arbitration clause contained in Art. 24 (Mutual agreement procedures) of the 2010 Japan–Netherlands tax treaty from a Japanese and Netherlands perspective. This clause covers all treaty issues and is not limited to disputes on transfer pricing and profit attribution to permanent establishments.
Building on the Rubble of Pillar One
Authors: Cooper G.S. (Graeme)
Published: December 2023

In this article, the author argues that Pillar One is crumbling before our eyes, but it might yet produce lasting, unexpected and welcome results if it establishes the group as one tax entity and brings to an end the sophistry of arm’s length pricing.
Dealing Effectively with the Challenges of Transfer Pricing: A Belgian Perspective on the Report of the OECD Forum on Tax Administration
Authors: Smits K.
Published: December 2023

The author considers the OECD Forum on Tax Administration report on dealing effectively with the challenges of transfer pricing, and compares the actions of audit teams in the field with the findings and recommendations of this FTA Report.
Eyes on the US Offshore Industry
Authors: Klaver E.
Published: December 2023

This article summarizes the jurisdictional basis for US taxation of the offshore industry on the Outer Continental Shelf in the Gulf of Mexico, examines the categories of foreign taxpayers operating there, analyses the characterization and source of income derived and applicable treaty considerations, and concludes with some practical comments.
Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ – Part 1
Authors: Weber D. (Dennis)
Published: December 2023

This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1 addresses the subjective and objective tests for establishing abuse, the concept of economic reality versus wholly artificial arrangements, the idea of a general principle of community law and the different levels of abuse. Part 2, to be published in European Taxation 7 (2013), analyses, inter alia, how specific an anti-abuse provision should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse.
European Tax Law and the Freedom of Choice Regarding Cross-Border Financing within Multinational Groups
Authors: Kollruss T.
Published: December 2023

Member States often try to restrict cross-border debt financing within multinational groups. The pending Swedish case, Lexel AB (Case C-484/19), is a prime example. This article analyses the Swedish rules on interest limitation in affiliated groups in the context of EU law and finance theory. Beyond the Lexel AB case, the higher-level question is how national interest deduction limitation rules should be legally formulated in relation to intra-group financing such that they do not conflict with EU law.
Taxation of Income of Non-Residents
Authors: Hassan B.
Published: December 2023

The author discusses different types of Pakistan-sourced income of non-residents and their taxation in the hands of non-residents in Pakistan, as updated in accordance with Finance Act 2018. Exemptions available to non-residents are also highlighted.
Bridging the Digital Divide – Taxation on Payments for Software, Information and Digitized Goods
Authors: Chung-Sim S.M. , Yu J.
Published: December 2023

This article outlines the key features of the proposed rights-based approach for the taxation of payments for software, information and digitized goods in Singapore. An international perspective is provided by way of comparison of the proposed approach to that of the OECD.
Non-Discrimination à la Cour: The ECJ’s (Lack of) Comparability Analysis in Direct Tax Cases
Authors: Wattel P.
Published: December 2023

The ECJ’s discrimination analysis in direct tax cases is inconsistent. It sometimes creates discrimination, condemns non-existent discrimination or fails to address discrimination. Only one comparability standard makes sense: to be (subject to tax) or not to be (subject to tax). The ECJ is not competent to require Member States to (selectively) assert taxing power where they symmetrically and sovereignly have decided not to. There is also only one relevant justification for differential tax treatment: tax base integrity.
US Taxation of Cross-Border Enterprise Services
Authors: West P.R. , Varma A.P.
Published: December 2023

This article examines the US tax rules governing the taxation of enterprise services, including fundamental classification, source, nexus treaty and transfer pricing issues. Special issues raised by the evolving nature of cross-border enterprise services are also considered.
Taxpayers’ Rights in the Courtroom
Authors: Scuffi M.
Published: December 2023

In this article, the author deals with the issues that taxpayers may face when they appear before Italian courts.
Recent Case Law on Transfer Pricing: Still in Need of an Autonomous Concept of “Production”
Authors: Schoueri L.E. , Galendi R.A. (Jr.)
Published: December 2023

This article discusses the recent Eli Lily case, as decided by the Brazilian Administrative Court. It provides a brief overview of the Brazilian transfer pricing method applicable to this case and describes the tax assessment by the tax authorities before analysing the decision of both the Administrative Court and its Superior Chamber.
Some Recent Tax Decisions of the European Court of Human Rights
Authors: Baker P.
Published: December 2023

This article examines some recent cases of the European Court of Human Rights concerning, in particular, allocation of taxpayer individual identification numbers, the right to a fair trial and retrospective tax legislation (and disproportionate penalties).
The Implications of the Supreme Court of Canada’s Decision in Alta Energy Luxembourg (2021) for the OECD Principal Purpose Test
Authors: Lavez R. Assef
Published: December 2023

In this article, the author demonstrates how the reasoning of the Supreme Court of Canada in the case of Alta Energy Luxembourg (2021) could influence the interpretation and application of the OECD Principal Purpose Test, resulting in an outcome more consistent with the protection of the rights of taxpayers.
The Upcoming ATAD 3 Substance Rules: Overview and First Challenges
Authors: Dukmedjian P-R. , Bénézet C.
Published: December 2023

With the issuance of the third draft Anti-Tax Avoidance Directive, the European Commission continues its path in developing a grid of measures aimed at fighting tax evasion and avoidance at a European level. These new measures focus more specifically on entities lacking substance to prevent them from being entitled to improper tax benefits. However, the authors note that the first release of this set of rules is also lacking in precision regarding key concepts that are prerequisite to understand the exact scope of the entities targeted but also the tax consequences that would apply to entities falling within such scope. In this article, the authors provide an overview of the envisaged rules as currently drafted, together with a first set of practical challenges that could derive form their interpretation.
ESG Transformation and Transfer Pricing Implications
Authors: Burgstaller I.
Published: December 2023

ESG issues may have an impact on international value chains and, therefore, also the transfer pricing set-up. The transfer pricing topics are manifold and may refer to business restructuring, allocation of functions and risks, service charges and cost allocations.
Exchange of Tax-Related Information and the Protection of Taxpayer Rights: General Comments and the Brazilian Perspective
Authors: Rocha S.A.
Published: December 2023

This article examines certain specific points relating to the protection of the rights of taxpayers within the context of the exchange of information for tax purposes, with emphasis on the Brazilian experience. In this respect, the author considers both automatic exchange and exchange on request.
Articles 10 and 11 of the OECD Model and the Commentaries on the OECD Model (2017): When Clarifications Raise Further Doubts
Authors: Patti G.F.
Published: December 2023

The changes made to the OECD Model and the related Commentaries throughout the years have generated doubts regarding the scope of articles 10 and 11. In particular, certain amendments to the 2017 OECD Commentary had the effect of raising uncertainties regarding the territorial scope of these provisions.
Suggested Approaches to Harmonization of Transfer Pricing and Customs Rules
Authors: Bilaney S.K.
Published: December 2023

The author proposes ways in which transfer pricing and customs valuation rules could be harmonized so as to provide greater certainty for taxpayers.
Clarification of the Tax Treatment of Limited Partnerships
Authors: Mischo P. , Berna P.
Published: December 2023

The Luxembourg tax administration issued a circular on 9 January 2015 clarifying the direct tax treatment of Luxembourg limited partnerships. This note comments on the impact of the circular on the alternative investment fund sector.
Permanent Establishments, Enterprises and the Capital Allocation Approach
Authors: Nijkeuter E. , Brouwers D.M.
Published: December 2023

The authors consider various aspects of the Decree on the Attribution of Profit to Permanent Establishments, which was issued in 2011 in response to the OECD report on the same subject.
Payments for the Use of a Footballer’s Image Rights: A Belgian Court’s Interesting Endeavour at Treaty Qualification
Authors: Michel B.
Published: December 2023

In this article, the author examines a recent decision by the Court of Appeal of Ghent (Belgium) regarding the qualification for tax treaty purposes of image rights payments derived by a non-resident professional football player, active in the Belgian first division.
Treaty Shopping and Limitation on Benefits Articles in the Context of the OECD Base Erosion and Profit Shifting Project
Authors: Jiang Q.
Published: December 2023

The author, in this article, considers the concept of limitation on benefits articles as advanced by the OECD and the United States in relation to treaty shopping, with special emphasis on the implications of Action 6 of the OECD Base Erosion and Profit Shifting initiative.
Prohibition of Confiscatory Taxation in Latin Jurisprudence: A Three-Step Test to Determine when Taxes Violate Property Rights
Authors: Ramírez G.
Published: December 2023

In this article, the author examines the constitutional prohibition of confiscatory taxation in light of the jurisprudence of various Latin countries in Europe and in Central and South America. The author proposes a three-step test to resolve the problems surrounding this issue.
Location Savings in Indonesia
Authors: McCarthy J. , Hanif A.
Published: December 2023

In this article, the authors describe the concept of location savings
and the position taken by the Indonesian tax authorities.
Taxation of Non-Residents in Kazakhstan
Authors: Zhabbarov A.
Published: December 2023

This note outlines key provisions of the Tax Code regulating the taxation of non-residents, some practical issues that foreign investors should be aware of and recommendations on addressing these issues.
Voucher Directive – Italian Implementation
Authors: Pavesi S.
Published: December 2023

The aim of the Voucher Directive is to align the Member States’ legislations and practices with respect to these instruments. Italy implemented the Voucher Directive and provided a very strict definition of the so-called single-purpose voucher, the issuance and supply of which is relevant for VAT. This strict definition can be seen as a simplification; however, the margin of interpretation of many aspects is very wide, and the potential risk of double or unintended non-taxation still exists. In this article, the author analyses the controversial aspects of the Italian implementation of the Voucher Directive, highlighting similarities, discrepancies and difficulties connected with the concrete application of the implementing law.
Labyrinth of Choices in Respect of International Tax Dispute Resolution from a Netherlands Perspective
Authors: Dijkstra W.E.J. , Pötgens F.P.G. , Spijker P.A.
Published: December 2023

In this article, the authors discuss the various options available for resolving international tax disputes from a Netherlands perspective. In particular, the article (i) describes the temporal, territorial and substantive scope of international proceedings; (ii) addresses the concurrence of multiple dispute resolution mechanisms; (iii) considers the legal position of the taxpayer; (iv) sets out possible outcomes; (v) describes possibilities to challenge a final decision; and comments on dispute resolution mechanisms in the context of the OECD Pillar One and Pillar Two proposals.
Overview of Korean Supreme Court Case Law Regarding Beneficial Ownership
Authors: Park J-C. , Choi I-J.
Published: December 2023

This article provides an overview of Korean Supreme Court (KSC) decisions regarding how the concept of beneficial ownership in tax treaties is applied and how the Korean-source income derived by foreign transparent entities is taxed in Korea.
What Non-US Investors Should Know about the New US Tax Law
Authors: Ouyang H. , Yang J.G.S.
Published: December 2023

This article discusses the effect of the US Tax Cuts and Jobs Act of 2017 on taxpayers with an emphasis on non-US investors. Specifically, it notes the reductions in various tax rates, the move from a worldwide tax system and to a territorial one and the introduction of anti-avoidance measures.
Taxation of Investment Funds Following the OECD Base Erosion and Profit Shifting Initiative – Part 2
Authors: Merten M.
Published: December 2023

Part 1 of this article reviewed the taxation of investment funds in light of the various changes and reforms proposed by the OECD/G20 Base Erosion and Profit Shifting initiative. Part 2 examines the topic by way of Case Study, and considers the relevant EU law issues.
Recent Developments in German Tax Treaty Policy
Authors: Baltromejus M.
Published: December 2023

An overview of key changes pertaining to recent tax treaties and protocols signed by Germany is provided.
The Concept of Dependent Agent Permanent Establishment in Transfer Pricing Theory
Authors: Verdoner Louan
Published: December 2023

The previous issues of the International Transfer Pricing Journal featured a number of country analyses on local consequences of the French Supreme Administrative Court decision in the Zimmer case. The Court held that a French subsidiary of a foreign parent company, which operated in France under French law as a commissionaire, did not constitute a taxable French permanent establishment in France of the foreign company. Mr Louan Verdoner, who prepared the outline for the survey, now presents his own views on the matter.
Voluntary Payment of Taxes and Voluntary Adjustments of Transfer Prices: Some Observations Following Recent Events in the United Kingdom and Beyond
Authors: Hawkes J.
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 the United Kingdom.
Equity-based compensation : Malaysia
Authors: Wong A. (Adeline) , Chong M.Y. , Ng J. (Janice)
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.
UK Special Commissioners Decide the Resolute Case Concerning the Taxation of an Ex Gratia Termination Payment as Employment Income
Authors: Cleave B.
Published: December 2023

In this article, the author considers the UK Special Commissioners’ decision in the Resolute case concerning the right to tax an ex gratia payment to a US citizen on ceasing to work in the United Kingdom, which was decided by reference to domestic law and the 2001 United Kingdom–United States tax treaty.
Shaping Input Tax Incentives for Companies Spending on R&D under the 2016 CCTB Directive Proposal
Authors: Pérez Bernabeu B.
Published: December 2023

In this article, the author examines R&D incentives under the 2016 CCTB Directive Proposal.
The Future of the Taxation of Software Payments: Reflections on the Proposal to Amend Article 12 of the UN Model as Discussed by the UN Tax Committee in April 2021
Authors: Goede J.J.P. de
Published: December 2023

In this contribution to the 75th anniversary issue of the Bulletin for International Taxation, Professor Jan de Goede comments on the taxation of software payments in light of the proposal to change article 12 of the UN Model as discussed by the UN Tax Committee in April 2021.
On the Source and Taxation of Royalties in Hong Kong
Authors: Mariani S.
Published: December 2023

This article challenges the scholarly and judicial focus on the deeming provisions of section 15 of the Hong Kong Inland Revenue Ordinance to treat income arising from certain intellectual property rights as having a source, and therefore being taxable, in Hong Kong. The author examines the place of the trade or business test in section 14 of the Ordinance, and how it should be applied to contemporary transactions involving intellectual property rights.
Financial Products Update
Authors: Hammer V.
Published: December 2023

The author highlights numerous US developments impacting financial products, including regulations under the Internal Revenue Code, IRS rulings, guidance and memoranda, court cases, accounting rules, and SEC guidance.
“Two’s Company, Three’s a Crowd” – The Triad of Controlled Foreign Company Rules and the Two-Sided Income Inclusion Rule under the OECD’s Pillar Two Global Minimum Tax Proposal
Authors: Lindgren M.
Published: December 2023

This article analyses multiple issues and offers recommendations regarding the overlap between standard controlled foreign company rules and the income inclusion and qualified domestic minimum top-up tax rules of the OECD’s Pillar Two Global Minimum Tax proposal.
Enforcement or Cooperation – An Analysis of the Compliance Psychology of Taxpayers
Authors: Singh Asmita
Published: December 2023

There is increasing emphasis on moving from an enforcement model of tax compliance to voluntary cooperation. This article analyses both concepts as well as the compliance behaviour of taxpayers on a psychological level as well as in the context of their culture, and proposes a framework to synthesize individual behaviour and national culture with the optimum enforcement-cooperation mix that would be best suited for maximizing tax collection in a particular jurisdiction.
Tax and Fiscal Policy Measures in Response to the COVID-19 Crisis – Overview and Economic Analysis for Germany
Authors: Weber S.
Published: December 2023

COVID-19 is causing a health crisis and a decline in economic activity, forcing governments to take unprecedented measures. According to the IMF, Germany is one of the world leaders in terms of spending to mitigate the related economic consequences. This article provides an overview of the main tax and fiscal policy measures in Germany as well as the related effects on financial decision-making.
Weaknesses of VAT in Nepal
Authors: Sharma D.R. , Sarker T.K.
Published: December 2023

Although VAT is a significant source of tax revenue in Nepal, the
system displays a number of weaknesses. In this article, the authors discuss
the most important shortcomings of the VAT system.
Loss Utilization
Authors: Bernas R.
Published: December 2023

This comparative survey article on Philippines is based on a paper presented at the Baker & McKenzie 30th Annual Asia-Pacific Tax Conference held in Hong Kong from 13-14 November 2014. The 31st Annual Asia-Pacific Tax Conference is to be held in Singapore in November 2015.
Finance Act 2013
Authors: Roxburgh D.
Published: December 2023

The Finance Bill 2012-13 to 2013-14 was made law as the Finance Act 2013 on 17 July 2013. This note covers those provisions of the FA that are of most relevance and importance for international tax practitioners and provides section references for the remainder.
Case Studies on Partnerships and Other Hybrid Entities
Authors: Dziurdź K. , Fuentes Hernández D. , Pinetz E.
Published: December 2023

On 21 October 2013, the case study conference “Practical Problems of Tax Treaty Interpretation and Application” was held at the WU in Vienna. This contribution summarizes the main points of the discussion chaired by Michael Lang with representatives of various countries (who articulated their personal views).
Major Questions Raised by New US Excise Tax on Stock Buybacks
Authors: Martin H.
Published: December 2023

The United States has adopted a new 1% excise tax on the fair market value of stock repurchased by certain publicly traded corporations during a tax year. The statute has been drafted broadly, with the result that the tax may apply more widely than intended.
Transfer Pricing Documentation for Permanent Establishments
Authors: Vernia G.
Published: December 2023

The author outlines new challenges for the tax departments of multinational enterprises (MNEs) arising from the obligations under the newly revised OECD Guidelines. In the current framework of increasing scrutiny by tax authorities, such challenges are especially relevant in the case that an MNE’s presence in a given country is limited to a permanent establishment. The evolution towards the currently applicable law on transfer pricing documentation for permanent establishments and the level of implementation of the new provisions in a sample of significant countries are also presented.
Tax Authorities Comment on Possibility to Avoid Penalties by Preparing Appropriate Documentation of Transfer Pricing
Authors: Peracin G. , Benettin S.
Published: December 2023

Italian taxpayers that prepare suitable transfer pricing documentation and provide notice thereof to the tax authorities, may be able to avoid penalties that can be imposed on incorrect tax returns. This article considers recent comments by the tax authorities on this matter.
Transfer Pricing Guidance Issued by Ministry of Finance
Authors: Stroykova S.
Published: December 2023

The author discusses the status of letters issued by the Ministry of Finance, as well as the contents of two such letters that provide guidance on transfer pricing issues.
Amendments to the VAT Systems of EU Member States on 1 January 2013
(2)
Authors: The Editors
Published: December 2023

On 1 January 2013, the Member States of the European Union must have
transposed into their national VAT Acts the new rule on the place of long-term
hiring of means of transport and the provisions contained in the Second
Invoicing Directive. In this article, the editors give an overview of the state
of the transposition process in the individual Member States at mid-January
2013.
Transfer Pricing Litigation Trends and Dispute Resolution Mechanisms
Authors: Bilaney S.K.
Published: December 2023

Transfer pricing is one of the most litigious areas of taxation. This article discusses transfer pricing litigation trends in India and various dispute resolution mechanisms available to taxpayers for resolving transfer pricing disputes. In addition, analyses of statistical data relating to results achieved by various dispute resolution mechanisms are also presented.
The Effectiveness of Mutual Agreement Procedures as a Means for Settling
International Transfer Pricing Disputes
Authors: Biçer R.
Published: December 2023

This article addresses the current status quo of the mutual agreement
procedure, tackling the various issues related to article 25 of the OECD Model
Convention and the EU Arbitration Convention (90/436). Certain obstacles to a
proper functioning of the MAP are also addressed, including the underlying
reasons of why the MAP has been an ineffective process and double taxation
persists even where a MAP is put in effect.
German Tax Authorities’ First Reaction after the ECJ’s Hornbach Decision – An Attempt to Limit the Damage?
Authors: Heidecke B. , Kircher M. , Sussick J.
Published: December 2023

In summer 2018, the European Court of Justice found that one of the core German transfer pricing laws might not be fully compliant with EU law. Germany’s Ministry of Finance has now issued its first administrative reaction to this court decision. In this article, the authors explain the legal background for the Court’s decision, outline the regulations in the new German administrative guidance and discuss whether the new guidance can help to resolve the uncertainty for taxpayers.
Belgium Following the Recent Excess Profit Rulings Decision
Authors: Heyvaert W. , Sheikh Mohammad V.
Published: December 2023

In this article, the authors comment on the Belgian excess profit rulings saga. After a short overview of the legal and factual background to the case, they examine the Commission’s negative decision and recovery order. Subsequently, they analyse the General Court’s decision and discuss its potential impact on the current proceedings pending before the EU judiciary. Finally, they reflect on the impact of the ongoing process on Belgium’s reputation on the international tax scene as an investor-friendly jurisdiction.
Belgian Court of Appeal Wipes the Floor with Ambulatory Use of 2017 Transfer Pricing Guidelines – But Not without Testing the Tax Authorities’ DEMPE Function Analysis
Authors: Michel B.
Published: December 2023

In this article, the author analyses a case decided by the Belgian Court of Appeal (Ghent) on 8 June 2021, which concerns the application of the DEMPE functional analysis by the Belgian tax authorities on a patent developed and exploited by a Belgian group of companies. The decision and the analysis focus on two questions: first, whether the OECD Transfer Pricing Guidelines (2017) of which the DEMPE functional analysis forms a crucial new addition can be applied dynamically to facts that took place before their adoption; and secondly, whether the tax authorities’ DEMPE functional analysis in the case at hand was correct.
Reform Issues in
Mineral Tax Policy for Economic Development: The Mineral Resource Rent Tax in
Australia
Authors: Sarker T.K. , Whalan E.
Published: December 2023

In this article, the authors examine the theoretical background to,
and practical implications of, the introduction of a resource-based mineral tax
in democracies with specific regard to the example of Australia and the
political crisis engendered in Australia by the proposed implementation of such
a tax.
Global Transfer Pricing Conference 2020: Transfer Pricing Developments around the World
Authors: Buriak S. , Riedl M.
Published: December 2023

This article highlights key points discussed during the fifth Global Transfer Pricing Conference, “Transfer Pricing Developments around the World 2020”, organized by the Transfer Pricing Center at WU Vienna University of Economics and Business, Institute for Austrian and International Tax Law, and summarizes the topics analysed during the eight sessions of the event.
The Transfer Pricing Aspects of Cross-Border Performance Guarantees
Authors: Deshpande G.
Published: December 2023

This article considers the transfer pricing aspects of cross-border performance guarantees and the various issues to which the payment of fees associated with such guarantees give rise.
Case Notes
Authors: Dugar A.
Published: December 2023

The author provides three case notes on recent significant international tax decisions released by the Supreme Court of India and the Delhi High Court. The first note explains the Supreme Court’s February 2017 decision in Director of Income Tax v. AP Moller Maersk AS, which confirmed the decisions of the Income Tax Appellate Tribunal and the High Court that payments made to the AP Moller Maersk AS international shipping line by its agents located in India for the use of a shared global telecommunication facility were not fees for technical services, which would have been liable for tax in India. Rather, the Supreme Court held that the payments were cost reimbursements, which did not have an income character and, therefore, were not liable to tax in India. The second case addresses the Supreme Court’s decision in Formula One World Championship Limited v. Commissioner of Income Tax, International, which upheld the Delhi High Court’s decision that the taxpayer carried on a business in India through a permanent establishment and was liable to tax in India in respect of the profits attributable to that permanent establishment. The third note outlines the judgment of the Delhi High Court in Commissioner of Income-tax, International-2 v. ZTE Corporation, which held that payments for software embedded in mobile telephone equipment were not royalties, but were part of the purchase price of the equipment itself. Therefore, India could not impose tax on the software component of the purchase price as a tax on a royalty.
“God Save the Brexit”: Tax Implications of Leave Vote
Authors: Ambagtsheer-Pakarinen L. , García Antón R. , Mattes L. , Nogueira J.F. Pinto , Popa O. , Vlasceanu R.
Published: December 2023

This article covers the tax implications that may arise as a consequence of the exit of the United Kingdom from the European Union, detailing both indirect and direct tax matters.
The 75th Anniversary of the Bulletin for International Taxation: “75 Years of International Taxation: Looking Back and Looking Ahead”
Authors: Hattingh P.J.
Published: December 2023

Johann Hattingh provides an overview of articles in the 75th anniversary special issue of the Bulletin for International Taxation that cover thematically arranged topics prepared by distinguished authors, while he also looks back at the development of the journal and its future.
VAT Registration Thresholds in Europe
Authors: Annacondia F. , Corput W. van der
Published: December 2023

As is traditional in the sixth issue of each year, in this issue of the International VAT Monitor, the editors present an overview of the VAT thresholds in most European (both EU and non-EU) countries. In order to allow comparison, all national thresholds expressed in currencies other than the euro have been converted into euro. The overview, which is based on information provided by our correspondents, reflects the situation in October 2011 supplemented with announced amendments entering into force on 1 January 2012.
New EU VAT Rules Applicable from 1 January 2011
Authors: Annacondia F. , Corput W. van der
Published: December 2023

On 1 January 2011, the Member States of the European Union must (or may) have transposed Art. 3 of Directive 2008/8 and the provisions of Directives 2009/69, 2009/162 and 2010/23 into their national VAT legislation. In this overview, the editors present an overview which reflects the situation prevailing at mid-January 2011, which is an update of the overview that was published in the final issue of 2010.
Constructive Permanent Establishments: Canadian Comments on the
Zimmer Case
Authors: Wilkie J.S.
Published: December 2023

Part of the Comparative Survey. The French Supreme Administrative
Court recently decided in the
Zimmer
case that
a French subsidiary of a foreign parent company, which operated in France under
French law as a commissionaire, did not constitute a taxable French permanent
establishment in France of the foreign company. The case has been explained in
"
Zimmer
Case: The Issue of the
Deemed Existence of a Permanent Establishment Based on Status as a
Commissionaire" by Mr Pierre-Jean Douvier and Ms Xenia Lordkipanidze
(17 International Transfer Pricing Journal 4, 2010).
Country report about this issue on Canada.
Admission Covers Participation under EU VAT
Authors: Swinkels J.J.P.
Published: December 2023

On 1 January 2011, the place-related rule in B2B relationships to services relating to admission to cultural, artistic, sporting, scientific, educational, entertainment or similar events, such as fairs and exhibitions has changed. In this article, the author discusses the European Commission’s approach aimed at excluding from that place-related rule admission of non-resident, pre-registered participants to conferences, seminars and other similar scientific or educational events, and the confusion it has created.
The Application of the Arm’s Length Principle to the Allocation of Joint Efficiencies within MNEs
Authors: Peng C.(X.)
Published: December 2023

This article attempts to address the arm’s length approach to allocating joint efficiencies within MNEs from a practical perspective, given the assumption that the arm’s length principle is conceptually accountable for the combined force of an MNE. Particularly, this article discusses the five transfer pricing methods in detail as well as real-life solutions to allocating economies of scale, a prototype of joint efficiencies, in the context of procurement activities.
Fiat Emerges Victorious in State Aid Battle with European Union: What’s Next?
Authors: Shi M.
Published: December 2023

This article delves into the decision by the Court of Justice of the European Union concerning the Fiat State aid case. The outcome of this case will set a precedent for similar ongoing disputes and influence the European Commission’s future strategy in this field. State aid remains a tool to combat harmful tax competition; yet, recent developments signal that further tax harmonization at the European level is approaching.
2013 Italian Financial Transaction Tax
Authors: Salvadori di Wiesenhoff V. , Egori R.
Published: December 2023

The authors review the newly introduced Italian financial transaction
tax, which, in principle, affects all transactions in Italian equity
instruments traded and settled as from 1 March 2013 and Italian equity
derivatives traded as from 1 July 2013.
Chinese Taxation on the Move
Authors: Wang J. (Jun)
Published: December 2023

In this article, Wang Jun, Commissioner of the State Administration of Taxation of the People’s Republic of China, comments on recent and upcoming important developments regarding Chinese taxation.
Protection of VAT Revenues May Infringe Human Rights
Authors: Tzenova L.
Published: December 2023

In this article, the author discusses that, under two fairly recent
judgments of the European Court of Human Rights, the principles of European law
already apply in accession countries many years before the formal date of
accession. Actions of the tax authorities aimed at protecting VAT revenues may
also constitute an infringement of the right to the peaceful enjoyment of the
possessions of businesses established in EU Member States, which may make it
possible for those businesses to rely on additional judicial
remedies.
The Association between climate indexes and tropical cyclones in decadal rainfall in San Ramón, Costa Rica
Authors: Quesada Marvin E.
Published: December 2023

The decadal variability of precipitation over San Ramón, Costa Rica (SR-CR) and its relationship with the ONI, CLLJ, AMO indexes, and the frequency of tropical cyclones is investigated. Correlation tests are applied between the different indices with eight decades of precipitation in San Ramon. De-cadal precipitation shows that the driest were 1960-69 and 1980-89, and the wettest were 1970-79 and 1990-99. Every twenty years there is a climate change from wet to dry or dry to wet. During El Niño (ONI) events, the Pacific increases sea surface temperature (SST) and precipitation decreases in SR-CR and during La Niña, SST decreases and tends to rain more in SR-CR. Low values of the CLLJ tend to increase the incidence of precipitation in the area. Cyclonic activity has an appreciable influence on rainfall in SR-CR, the first two decades there were one and two cyclones. However, the rest of the decades showed more cyclones per decade, as is the case with 2010-19 with 8 cyclones. The relation-ship between the AMO index and precipitation in San Ramon has a 3-month lag.
ISSUES OF MANAGEMENT REPORTING ON SOCIAL RESPONSIBILITY OF BUSINESS
Authors: Hakobyan Armen , Gasparyan Vahe
Published: December 2023

The progressive business community currently responsible for environmental protection and sustainable development of society. In this sense, there is a need for accounting to present reports related to sustainable development and thereby public awareness of the social responsibility undertaken by organizations. International standards of the IFRS-S series, which are currently in force, present such requirements to the financial accountability of organizations, but social responsibility is perhaps left out of the scope of managerial accounting.

The article proposes a methodology for managerial accounting of the results of social responsibility of organizations, which comes to complement the requirements of IFRS-S international accounting standards.
ACCOUNTING FEATURES OF THE SALE OF PRODUCTS WITH THE RIGHT OF RETURN ACCORDING TO THE REQUIREMENTS OF THE IFRS 15
Authors: Poghosyan Manya , Harutyunyan Gohar
Published: December 2023

Returning goods in commercial organizations is one of the most common deals, the reasons for which are different։ product malfunction, defects, inconsistency with the range specified in the contract, etc. However, the return of the goods may not take place in cases of lack of consumer characteristics of the goods, presence of defects or inconsistency of the assortment, but in accordance with the clause stipulated in the contract, according to which the buyer has the right to return the unused part of the goods. However, the return of the goods may be implemented not in cases of lack of consumer characteristics of the goods, presence of defects or inconsistency of the assortment, but in accordance with the clause stipulated in the contract, according to which the buyer has the right to return the unused part of the goods.

Although the return of unused goods by the customer is not new in practice, the previous IAS 18 "Revenue" standard did not outline any accounting approach. While IFRS 15 “Revenue from Contracts with Buyers” standard offers a unique approach to accounting for each item of the contract, more specifically, it makes the accounting flexible and conforms to the terms of the contract, which, of course, only improves the accounting. Moreover, if the customer, according to the contract, has the right to return a part of the unused goods, therefore, there is a need to develop the mechanisms for the sale, write-off and return accounting of the goods under the conditions of return.

This article presents the mechanisms of evaluation and accounting of products corresponding to contracts with the right of return, which need to be identified and developed at the theoretical and practical level for the preparation of financial statements.
IMPROVING FINANCIAL PERFORMANCE ACCOUNTING IN THE CIRCULAR PRODUCTION
Authors: Tadevos Alisa , Khachatryan Qnarik
Published: December 2023

Circular manufacturing aims to recycle production waste and repurpose it into a manufacture process. In this sense, business stakeholders have an informational requirement to understand the financial consequences of organizing circular production. The article presents the methodology of recording financial results related to circular production and their presentation in accounting reports. New accounts and accounting correspondence are proposed, which are performance the information flows of financial results of circular production with double entry.
Սիրիայի պատերազմի ընթացքում հայերի կրած զրկանքները (2012–2018)
Authors: Ավագյան Քնարիկ Ռ.
Published: December 2023

В ходе тяжелых боев в Сирии с 15 марта 2011 г. и по сей день армяне как преданные граждане гостеприимной сирийской страны вместе с местным населением, а также другими этническими группами, в частности – христианами, понесли значительные человеческие и материальные потерии. Во время сирийской войны армяне понесли тяжелые физические и морально-психологические лишения, а также в связи с необходимостью выживания в ряде случаев вынуждены были даже добровольно принимать ислам и т. д.. В этих условиях трудно представить, какой ценой они должны вернуться или продолжить жить, а также восстанавливать разрушенные войной некогда многолюдные армянские районы Сирии, все больше заселенные мусульманами. Ситуация, когда отдельные представители пока еще действующих армянских общинных организаций в Сирии, а также разбавленной общины неоднократно выступали с призывамы ко всем переселившим за рубежом сирийским армянам – вернуться и возродить общину.
Throughout the hot war operations unleashed in Syria, since March 15, 2011, and later, the Armenians, as devoted citizens of the hospitable Syrian country, together with the local population, as well as the other ethnic groups, in particular – the Christians, suffered significant human and material losses. During the Syrian war, the Armenians suffered harsh experiences of physical and moral deprivations, as well as in some cases, due to the necessity of survival, in some cases even were obliged voluntary to convert to Islam, etc.. In these cases, it is difficult to imagine at what cost the Armenians should return or continue to live and also restore the districts in Syria, once full of Armenians, but destroyed as a result of the war and increasingly populated with Muslims. It is a case, where some representatives of still acting Armenian community organizations in Syria, as well as diminishing community have repeatedly made appeals to all Syrian-Armenians resettled abroad – to return and to reborn the community.
Motivasi Tokoh Utama Novel Merry Riana: Mimpi Sejuta Dolar Karya Albertheine Endah (Tinjauan Psikologi Abraham Maslow)
Authors: Marni Puspasari  , Salam  , Azis
Published: December 2023

This study aims to describe the motivational aspects of the main character in the novel Merry Riana Mimpi Sejuta Dolar by Alberthiene Endah, a psychological review of Abraham Maslow. This type of research is qualitative descriptive research. This qualitative research makes the researcher the key instrument. The data collection techniques used are documentation techniques, reading techniques, and note-taking techniques. Data analysis techniques use data reduction, data presentation, inference and verification. Finally, data validity checking is done by triangulation. The results showed two things, first, the existence of motivation in the novel Merry Riana: A Million Dollar Dream by Albetheine Endah which includes: motivation to meet physiological needs, motivation to meet security needs, motivation to meet social needs, motivation to meet self-esteem needs, and motivation to meet self-actualisation needs. In addition, another motivation was also found, namely economic motivation.