bluuebunny/crossref_metadata_2025 huggingface dataset:
Towards Clarification of the EU VAT Treatment of Vouchers
Authors: Rodrigues A. , Lambourne M.
Published: December 2023

On 10 May 2012, the EU Commission launched its proposal on the VAT treatment of vouchers. In this article, the authors discuss the consequences of the recent judgments of the ECJ in Astra Zeneca and Lebara for the UK arrangements on vouchers. They also explain the main provisions of the Commission’s proposal and their effect on the current VAT treatment of vouchers in France and the United Kingdom.
Fiat State Aid Coming to a Positive End?
Authors: Rasch M. , Wroblewski P.
Published: December 2023

This article discusses the Opinion of Advocate General Pikamäe in Fiat Chrysler Finance Europe v. Commission, in particular the considerations whereby the Advocate General concluded that this is not a State aid case.
Opinion Statement of the CFE on Proposed Changes to the Commentary on Art. 5 of the OECD Model Tax Convention (Permanent Establishment)
Authors: Confédération Fiscale Européenne
Published: December 2023

This is an Opinion Statement prepared by the CFE Fiscal Committee. The CFE is the leading European association of the tax profession with 33 national tax adviser organisations from 24 European countries representing over 180,000 tax advisers.
Commodity Traders: Transfer Pricing in the Era of Tax Transparency
Authors: Middelkoop B. , Gniadecka J. , Barndollar J.
Published: December 2023

Given the scale and profitability of firms operating in commodity trading industry, and with the rapidly progressing changes in the tax and transfer pricing landscape, it is expected that commodity traders will be under increasing pressure to review their approach to transfer pricing. In this article, the authors aim to examine the most critical aspects relevant for such review, with a particular focus on a role and contribution of each part of the trading business and the degree of risk taken by (part of) enterprise.
Managing Transfer Pricing Risks by Multinational Companies in China
Authors: Zhao A.
Published: December 2023

In the past year, the Chinese tax authorities have issued three new circulars to outline their position and approach in dealing with transfer pricing issues. This article seeks to identify the specific areas that are likely to draw heightened attention from the Chinese tax authorities from now on and provides recommendations on how to prepare for the new audit environment.
Transfer Pricing in Business Practice in the Light of an Increase of Intra-Group Services – Results from the Transfer Pricing Study 2021
Authors: Bärsch S-E. , Kluge S.
Published: December 2023

As part of the Transfer Pricing Study 2021, German businesses and businesses in the other parts of the DACH region were asked about the design of their transfer pricing systems and their experiences with the acceptance of those systems among tax authorities and within the firm. In particular, the implications of the increase in intra-group services for the design of transfer pricing systems and transfer pricing management were examined.
Transfer Pricing Aspects of Marketing Intangibles: An Indian Perspective
Authors: Wagh S.
Published: December 2023

In this article, the author considers the transfer pricing aspects of marketing intangibles from an Indian viewpoint, with particular emphasis on the controversy surrounding this subject. The author also analyses recent developments on the transfer pricing of marketing intangibles with regard to the OECD’s Base Erosion and Profit Shifting (BEPS) project.
What Is the Scope of the Concept of “Income” in Article 16 of the OECD Model?
Authors: Cools A.
Published: December 2023

The author, in this article, further examines the scope of article 16 of the OECD Model and specifically considers what items of income should be regarded as being directors’ fees.
2010 OECD Transfer Pricing Guidelines: Comments on the Impact in Andean Countries
Authors: Castro Jurado S. , Del Rio M.
Published: December 2023

In July 2010, an updated version of the OECD Transfer Pricing Guidelines was released. This article considers the impact of the changes in the Andean countries.
Transfer Pricing Regulations in Saudi Arabia
Authors: Raheem Adheela A.
Published: December 2023

In anticipation of the introduction of a transfer pricing policy in Saudi Arabia, the General Authority of Zakat and Tax made an amendment in 2014 to article 10(11) of the Saudi tax by-laws, laying down the concept of the arm’s length principle and including a provision to disallow any charges by a related party if in excess of arm's length value. This article provides a detailed description of the transfer pricing regulations in the Kingdom.
Report on the Tenth Session of the United Nations Committee of Experts on International Cooperation in Tax Matters
Authors: Arnold B.J.
Published: December 2023

This article reports on the Tenth Session of the United Nations Committee of Experts on International Cooperation in Tax Matters regarding the various issues considered in relation to the next update of the UN Model and the Commentaries on the UN Model, which are planned to be published in 2017.
2008 Finance
Act
Authors: Roxburgh Douglas
Published: December 2023

This note follows on from those of the author on the
UK Pre-Budget Report (PBR) 2007

Douglas Roxburgh, “2007 Pre-Budget Report”, European Taxation 1 (2008), pp. 46-48.
and UK 2008 Budget (Budget).

Douglas Roxburgh, “2008 Budget”, European Taxation 6 (2008), pp. 331-334.

It comments on the abolition of the income tax (IT)
starting rate and on day counting determining tax presence in the United
Kingdom. These are two of the topics covered in the PBR and the Budget and the
relevant provisions are now embodied in Finance Act (FA) 2008, which became law
on 21 July 2008.
Transfer Pricing Considerations for the Oil and Gas Industry – An Asian
Perspective
Authors: Coronado L. , McCarthy J.
Published: December 2023

Complex multi-jurisdictional value chains, offshore structures and
intercompany transactions in the highly specialized oil and gas industry give
rise to specific transfer pricing considerations, as discussed by the authors
in this article. Recent developments in this area of tax in Asia and the
approach of tax authorities are also briefly covered.
Workforce in Place: Is It an Intangible to Pay for?
Authors: Pansé A.
Published: December 2023

This article traces the history of workforce in place as a possible
intangible and critiques the OECD view of this issue. A holistic framework is
discussed for considering workforce in place, along with the importance of such
framework in a world where tax authorities actively target base erosion and
profit shifting.
The Judicial Creation of a General Anti-Avoidance Rule Rooted in the Constitution
Authors: Cordeiro Guerra R. , Mastellone P.
Published: December 2023

In this article the authors discuss recent decisions of the Italian Supreme Court, wherein the Court determined that a general anti-avoidance rule exists under Italian law, which stems from the ability to pay principle in Art. 53 of the Constitution. The authors point out the numerous problems resulting from the judicial creation of such a pivotal provision, including the fact that it potentially violates other constitutional provisions and usurps the legislator’s jurisdiction.
Common Consolidated Corporate Tax Base
Authors: Sousa da Câmara F. de , Santiago B.
Published: December 2023

After eight years of preparation, the European Commission released on 16 March 2011 its Proposal for a Council Directive on a Common Consolidated Corporate Tax Base. The proposed Directive would, on an optional basis, allow group companies to file a single tax return in a single Member State for all group members operating in the European Union. The International Transfer Pricing Journal features a comparative survey examining how this proposal has been received in various Member States, along with an outline prepared by Mr. Louan Verdoner. Country report on Portugal.
Issuance of CbC Reporting and TP Documentation Requirements
Authors: Haq I.
Published: December 2023

Pakistan, in the wake of signing the Multilateral Convention on Mutual Administrative Tax Matters, has implemented BEPS Action 13 by making changes in the Income Tax Ordinance 2001 and the Income Tax Rules 2002. This article highlights the amendments made and explains the ensuing treatment of CbC reporting and TP documentation requirements.
The Concept of Cooperative Compliance
Authors: Enden E. van der , Bronzewska K.
Published: December 2023

This article, the first in a series of two, discusses the concept of
cooperative compliance in reference to the OECD work on this topic, and four
jurisdictions in which it has been implemented.
60 Years of the European Convention on Human Rights and Taxation
Authors: Baker P.
Published: December 2023

In this article, the author provides a survey of European Court of Human Rights decisions, from the 1959 X v. Germany case, regarding a tax levy on speculative bonds, to a series of recent cases on the prohibition of double jeopardy (ne bis in idem) set out in article 4 of the Seventh Protocol. The author goes on to examine areas in which the application of the ECHR has resulted in changes in the law, the biggest failings of the ECHR/ECtHR, the position of the taxpayer in the 2020s and, finally, the cause of any shortcomings in failing to protect taxpayers’ rights, together with possible solutions.
Rating the European Commission’s Proposal on VAT Rates
Authors: Peeters M.
Published: December 2023

On 18 January 2018, in a string of recent proposals concerning the “definitive VAT system”, the European Commission issued a proposal for a Council Directive reforming the current VAT rate system. In order to fully grasp the implications of this proposal, it is not sufficient to merely look at its content. Regard must also be had to the impact on the rates currently applied by the Member States. To this end, the author use Belgium as a case study to highlight deviations from the current VAT rate system and to analyse the possible implications of the new VAT rate proposal on Member States’ practices.
The ECJ’s Judgment
regarding the Tax Autonomy of the Basque Country
Authors: Armesto Daniel
Published: December 2023

On 11 September 2008, the European Court of Justice
(ECJ) gave its judgment in Joined Cases C-428/06 to C-434/06,
ECJ, 11 September 2008, Joined Cases C-428/06 to C-434/06, Unión General de Trabajadores de La Rioja (UGT-Rioja) and Others v. Juntas Generales del Territorio Histórico de Vizcaya and Others. dealing with the legislative autonomy in tax matters
of Álava, Biscay and Gipuzkoa, the three”Historical Territories” which make up
the Basque Autonomous Community in Spain.
For clarity and simplicity, in this article, the author refers to the Basque Autonomous Community as the “Basque Country” and to the territory governed by State tax legislation as the “rest of Spain”, although neither of these terms is entirely precise, especially if the status of Navarre, which enjoys a degree of tax autonomy similar to that of the three territories that comprise the Basque Autonomous Community, is taken into consideration. Most of what is said here would similarly apply to Navarre. In contrast, no part of the discussion applies to the French Basque Country. In this article, the author also uses the terms “State” and “central government” interchangeably to mean the same thing, i.e. the central authorities. The author considers the background to the case, the
decision itself and its implications. He believes that the criteria set out by
the ECJ confirm the compatibility of Basque financial and tax autonomy with EC
law.
The Proportionality Principle under EU Tax Law: General and Practical Problems Caused by Its Extensive Application – Part 2
Authors: Freyer D.
Published: December 2023

This article analyses how the ECJ applies the proportionality principle in respect of direct taxation, as well as the consequences flowing therefrom. Part 1, published in European Taxation 9 (2017), addressed the proportionality principle and its application by the ECJ, while Part 2 covers the impact of the proportionality principle on justifications and the sovereignty of Member States in direct tax matters, as well as the consequences of the ECJ’s approach towards proportionality.
Current and Recurring Issues with Taxing Financial Services under VAT
Authors: Brederode R.F.W. van , Krever R.E.
Published: December 2023

The treatment of financial services under a VAT has posed challenges in all jurisdictions levying the tax. This article explores the difficulties universally confronted in VAT systems and the significantly divergent paths adopted by the traditional (European Union) and the modern VAT used elsewhere to address those challenges.
Are FinTechs Too Slow in Adapting Their Transfer Pricing Policies When Faced with Fast Growth?
Authors: Hardam Ursu A. , Matthiessen A. , Iyudin A. , Cohen Pellico R.
Published: December 2023

The FinTech industry has expanded dramatically in the course of last years. The authors explain the main transfer pricing considerations applicable to FinTech firms from the perspective of value creation within the FinTech’s value chain. This article is based both on the information publicly available and the practical experience of the authors in the field of the transfer pricing considerations applied to FinTechs.
Cross-border reorganizations : implementation of EU Merger Directive
into Belgian tax law
Authors: Lamon H. , Vandepoorte K. , Spanoghe G.
Published: December 2023

A new Act implementing the EU Merger Directive into Belgian tax law
will lower most of the tax obstacles standing in the way of cross-border
reorganizations involving Belgian companies. The authors comment on the changes
made by the new Act and provide insight into the opportunities now available to
taxpayers in the context of cross-border reorganizations.
Taxation of Financial Transactions
Authors: Gammie M. , Röder E.
Published: December 2023

Seminar K at the 66th IFA Congress in Boston in October 2012 was charged with the task of debating the proposal for a European Financial Transactions Tax (FTT). This article summarizes the scope and impact of the proposal, and the policy alternatives, challenges and implementation issues that an FTT presents.
Transfer Pricing in Scandinavian Countries with Reference to the Corporate Income Tax Burden in the 34 OECD Member Countries – Denmark, Finland, Norway and Sweden Compared
Authors: Zielke R.
Published: December 2023

In the December 2012 issue of the Bulletin for International Taxation, the author compared the holding company regimes in Scandinavian countries and suggested some international tax planning strategies. The author now considers transfer pricing involving Scandinavian countries with reference to the corporate income tax burden in the 34 OECD member countries.
The Smallwood Case: Dual Residence of
Trustees
Authors: Cleave B.
Published: December 2023

In this article, the author considers the UK Court of Appeal decision
in Trevor Smallwood and another v. Commissioners for HM Revenue
and Customs (2010) regarding a tax avoidance scheme where the issue
concerned the residence of trustees for the purpose of a capital gains article
corresponding to article 13 of the OECD Model.
A Short Update on the Dow Chemical Canada Case: Downward Transfer Pricing Adjustments
Authors: Wilkie J.S.
Published: December 2023

Canada’s Federal Court of Appeal has reversed the decision of the Tax Court of Canada in the Dow Chemical Canada case, finding that the Tax Court lacked jurisdiction to judicially review and remediate the exercise by the tax authorities of their discretion in administering the tax law. The Tax Court, faced with the tax authorities’ unwillingness to provide a downward transfer pricing adjustment in one of two affected taxation years, had reasoned that making judgments about how the law applies is intrinsic to assessing income and accordingly within the jurisdictional competence of that Court to adjudicate substantive tax questions. The Federal Court of Appeal disagreed, basing its decision on a strict construction of the empowering statutes for each Court, drawing attention to decisions that taxpayers and their advisories must make in light of the separate jurisdictional competencies of the Tax Court and the Federal Court of Canada.
The Territoriality Principle in the World of the OECD/G20 Base Erosion and Profit Shifting Initiative: The Cases of Hong Kong and Singapore – Part I
Authors: See W.H.
Published: December 2023

This article analyses the international tax issues encountered by states with territorial corporate tax systems, with specific reference to the systems of Hong Kong and Singapore. In Part I, the author examines the concept of territoriality and categorizes tax systems based on their degree of adherence to the territoriality principle.
Emissions Trading and Tax Treaties
Authors: Ismer R. , Haussner M.
Published: December 2023

Various countries have either contemplated introducing or implemented emissions trading schemes to mitigate climate change. Such schemes raise questions not only in relation to accounting and domestic taxation, but also regarding tax treaties that can be satisfactorily resolved by clarifications in the Commentaries on the OECD Model and UN Model.
New VAT Rules on E-Commerce
Authors: Wille P.
Published: December 2023

On 1 July 2021 new rules for distance sales of goods in the European Union will be introduced. In this Column, the author explains the implications of these new rules and analyses how complex it is for companies to adjustment their IT systems to comply with them.
Taxation of Royalties under Treaty Law: How Far Can a Source State Go?
Authors: Meloni E.O.
Published: December 2023

In this contribution, the author considers the taxation of royalties under treaty law, in particular, assessing how far a source state can extend its taxation rights. With this in mind, the author uses Argentina, and the relevant case law, as an example.
What’s Wrong with the Greek General Anti-Avoidance Rule?
Authors: Petoumenos K.
Published: December 2023

During the financial crisis, Greece introduced a series of tax reforms aimed at improving public revenue through tax increases, combatting tax evasion and eliminating tax avoidance. This article examines the Greek general anti-avoidance rule and highlights the controversies arising from its regulatory basis.
Regulatory Capital, Hybrids and the OECD Recommendations under Action 2
Authors: Joseph A.
Published: December 2023

The author reviews the recommendations contained in the OECD BEPS Action 2 Final Report as they impact the raising of capital by financial institutions, including insurance companies attempting to meet the capital adequacy requirements imposed on them. The response of the Australian Board of Taxation and the federal government to the Report are also considered.
Transfer Pricing Changes under Recent Tax Reform
Authors: Martínez Arellano M.J.
Published: December 2023

This article considers the transfer pricing provisions that were
included in the 2012 tax reform, as well as the challenges faced by both
taxpayers and the tax authorities in this new environment.
Cross-Border Mobility of Tax Advisers: The Changing EU Law Framework
Authors: Reibel R.
Published: December 2023

In this note, the author looks at the evolving EU law framework for the provision of cross-border professional services, in particular, aspects of mobility that have recently been the subject of political discussion and/or have been addressed by the European Court of Justice.
Tax Treaties and Beneficial Ownership: The Sté Planet Decision (Conseil d’Etat, 20 May 2022, Case No. 444451)
Authors: Gutmann D. , Austry S.
Published: December 2023

In this note, the authors analyse the Conseil d’Etat’s decision in Sté Planet (Case no. 444451), wherein the Court held that when income from a French source is paid to a person who is not the beneficial owner, the applicable tax treaty is the one between France and the beneficial owner’s state of residence for tax purposes, even if this state is not the one in which the direct recipient of the sums paid is resident.
New Rules for Tax on Dividends (Domestic and Foreign) and Other Company Distributions
Authors: Mazansky E.
Published: December 2023

This article addresses recent significant changes in the way tax is imposed on both domestic and foreign dividends, as well as the treatment of a return of capital. It also examines whether or not, in certain cases, the right of South Africa to impose the tax under tax treaties could be disputed by non-resident shareholders.
The Legal and Political Context of ECJ Case Law on Mutual Assistance
Authors: Lang M.
Published: December 2023

This article traces the changing political environment behind the development of European Court of Justice case law on the role of mutual assistance in the review of justifications and proportionality with respect to the fundamental freedoms.
Cloud Computing: Difficulties in Applying Current and Proposed Nexus and Profit Allocation Rules in a Cross-Border Scenario
Authors: Scornos D.
Published: December 2023

This article discusses the international tax challenges with respect to business profits arising from the digital economy using the cloud computing service model. In particular, it examines issues that arise from the OECD Model Convention (2017) and other OECD documents, the EU Proposal for a Directive on a Significant Digital Presence and the OECD Secretariat Proposal for a “Unified Approach” under Pillar One.
The Non-Exercise of
Taxing Powers by Member States and Its Compatibility with EC Law
Authors: Ellul Sullivan John
Published: December 2023

The author considers in this article forms of the non-exercise of
taxing powers by Member States that are also general measures, and determines
whether or not these are in breach of EC law. If, when exercising their taxing
rights, Member States are subject to the supremacy of EC law, the same must be
true when they decide not to exercise their taxing rights, as in so doing they
are effectively exercising those very same rights.
The Unhelpful Myth of Tax Certainty
Authors: Barnes P.
Published: December 2023

One key component of the OECD’s Pillar One proposal to reallocate taxing rights from producer to consumer nations is the promise that businesses and governments affected by this change will be able to achieve something called “tax certainty”. But what exactly is “tax certainty”? In this Talking Points piece, Peter A. Barnes looks at whether it is possible to achieve certainty in any aspect of business, let alone in the complex world of international taxation, and suggests a more productive way forward.
Opinion Statement ECJ-TF 1/2015 of the CFE on the Decisions of the European Court of Justice in Commission v. Spain (Case C-127/12) and Commission v. Germany (Case C-211/13) Concerning Inheritance Taxation
Authors: CFE ECJ Task Force
Published: December 2023

This is an Opinion Statement prepared by the CFE ECJ Task Force concerning two decisions given by the ECJ in September 2014 regarding the compatibility of inheritance taxation with the fundamental freedoms (Commission v. Spain (Case C-127/12) and Commission v. Germany (Case C-211/13)).
A Collaborative Relationship in the Resolution of International Tax Disputes and Alternative Measures for Dispute Resolution in a Post-BEPS Era
Authors: Luchena Mozo G.M.
Published: December 2023

This article presents a proposal for developing a collaborative relationship in the resolution of international tax disputes that employs alternative dispute resolution mechanisms. In this respect, the author suggests certain amendments to the EU Dispute Resolution Directive (2017/1852).
The Sky’s the Limit – Cloud-Based Services in an International
Perspective
Authors: Bal A.
Published: December 2023

In this article, the author further considers various international
taxation issues arising from the continued and increasing use of cloud-based
computing services.
Minimum Alternate Tax and the Indian Tax Treaties
Authors: Mehta A. (Amar)
Published: December 2023

This article provides an analysis of the Indian case law on the minimum alternate tax provisions under the Indian Income Tax Act 1961. The question is whether article 7 of the Indian tax treaties precludes this tax. A recent decision of the Income Tax Appellate Tribunal of Delhi confirms that it does so. The issue is of particular interest for non-resident enterprises, law firms and academics.
CFE Forum 2014: Policies for a Sustainable Tax Future
Authors: Cotrut M. , Gerzova L. , Popa O.
Published: December 2023

In this
note the authors provide a summary of the presentations made at the CFE Forum
2014 held in Brussels on 27 March 2014.
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s (i) Code of Conduct Group agreement on a Work Program under the French Presidency, (ii) authorization to Hungary to continue to apply a higher exemption threshold for small businesses, (iii) authorization to France to introduce mandatory electronic invoicing in 2024, and (iv) authorization to Belgium to continue to apply the exemption threshold for small businesses.
No Brazilian Withholding Tax on Payments for Technical Services?
Authors: Furtado M.F. , Verboom H. , Lütter C.
Published: December 2023

This article considers the recently issued Brazilian Interpretative Declaratory Act on Brazilian withholding tax on payments for technical services, its effects, and leading and recent case law on this topic from a Brazilian tax perspective. The authors use the Netherlands as an example to illustrate a possible outcome of the Act, and discuss in which situation the imposition of Brazilian withholding tax can be challenged.
Beyond Vodafone – The Ripple Effect
Authors: Susarla K. , Ravisankar R.
Published: December 2023

This article analyses the aftermath of the now famous Vodafone judgment and the resultant changes in tax law and policy internationally and in India. The article analyses the current ongoing debate around “tax ethics” and “morality” that has led to a slew of tax policy changes around the globe.
Technological Advances in Administering Taxes: Will There Be a Tax Office in the Future?
Authors: Jegorov D.
Published: December 2023

This article provides examples of how modern technologies can contribute to the smooth running of a tax administration, and addresses factors, both internal and external, that enable technology to thrive in such a setting, highlighting the specific journey of the Estonian tax authorities.
R&D&I Tax Incentives in the European Union and State Aid
Rules
Authors: Pérez Bernabeu B,
Published: December 2023

Although tax incentives are an effective tool for promoting
R&D&I, depending on their design they may qualify as State aid (article
107(1) of the TFEU) unless exempted by the Commission (article 107(3)). This
article discusses the role of State aid rules in respect of R&D&I
incentives and the need to ensure R&D&I promotion policies in Europe
are on equal footing with the rest of the world, thus ensuring a level playing
field for European undertakings in global markets.
An Introduction to the 2010 Update of the OECD Model Tax Convention
Authors: Arnold B.J.
Published: December 2023

In this short introduction to the 2010 Update to the OECD Model Tax Convention, the author gives his views and opinions on some of the changes made to Art. 7, its Commentary and the Commentaries in general.
Tax Incentives: Ill-Advised Tax Policy or Growth Catalysts?
Authors: Bal A.
Published: December 2023

The author, in this note, examines whether, and under what circumstances, tax incentives are the right policy tool to attract economic activity.
Failure to Demand Payment of Interest and Its Transfer Pricing Implications
Authors: Lasiński-Sulecki K. , Morawski W.
Published: December 2023

Polish courts have recently held that transfer pricing provisions may apply in the case where the arm’s length contractual stipulations were executed in a way departing from the arm’s length standard. They also claimed that hypothetical transactions that would have taken place if transactions between associated enterprises had been at arm’s length, should have been considered in evaluating whether transfer pricing provisions were applicable.
Curbing Base Erosion via Withholding Taxes: The Case for a “Reverse Controlled Foreign Company” Approach
Authors: Maisto G. , Arginelli P. , Silvani C. (Cesare)
Published: December 2023

The authors, in this article, propose a “reverse controlled foreign company” withholding tax as a way to counter base erosion.
Use of Non-Arm’s Length Approaches within the Arm’s Length Principle: Heading towards a New Standard?
Authors: Ballivet L.
Published: December 2023

Traditionally, the arm’s length principle relies on three pillars: the separate entity principle, the relevance of contractual arrangements and the comparability of the transaction. The purpose of this article is to show that, with the BEPS program and Pillars One and Two, new pillars have emerged in the form of allocation keys and safe harbours.
IFRS 17 and Tax – Tax (Accounting) Impact and Most Important Challenges of IFRS 17
Authors: Hoefnagel J. , Leeden H. van der , Bruijn T. de
Published: December 2023

IFRS 17 can be considered as one the most significant accounting changes for insurance companies of the past decade, with a broad impact on the operational, financial, tax and reporting functions of insurance companies. This article will provide the reader with an overview of some of the most relevant tax (accounting) challenges that arise as a result of the introduction of IFRS 17.
Commission
Authors: Morales T.
Published: December 2023

This overview highlights the Commission’s (i) referrals to the Court of Justice of the European Union of Belgium regarding the non-deductibility of alimony and the United Kingdom for its failure to recover illegal tax exemption State aid in Gibraltar and (ii) approval of the amended Hungarian schemes to support companies affected by the COVID-19 pandemic.
Key Issues and Recent Trends in Criminal Tax Law in Korea
Authors: Baik J-H.
Published: December 2023

This article provides a concise summary of Korean criminal tax law, including an overview of criminal tax law in Korea with description of its key features, and the recent trend of criminal tax law in Korea with an introduction of major case precedents.
The OECD’s New Transfer Pricing Documentation Standard: An Overview and Possible UK Implementation
Authors: Casley A.J. , Norton K. , Krhoda M.
Published: December 2023

The authors consider various issues that businesses are grappling with as they contemplate how to deal with the future OECD transfer pricing documentation standard.
The Italian Patent Box Regime and the Foreign Tax Credit
Authors: Mazzoni G.
Published: December 2023

In this note, the author discusses recent clarifications released by the Italian tax authorities on the determination of foreign tax credits under the Italy-United States Income Tax Treaty (1999) and article 165(10) of the TUIR.
Cross-Border Dividend and Interest Payments and Holding Companies – An Analysis of Advocate General Kokott’s Opinions in the Danish Beneficial Ownership Cases
Authors: Bærentzen S.H.
Published: December 2023

In this article, the author discusses six Danish beneficial ownership cases pending before the Court of Justice of the European Union.
Joint Liability of Shareholders for Taxes Owed by a Corporation: The New Greek Rule
Authors: Stavropoulou E.I.
Published: December 2023

This note examines a new rule imposing personal liability on shareholders for the outstanding taxes due by their corporation, in particular, whether the rule is efficient as a means of controlling opportunistic behaviour. As the new rule disregards the fundamental principle of limited liability, it has far-reaching implications for equity investment. In this regard, the note considers the potential cost of the rule and critically assesses the adequacy of legal safeguards provided for by the legislator.
Latvia’s New CFC Rules
Authors: Kronbergs Z.
Published: December 2023

In this note, the author outlines Latvia’s new CFC legislation, which was enacted in the course of implementing the EU Anti-Tax Avoidance Directive (2016/1164).
Legal Uncertainty in the Application of the German CFC Rules
Authors: Weber S. , Weiss M.
Published: December 2023

In this article, the authors describe the currently uncertain legal situation regarding the tax treatment of controlled foreign companies (CFCs) under German tax law. The authors focus on recent developments in the German tax treatment of CFCs and highlight consequences for investors in Germany.
The “Biggest Tax Cut” from the Latin American Perspective
Authors: Vaca Bohorquez A.C.
Published: December 2023

In this article, the author examines the recently proposed US tax reform, which is intended to be the “biggest tax cut” in the history of the United States, from a Latin American perspective.
OECD’s Work on the Digital Economy: Impact Far beyond the Digital Economy
Authors: Liu D. , Reyneveld J. , Straatman C.
Published: December 2023

The OECD/G20 Inclusive Framework on BEPS is exploring several proposals to develop a consensus-based solution to address the tax challenges arising from the digitalization of the economy. These proposals may have an impact on all multinational enterprises, whether operating through a highly digitalized business model or not. This article discusses country and company perspectives of these proposals and the reactions of multinationals to date as they consider the potential impact.
Ruling that Tax on the Conversion of Bearer Securities into Dematerialized Securities or Registered Securities Is Incompatible with EU Law
Authors: Huygen W. , Bultinck L. , Vandenbussche P.
Published: December 2023

The authors analyse a recent ruling by the European Court of Justice regarding the incompatibility with EU law of the Belgian tax on the conversion of bearer securities into dematerialized securities or registered securities.
(Non-)Recognition of Transactions between Associated Enterprises: On Behaving in a Commercially Rational Manner, Decision-Making Traps and BEPS
Authors: Lange M.A. de , Lankhorst P. , Hafkenscheid R.
Published: December 2023

The possibilities for reclassifying and disregarding controlled transactions between associated enterprises are explored in this article by means of analysing OECD guidance in this area and looking at how such guidance is interpreted and implemented by tax authorities, drawing on the Netherlands as a specific example. The relevance of the BEPS project together with various economic theories will also be examined, as well as how such theories interact with OECD guidance on this topic.
ASEAN Tax Law – A Culture Clash
Authors: Phan D.V.T.
Published: December 2023

This article analyses the extent to which European Fundamental Freedoms (EFF) can be applied to the establishment of the ASEAN Economic Community and cross-border tax cases. The author describes the cultural clash between the West and the East and concludes that the specific cultural environment in Asia requires a significant modification of the EFF.
The Impact of the Limited Partnership Reform on the Luxembourg
Unregulated Funds Industry
Authors: Mullmaier J. , Kuijk F. van , Cayrel E. , Staes M.
Published: December 2023

In this article, the authors consider the impact of the Luxembourg
limited partnership reform on the unregulated funds practice, as well as the
related legal and tax implications.
Amendments to Group Taxation Regime
Authors: Kanduth-Kristen S. , Gregori S. , Komarek E.
Published: December 2023

The Tax Amendment Act 2014 (Abgabenänderungsgesetz
2014), which entered into force on 1 March 2014, includes significant
changes to the Austrian Group Taxation Regime. The following note comments on
the amendments and elaborates on the consequences for existing tax
groups.
International Tax Planning with Tax Havens – Objectives and Strategies in a Multinational Group of Affiliated Corporations
Authors: Zielke R.
Published: December 2023

Tax havens are very important for international tax planning in a multinational group of affiliated corporations. In this article, the author outlines the objectives, concepts, general and anti-avoidance assumptions, and strategies, such as parent-subsidiary, holding and indirect-ownership strategies, regarding international tax planning with tax havens.
Making Transfer Pricing Adjustments Effective: Are the Tax Authorities Obliged to Reopen Fiscal Years for Which Corrective Tax Assessments Have Been Issued, after a Full Tax Audit?
Authors: Perrou K.
Published: December 2023

After a recent amendment to the Greek Tax Procedure Code (Law 4174/2013), the tax authorities now have the right and duty to reopen years for which the tax obligation has been finalized after a full tax audit has been conducted and a corrective tax assessment has been issued, only in cases where it obtains new information and only provided that the correction leads to the assessment of additional tax for the fiscal years in question. The author examines the effect of this provision on cross-border transfer pricing audits.
Allocation of Income and Deductions among Taxpayers under Section 482 of the United States Internal Revenue Code: Alerting the Courts to the Role of Contractual Interpretation Law in the Transfer Pricing Arm’s Length Comparability Analysis
Authors: Pichhadze A. (Amir)
Published: December 2023

This article discusses the task of identifying controlled transactions under review by the Commissioner of the Internal Revenue Service. In particular, it aims to alert courts as to the necessary role of contractual interpretation law in determining the true nature of such controlled transactions.
The Domestic and International Tax Considerations When Structuring Investments into Laos
Authors: Sheehan J.
Published: December 2023

The People’s Democratic Republic of Laos (Laos) is a relatively small ASEAN economy especially when compared to its larger neighbours. However, with an impressive average annual growth rate in GDP of 8% per year it has high investment potential especially as it starts to diversify into other sectors, such as hydropower and transportation. When planning an investment into Laos there are many things for investors to consider in addition to the Laos domestic tax issues and the application of tax treaties, an investor should also examine the tax efficiency and benefits of using a holding company and the costs of maintaining such a company. These are the key domestic and international tax considerations discussed in this article.
Tax Relief for Business Losses of Individuals and Companies in Nigeria –
A Comparative Analysis
Authors: Aguolu O.
Published: December 2023

This article discusses the tax laws of Nigeria relating to the
treatment of business losses. The article examines the provisions of the
Personal Income Tax Act and the Companies Income Tax Act and analyses the
differences in the provisions applicable to individuals and companies. In
respect of companies, the discussion also considers the application of loss
relief to companies that are subject to the minimum tax, companies that are
granted pioneer status and companies engaged in petroleum operations in
Nigeria.
Decision of the French Supreme Court on the 3% Tax Filing Obligation
Authors: Saïac J. , Lopes A.
Published: December 2023

In this note, the authors comment on a recent decision of the French Civil Supreme Court, which confirmed the position of the tax authorities that an exemption from the 3% tax on real estate should not be granted where the taxpayer fails to fulfil certain information disclosure requirements.
2009 Pre-Budget Report
Authors: Roxburgh D.
Published: December 2023

UK Chancellor of the Exchequer Alistair Darling presented his 2009 Pre-Budget Report to the House of Commons on 9 December 2009. This note summarizes the taxation proposals intended to appear in the Finance Act 2010.
Movements of Goods to Italy
Authors: Bancalari M.
Published: December 2023

On 6 March 2012, the Court of Justice of the European Union delivered
its judgment in Dresser-Rand. In this article, the author
explains that, although the judgment itself is not very spectacular, it gives
an interesting insight into the way Italy has transposed various provisions of
EU law into the national VAT Act.
Taxation of the Sharing Economy: Recurring Issues
Authors: Brandon Elliot C.
Published: December 2023

In this article, the author reviews the recurring issues surrounding direct and indirect taxation of the sharing economy, including obstacles to compliance and collection.
New Anti-Hybrid and Anti-Abuse Tax Measures
Authors: Girona E.
Published: December 2023

The author analyses the recent Spanish tax reform and the changes it brings to the fight against base erosion and profit shifting and other perceived abusive structures.
Preface
Authors: Rossiter E.P.
Published: December 2023

In this Preface, Chief Justice Rossiter extends the congratulations of the International Association of Tax Judges on the occasion of the 75th anniversary of the Bulletin for International Taxation, and expresses his gratitude for the invitation to participate in this Special Issue in honour of the journal’s jubilee.
Tax Transparency: The “Full Monty”
Authors: Owens J.
Published: December 2023

In this article, the author discusses various initiatives to enhance
transparency, such as country-by-country reporting and exchange of
information.
Council
Authors: Alvarado M.
Published: December 2023

This overview highlights the Council’s report on recent developments in the fields of direct and indirect taxation during the Finnish Presidency of the Council.
Have the OECD and UN Models Served Their Purpose?
Authors: Loukota H.
Published: December 2023

In this article, the author maintains that the OECD Model and the UN Model, which is greatly influenced by the OECD Model and whose differences are primarily due to the imbalanced income stream between developing and developed countries, have perfectly served their purpose of being a treaty harmonizing force and will continue to do that in the future.
Judicial Precedent in the English Legal System
Authors: Gammie M.
Published: December 2023

In this article, the author looks at the nature of judicial precedent as a matter of English law, explains when UK tribunals and courts are bound by previous judicial decisions, and considers the relative importance of precedent in interpreting tax legislation and arriving at decisions in UK tax cases.
Post-acquisition integration - what you need to do? Philippines
Authors: Dimagiba D.G. , Cruz J.J.V.
Published: December 2023

Part of a comparative survey based on selected papers presented at the
Baker & McKenzie 24th Annual Asia-Pacific Tax Conference held in Kuala
Lumpur, Malaysia on 13 and 14 November 2008. The scenario assumed is where two
foreign groups merge overseas and this is followed by: a local merger; a local
acquisition of assets; or the retention of the two separate local operating
units. Questions considered are: 1. Are there alternative approaches to local
country consolidation, including the trade-offs among (i) tax efficiency, (ii)
speed and (iii) fees/costs? 2. Are there opportunities to step up the basis of
assets? 3. Are there any leveraging opportunities that could generate
tax-efficient interest deductions? 4. What are the capital gains tax and stamp
tax issues and potential planning relating to transfers of shares to position
the subsidiaries for the ultimate consolidation? 5. How can the tax losses of
one entity be preserved? 6. What opportunities exist to restructure
intellectual property rights so as to generate tax efficiencies? 7. What tax
elections, if any, need to be made? 8. If the entities have different tax
years, can this be changed? 9. Are there any obvious tax-related employment
issues that arise? 10. Are there any other obvious tax planning
opportunities?
Domestic Double Deduction of Costs and the ECJ Decision in Brisal and KBC Finance Ireland (Case C-18/15): Tax Collection in Respect of Cross-Border IP Investments
Authors: Manca M.
Published: December 2023

The author, in this article, considers the effects of the recent ECJ decision in Brisal (Case C-18/15) on the topic of the double deduction of costs in respect of non-resident IP (passive) income.
Eqiom Revisited: The French Supreme Administrative Court Applies the Beneficial Owner Test under the EU Parent Subsidiary Directive
Authors: Stankiewicz L.
Published: December 2023

In this note, the author discusses the first French Supreme Administrative Court decision to apply the ECJ principles outlined in the Danish beneficial ownership cases in the context of the EU Parent-Subsidiary Directive (90/435).
The Transposition of the EU Directive on Tax Dispute Resolution Mechanisms in Spain
Authors: Carreño F. , Millán L.
Published: December 2023

This article briefly reviews the tax resolution procedures available within Spanish legislation, analysing how the transposition of Council Directive 2017/1852 will affect tax dispute resolution procedures in Spain.
Decision of the Secretary General for Public Revenue on Transfer Pricing
Documentation Rules
Authors: Perrou K.
Published: December 2023

The author reviews recent clarifications of various rules governing
transfer pricing documentation in Greece.
Equity-based compensation : Japan
Authors: Whatley E.T. , Kobayashi S.
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.
Fixed Establishments and Permanent Establishments: The VAT and Direct Tax Concepts Are Drifting Further Apart
Authors: Lejeune I. , Markey B. , Peters E. (Evy) , Baltus A.
Published: December 2023

Business models of multinational companies have evolved at a much speedier pace than the international tax framework. In October 2015, the OECD issued a final report on Action 7
OECD, Base Erosion and Profit Shifting Project,
Preventing the Artificial Avoidance of PE Status
, Action 7 – 2015 Final Report (OECD 2015), International Organizations Documentation IBFD.
in the context of its Base Erosion and Profit Shifting Project (BEPS). The report on Action 7 contains a clear plea to revise the notion of permanent establishment (PE) from a direct tax perspective under the various double tax treaties, thereby widening the scope. This does not, however, imply that the VAT threshold for a fixed establishment (FE) should be lowered. In this article, the authors analyse both concepts based on the recent developments at the OECD level and the ECJ’s VAT case law on the subject to spot similarities and differences. The authors find that the concepts are continuing to evolve in different directions, whereby a fact pattern will increasingly lead to different qualifications from a VAT and corporate tax perspective.
Extension of Malta’s Participation Exemption
Authors: Sullivan J.E.
Published: December 2023

In this note, the author explains the participation exemption regime in Malta, including recent amendments that extend the exemption method to income or gains derived by a company that are attributable to a permanent establishment situated outside Malta, or to the transfer of a PE.
New Transfer Pricing Guidance in the Netherlands on Intra-Group Pricing of Financial Transactions – An Analysis of Potential Implications
Authors: Brouwers D.M. , Buck S.P. de
Published: December 2023

The authors analyse the impact of the new 2022 Dutch transfer pricing decree on financial transactions and specifically on the pricing of intra-group loans and financial services companies (so-called financial intermediaries). Particular attention is paid to the role of control over financial risks and the concept of financial capacity. The analysis reveals several attention points that can have an immediate and significant impact on taxpayers involved in such financial intra-group transactions.