bluuebunny/crossref_metadata_2025 huggingface dataset:
The Profit Split Method: Deciphering the OECD’s 2017 Discussion Draft
Authors: Bilaney S.K.
Published: December 2023

This article provides a critical overview of the OECD’s revised draft guidance of 2017 on the profit split method. In this context, the author suggests important ways in which to make the method more practical in its application.
Tax Issues Relating to Intangibles
Authors: Ling A.
Published: December 2023

The comparative survey articles are based on selected papers presented
at the Baker & McKenzie 28th Annual Asia-Pacific Tax Conference held in
Hong Kong on 1 and 2 November 2012. The 29th Annual Asia-Pacific Tax Conference
is expected to be held in Singapore in October 2013. For more information,
please contact Liane Tsang of Baker & McKenzie, Hong Kong by tel.: +852
2846 2358 or by e-mail: liane.tsang@bakermckenzie.com.
Key Building Blocks for Effective Tax Systems in Developing Countries Utilizing the Theory of the Development of the Fiscal State
Authors: Kommer V. van , Waris A.
Published: December 2023

The authors, in this article, explore tax and development from the perspective of a sound tax system as a key indicator of the growth of the fiscal state and conclude that such a system should be based on elementary building blocks viewed within a holistic framework applied in sequence.
Comments on Professor Bertil Wiman’s Lecture “Who Should Be in the Driver’s Seat in Developing International Tax Norms – Civil Servants or National Parliaments?”
Authors: Visser E.A.
Published: December 2023

Edwin Visser comments on Professor Bertil Wiman’s Klaus Vogel Lecture of 9 December 2022, hosted by the Institute for Austrian and International Tax Law (WU), Vienna, the title of which was “Who Should Be in the Driver’s Seat in Developing International Tax Norms – Civil Servants or National Parliaments?”
The New OECD Guidelines: The Good, the Bad and the Ugly
Authors: Oosterhoff D. , Wingerter B.
Published: December 2023

This article addresses whether the updated 2010 OECD Transfer Pricing Guidelines indeed provide the desired clarification around thorny interpretation matters, and whether these Guidelines may reduce the complexity of compliance with the arm’s length standard.
An Investigation into the Interaction of CFC Rules and the OECD Pillar Two Global Minimum Tax
Authors: Arnold B.J.
Published: December 2023

This article investigates the interaction between the controlled foreign corporation regimes of countries and the OECD Pillar Two Model Rules for a global 15% minimum tax. The author considers the interaction between the two sets of rules in depth, illustrating his findings by way of worked examples.
Reform of Swiss VAT - the VAT Act from 2010
Authors: Derks R.
Published: December 2023

Switzerland is about to implement the biggest reform in the field of
VAT since the introduction of the tax in 1995. The new VAT Act 2009, which is
envisaged to come into effect on 1 January 2010, is the first step in the
direction of the (originally) intended "ideal" VAT system. This article gives a
concise overview of the background of the VAT reform and the upcoming
changes.
Overview of General Turnover Taxes and Tax Rates
Authors: Annacondia F. , Corput W. van der
Published: December 2023

Almost all countries levy a general turnover tax, i.e. a tax on essentially all goods and services supplied by manufacturers, traders and service providers. Those turnover taxes are mostly levied under a VAT type of tax system and, in a decreasing number of cases, as a multi or single-stage (retail) sales taxes. This take-out section presents an overview of those general turnover taxes and the tax rates applicable on 1 January 2012.
Letter from Michael Lennard of the United Nations Secretariat to Brian Arnold Regarding the Tax Treaty Monitor, “Tax Treaty News: An Overview of the UN Model (2011)”, October 2012
Authors: Lennard M.
Published: December 2023

This is a reproduction of a letter from Michael Lennard of the United Nations Secretariat to Brian Arnold commenting on Brian’s Tax Treaty Monitor, “Tax Treaty News: An Overview of the UN Model (2011)”, which was published in the October 2012 issue of the Bulletin for International Taxation.
Recent Turkish Decision Finds that a Website Can Constitute a Permanent Establishment
Authors: Özgenç A.S.
Published: December 2023

This note discusses a recent case of the Turkish Supreme Administrative Court wherein it was held that a website can be considered a permanent establishment. The author takes the position that the decision is contrary to the OECD approach, as well as the prevailing opinion in the tax literature.
Has Colombia Opened a Pandora’s Box for Foreign-Based Companies?
Authors: Thompson E.
Published: December 2023

From 2013 through 2022, Colombia applied the commonly accepted standard for the place of effective management (PoEM) to determine residency for tiebreaker purposes in treaty disputes. But that test got trickier for corporate taxpayers starting in 2023, when Colombian tax authorities amended the rules for determining residency under its version of PoEM, which translates from the Spanish as “effective place of management” or EPM. They have now focused their attention on the place where any managerial decisions are made, whether or not strategic and whether or not made by senior management. In this Talking Points, Eric Thompson explains how those authorities may have opened Pandora’s Box, releasing a host of ills into tax planning for international companies and wealth managers.
The Autonomous Interpretation of the Multilateral Instrument with Particular Relevance to Article 2(2)
Authors: Manzi G.
Published: December 2023

This article assesses the interpretational process regarding the “undefined terms” in the Multilateral Instrument (or MLI). It verifies the relevance of article 2(2) of the MLI – whether it should be the starting point for interpretational purposes – and assesses the importance of the Vienna Convention (1969) and other means of interpretation.
Case Studies on Business Profits
Authors: Marchgraber C. , Pamperl E. , Wöhrer V.
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).
Transfer Pricing of Financial Transactions and the Impact of COVID-19
Authors: Bonekamp M. , Schaatsbergen N.
Published: December 2023

Transfer pricing has been impacted before by global (economic) crises, such as the bursting of the dot com bubble in the early 2000s, which disrupted the internet and technology sector. More recently, the banking/financial crisis, starting in 2008, had severe consequences for the world economy and the liquidity of many companies. Transfer pricing arrangements, and especially financial transactions, have been and will continue to be vulnerable to extreme circumstances impacting the overall economic environment. This article focuses on the impact of the COVID-19 pandemic on the transfer pricing of financial transactions, especially intercompany loans and guarantees, from an OECD and Dutch perspective.
Overview of General Turnover Taxes and Tax Rates
Authors: Annacondia F.
Published: December 2023

Almost all countries levy a general turnover tax, i.e. a tax on essentially all goods and services supplied by manufacturers, traders and service providers. Those turnover taxes are mostly levied under a VAT type of tax system and, in a decreasing number of cases, as a multi or single-stage (retail) sales taxes. This annex presents an overview of those general turnover taxes and the tax rates applicable on 1 January 2015.
The General Anti-Abuse Rule of the Parent-Subsidiary Directive
Authors: Debelva F. , Luts J.
Published: December 2023

With the adoption of a new general anti-abuse rule in the EU Parent-Subsidiary Directive (2011/96), the EU legislator has reinforced the position of EU Member States in countering abusive practices. This is the second amendment in a short period, which follows the adoption of the “anti-hybrid” provision. In this article, the authors discuss the new general anti-abuse rule and its interplay with other (domestic and treaty-based) anti-abuse rules.
Commission
Authors: Valério C.
Published: December 2023

This overview highlights the Commission’s (i) plans to target aggressive structures involving third countries in tax advisers legislation; (ii) establishment of a subgroup against sanctioned Russians and Belarusians (iii) approval of the Finnish aid scheme to support companies impacted by Russia's invasion of Ukraine; (iv) approval of the Spanish aid scheme to support companies impacted by Russia's invasion of Ukraine; (v) approval of the Italian scheme to support affected workers' cooperatives; (vi) approval of the Italian scheme to support companies of certain regions; and (vii) approval of the Greek scheme supporting the livestock sector in the context of Russia's invasion of Ukraine.
The Risk for Tax Treaty Override in Africa – A Comparative Legal
Analysis
Authors: Marais A.
Published: December 2023

This article examines whether or not the selected African
countries may, within the boundaries of their own domestic law, enact
legislation which will have the effect of constituting a treaty override. It
also identifies existing treaty overrides on the African continent.
An Analysis of the Taxation of Indirect Transfers of Assets in China and India
Authors: Savero B.
Published: December 2023

In this article, the author analyses taxation of indirect transfer of assets in China and India, a policy that is adopted to protect their tax base from arrangements in which holdings in companies are disposed to circumvent taxes on capital gain from the sale of assets with substantial value.
New Rules Provide Incentive for Associated Companies To Prepare Supporting Contemporaneous Documentation
Authors: Musselli A. (Andrea) , Musselli A. (Alberto)
Published: December 2023

A new Decree-Law in Italy provides incentives for taxpayers to prepare supporting contemporaneous documentation of their transfer pricing policies. This incentive consists of protection from related penalties, as well as not being listed among risky taxpayers to be targeted for potentially aggressive tax audits.
Tax Issues for Cryptocurrency-Related Businesses in Bahrain and the United Arab Emirates – The Two Hotbed Crypto Jurisdictions in Middle East
Authors: Krstic M. , Vanhee T. , Chablani V.
Published: December 2023

This article provides a legislative overview of the taxation of cryptocurrency in Bahrain and the United Arab Emirates (UAE). It examines the VAT
In addition, the article also includes a brief explanation on other possible indirect tax implications for cryptocurrencies.
treatment of cryptocurrency in both countries and the potential corporate income tax,
In addition, the article also provides a brief explanation on the current absence of a personal income tax in the GCC countries and the consequences for corporate income tax purposes for individuals establishing cryptocurrencies’ businesses.
and transfer pricing (TP) treatment in the UAE. Furthermore, the article gives a brief overview of the cryptocurrency regulatory framework in both countries.
Income from Inactivity under Article 15 of the OECD Model Tax Convention – Part 2
Authors: Pötgens F.P.G.
Published: December 2023

In Part 2 of this article, the author continues the examination of the topic of the taxation of income from inactivity under Art. 15 of the OECD Model Tax Convention by considering stand-by fees, severance payments and sign-on fees. Compensation for the cancellation of an employment, sickness benefits and disability allowances and income derived from non-competition agreements were dealt with in Part 1, which was published in the October 2009 issue of the Bulletin for International Taxation.
Structuring Inbound Investments
Authors: Heim L.
Published: December 2023

This article sets out the pertinent tax and non-tax considerations for businesses looking to invest in Papua New Guinea (PNG). The country’s priority economic sectors and the practical aspects of doing business there are also described.
The Legal Status of Inheritance and Gift Tax Treaties in Central and Eastern Europe – A Polish Perspective
Authors: Szczepański J.
Published: December 2023

This article explores the potential continuity of statehood in relation to inheritance and gift tax treaties from a Polish perspective, including an analysis of the legal status, both domestically and internationally, of treaties that predate the 1989 political transformation.
State Aid and Fiscal Protectionism in the European Union from the Perspective of Competitors
Authors: Paterno L.
Published: December 2023

In this article, the author discusses various issues raised in the IFA/EU Seminar J on “State Aid” held on 2 September 2010 at the 64th Congress of the International Fiscal Association (IFA) in Rome. It focuses on questions of private state aid enforcement at a national level.
Transfer Pricing Methodology for Refractory Gold Concentrates
Authors: Issakova S.
Published: December 2023

In March 2022, to bring clarity to the tax valuation of transactions with gold concentrates, Kazakhstan’s government enacted a new transfer pricing methodology. The methodology applies to export sales transactions with concentrates with defined physical properties and contents of deleterious elements, such as arsenic, sulphur, and carbon. This article examines the new rules to clarify their scope and application.
New Guidelines from Tax Authorities on Management of Tax Disputes under Mutual Agreement Procedures
Authors: Peracin G. , Benettin S.
Published: December 2023

The Italian tax authorities issued guidance in June 2012 on the management of tax disputes under mutual agreement procedures. The authors consider this guidance along with its interaction with the EU Arbitration Convention and the OECD Model Convention.
Implementation of the EU Anti-Tax Avoidance Directive (2016/1164)
Authors: Popa O.
Published: December 2023

This note discusses implementation of four out of the five EU Anti-Tax Avoidance Directive (2016/1164) measures in the Romanian Tax Code.
Goodbye to All That? A Requiem for the Destination-Based Cash Flow Tax
Authors: Shaviro D.
Published: December 2023

In this article, the author addresses the destination-based cash flow tax, which was recently proposed as a tax reform option in the United States, compares it to its forebears, the flat tax and the X-tax, and concludes that although its substance has potential merit, it does not warrant further consideration in tax policy debate.
The European Agenda for the Collaborative Economy and Taxation
Authors: Beretta G.
Published: December 2023

The author, in this note, discusses the EU Commission’s recent Communication on “A European agenda for the collaborative economy”, in which the current tax challenges stemming from peer-to-peer transactions, as well as strategies proposed by Member States, are surveyed.
Key Practical Issues in Eliminating the Double Taxation of Business Income
Authors: Gouthière B.
Published: December 2023

The author, in this article, considers the key practical issues that enterprises encounter in relation to the allocation of business income between the residence and source states, and in resolving the conflicts that regularly arise between those two states – notably, but not exclusively, with regard to transfer pricing.
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s (i) update of the list of non-cooperative jurisdictions, (ii) debate on the Proposal for a Directive on Global Minimum Taxation, (iii) general approach agreement on the Carbon Border Adjustment Mechanism (CBAM) and (iv) adoption of the amendment to VAT and/or Excise Duty Exemption Certificate set out in the VAT Implementing Regulation, and (v) conclusions on the implementation of the VAT E-Commerce Rules.
Final Danish Decision on Beneficial Ownership with Respect to Dividends Following the ECJ Decision in the “Danish Cases”
Authors: Tolstrup B. , Bjørnholm N.
Published: December 2023

This note describes the Danish Supreme Court’s final decision in the beneficial ownership cases with respect to dividends in response to the ECJ’s 2019 decisions in Skatteministeriet v. T Danmark (Case C-116/16) and Skatteministeriet v. Y Denmark (Case C-117/16).
An Overview of the Governmental Tax Expert Committee’s Policy Advisory Note
Authors: Nishikata K. , Oizuki A.
Published: December 2023

The authors provide an overview of the Policy Advisory Note issued recently by the Tax Expert Committee and the potential changes to Japan’s international tax regime.
The Corporate Tax Option for Partnerships
Authors: Eckl P. , Schill F.
Published: December 2023

In this article, the authors comment on a new provision giving German partnerships the option to be taxed as corporations, as well as an administrative decree released in November 2021.
DEMPE Functions and the RACI Concept – More Clarity or Confusion Ahead?
Authors: Peng C. (X.) , Lagarden M.
Published: December 2023

Intangibles are gaining more and more importance in the global value chain of multinational enterprises. In light of related developments pursuant to the BEPS Project, this article examines some challenging fields of the transfer pricing aspects of intangibles, i.e. identifying the ownership and assessing contributions to intangibles, which particularly includes the DEMPE concept. Moreover, the article outlines considerations and challenges in view of the practical application of the RACI model in a value chain or value contribution analysis, or in other transfer pricing documentation elements, and argues that the model should be applied with prudence in business practice.
Tax Litigation before the Swiss Supreme Court
Authors: Stadelmann T.
Published: December 2023

The author, in this article, describes the organization and functioning of the Schweizerisches Bundesgericht/Tribunal fédéral suisse (Swiss Federal Supreme Court) and considers its significance with regard to the Swiss Constitution and Swiss tax law.
Hungary Introduces Special Taxes
Authors: Deak D.
Published: December 2023

To manage the state budget crisis, Hungary recently introduced special
taxes (1) in respect of selected sectors of the economy and (2) on severance
payments received by public servants. Although Hungary is not alone in this
regard, what is unusual is the magnitude and brutality of the taxes in
comparison to similar taxes introduced in other countries. It is no wonder that
there have been heated debates both within and outside Hungary as to whether
the government can successfully implement the taxes. This article provides a
critical review of the new measures.
Data and Information as Taxable Assets
Authors: Schmalenbach-Gesellschaft 'Transfer Pricing' Working Group
Published: December 2023

This article focuses on the context of digitization in relation to the tax treatment of data. The authors, after discussing the importance of data to the growth of platform business models, seek to determine the extent to which data can serve as a reference point for taxation, the valuation problems that exist in this context, and the extent to which the arm’s length principle, and by association the existing transfer pricing tools, are capable of reflecting: (i) data collection within a group, (ii) intra-group data sharing and (iii) data sales.
International Tax Dispute Resolution in Light of Pillar One: New Challenges and Opportunities
Authors: Malamis S.E. , Cai Q.
Published: December 2023

The “Blueprint on Pillar One” relies on effective and binding dispute prevention and/or resolution mechanisms. Key aspects of these mechanisms pose significant challenges to the traditional system of international tax dispute resolution (ITDR). Nevertheless, Pillar One also represents an opportunity to enhance the traditional ITDR regime.
The (In)Compatibility of IP Box Regimes with EU Law, the Code of Conduct and the BEPS Initiatives
Authors: Mang F.
Published: December 2023

The author, in this article, evaluates whether or not the current IP box regimes in the European Union comply with primary EU law, the Code of Conduct for business taxation and the BEPS initiatives. In particular, the author analyses the IP box regimes in Luxembourg, the Netherlands and the United Kingdom.
Transfer Pricing Aspects of Intra-Group Financial Guarantees in Light of the BEPS Action Plan
Authors: Averyanova V. , Sampat J.
Published: December 2023

The main objective of this article is to provide an overview of the transfer pricing aspects of intra-group financial guarantees. It discusses the current approach to the determination of the arm’s length level of the guarantee fee outlined in the OECD Guidelines and the Canadian court case General Electric. The article analyses the approach proposed in the 2014 Deliverable on Action 8 of the BEPS Action Plan “Guidance on TP Aspects of Intangibles”, including its compatibility with the authoritative statement of the arm’s length principle, as well as the practical considerations in the post-BEPS environment and the potential suggestions for further improvements to be made to the OECD Guidelines.
Tax Treaty
News
Authors: Arnold B.J.
Published: December 2023

In this Tax Treaty News, the author reviews two
Canadian and Indian tax cases which considered the transfer pricing methodology
that should be used in the particular circumstances relating to generic drugs,
together with a brief review on the OECD report on aggressive tax
planning.
Decree Issued on Country-by-Country Reporting
Authors: Markides .
Published: December 2023

A Ministerial Decree was issued in December 2016 which provides details on the application of country-by-country reporting in Cyprus.
Finance Act 2018
Authors: Roxburgh D.
Published: December 2023

This note covers the Finance Act 2018, which was shorter than recent UK finance acts, as the timing of its issue reflected the rescheduling by the UK Treasury of the annual tax legislation. The note deals mainly with the provisions therein that detail changes in tax principles, tax rates and allowances and matters of particular significance for businesses and companies.
The EU Special Scheme for Travel Agents: Complex Present but Desired Future – Options for Reform
Authors: Tarhova E. , Yoncheva E.
Published: December 2023

In this article, the authors endeavour to present a critical review of the special EU VAT rules for travel services, the so-called Tour Operators Margin Scheme, in its legal business and economic context, from its origins to its present application throughout the European Union. The authors seek to identify the main problematic issues, to underline the need for urgent reform and to reflect on possible ways forward.
Manufacturing and Trading Incentives – Where Do We Stand Now in Asia?
Authors: Urapeepatanapong K. , Tantisattamo A.
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides an overview of the available tax incentives.
Outsourcing in the EU financial sector - where are we heading?
Authors: Grambeck H-M.
Published: December 2023

Currently, the VAT exemptions that are so important for financial
service providers are not properly defined and lack clarity, which also has a
negative effect on the decisions of financial institutions to outsource
activities. In this article, the author discusses the current situation and two
future developments. He concludes that the Community legislator should do some
more work in order to create a workable situation.
Conceptual Problems of Beneficial Ownership and the Corporate Veil
Authors: Jain S. , Prebble J.
Published: December 2023

This is the fifth in a series of articles by the same authors, the fourth of which was published in volume 73, issue 1 of the Bulletin for International Taxation. The article examines how courts have confused the beneficial ownership test with the doctrine of lifting the corporate veil.
New Transfer Pricing Law in Force
Authors: Zhabbarov A. , Kulisheva A.
Published: December 2023

A prior transfer pricing law proved difficult to apply to transactions involving products for which market price quotes were not available, and was even more difficult to apply to service transactions. To remedy the situation, Kazakhstan adopted a new transfer pricing law which entered into force in 2009.
Finance Act 2016
Authors: Roxburgh D.
Published: December 2023

Following the introduction of the Budget on 16 March 2016, Finance Bill 2015-16 was published on 24 March 2016. Royal Assent as Finance Act 2016 was, however, delayed, following the Brexit vote, until 15 September 2016. This note deals with the provisions in the Act covering tax rates and allowances and those of particular significance for companies and businesses.
Is a Board Secretary Included within the Scope of Article 16 of the OECD Model (2014)?
Authors: Cools A.
Published: December 2023

The author, in this note, discusses the past and current role of board secretaries and analyses whether or not this position is included within the scope of article 16 of the OECD Model (2014).
Commissionaire Agency Permanent Establishments
Authors: Holland D.
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 United States.
Decentralization of the Tax Legislation Process in New Caledonia – Originality, Impact and Limitations
Authors: Blanc G.P.
Published: December 2023

This article looks at the unique constitutional status and extensive tax legislative powers of New Caledonia. It analyses the specific constitutional and institutional status of New Caledonia to show the effect of the decentralization process on the capacity of New Caledonian authorities to implement economic development reforms through tax legislation, such as the introduction of tax incentives for foreign direct investment.
New EU place-of-supply rules for services
Authors: Wille P.
Published: December 2023

On 12 February 2008, the Council adopted the VAT package, which
consists of two Directives and a Regulation. One of the Directives contains
amendments to the rules concerning the place of supply of services, which are
aimed at ensuring that most types of service will be taxed in the Member State
of consumption. The Directive also provides for the possibility for taxable
persons who supply certain services to non-taxable customers to meet their VAT
reporting obligations for the entire European Union in a single Member State
(under the one-stop-shop arrangements). In this article, the author discusses
the new place-of-supply rules and several topics directly relating
thereto.
The Utility of Tax Residence Tests beyond Taxing Rights and the Concept of “Tests of Belonging” Given the Growing Number of Multilateral Provisions in the Context of Territorial Tax Regimes with Special Reference to Gibraltar and Hong Kong
Authors: Jackson G.
Published: December 2023

This article discusses tax residence and its utility beyond a demarcation of taxing rights. Taking Gibraltar and Hong Kong as examples, it argues that the act of claiming tax residence is an act of sovereignty, and predicates participation in the international tax community for territories.
Influencer Income and Tax Treaties
Authors: Kostikidis S.
Published: December 2023

This article considers the categorization of the income earned by influencers in relation to tax treaties, with specific reference to the allocation of such income to articles 7, 12 and 17 of the OECD Model.
Taxing Uber Drivers
Authors: Joseph A.
Published: December 2023

In this article, the author discusses the requirement that Uber drivers in Australia register and account for goods and services tax on the basis that they conduct “taxi travel”. He also examines the employee v. independent contractor status of the drivers and limits on their ability to deduct expenses for income tax purposes. The article also addresses the effect of the personal services income provisions of the Income Tax Assessment Act 1997.
Russian Thin Capitalization Rules: Are They Compatible with Russian Tax
Treaties?
Authors: Bruk B.
Published: December 2023

Russian tax law provides for a number of limitations on the
deductibility of interest payable on loans by Russian companies. Apart from
general limitations, there are specific thin capitalization rules aimed at
combating excessive debt financing by multinational groups of their Russian
subsidiaries. This article examines the compatibility of these rules with
Russian tax treaties.
More IRS Actions and Court Decisions Affecting the Financial Services
Sector
Authors: Hammer V.
Published: December 2023

The end of 2010 continued to be a busy period for tax developments
affecting the financial services sector. The author considers twenty of these,
including court decisions and regulations under the Internal Revenue
Code.
Portuguese-Speaking African Countries: Same Background, Different Solutions
Authors: Graça T. Machado
Published: December 2023

This article presents an overview of the international taxation aspects of the domestic tax legislations of Angola, Mozambique, Cape Verde, and São Tomé and Príncipe with regard to the direct taxation of companies.
Taxation of REITs – The Indian Perspective
Authors: Kumar M. , Simhan R.
Published: December 2023

Real estate has and continues to attract a large share of investment
in India. In this article, the authors analyse the proposed real estate
investment trusts regulations as well as the current tax treatment of real
estate investments in India.
The White Working Class and Post-2016 Tax Policy
Authors: Herzfeld M.
Published: December 2023

In this article, the author discusses the recent shifts in the US economy and demographic structure, and their impact on the tax policy debate.
Amnesty – Privilege – Disclosure: Managing Critical Issues in Client Relations
Authors: Reibel R.
Published: December 2023

Report from the 5th CFE Professional Affairs Conference in London on 7 December 2012
The Rubik Model: An Alternative for Automatic Tax Information Exchange Regimes?
Authors: Urinov V.
Published: December 2023

In this article, the author examines the nature and implications of a relatively recent phenomenon in the international tax system: Rubik agreements, with special consideration being given to whether or not such agreements are, in theory, equitable and fair in relation to all countries and taxpayers in contrast to automatic exchange of information agreements.
Proposed Amended Parent-Subsidiary Directive Reveals the European
Commission’s Lack of Vision
Authors: van den Hurk H.
Published: December 2023

The author, in this article, provides a critical analysis of the
Commission’s proposed amended Parent-Subsidiary Directive (2011/96). In the
author’s opinion, the proposed amendments demonstrate a lack of foresight on
the part of the Commission, are often impractical and have a questionable
chance of being implemented.
Taxation of the Digital Economy: “Quick Fixes” or Long-Term Solution?
Authors: Kofler G. , Mayr G. , Schlager C.
Published: December 2023

Over a few short years, Google, Facebook, Amazon and many other “digital” companies became a fixed feature of our everyday life and now drive the economy. Digital business models must, however, deal with national and international tax law systems that face significant challenges. As such, policymakers are trying to find solutions that will achieve fair and effective taxation. In this article, the authors address the current status of political discussions and analyse the strengths and weaknesses of the options discussed.
Strengthening Cross-Border Tax Enforcement and the Evolving General Anti-Avoidance Rule
Authors: Finnerty C.J. , Lai B.
Published: December 2023

This article discusses the significant anti-avoidance trends in China, in particular in relation to enforcement of the general anti-avoidance rule in China. The impact on taxpayers and future plans of the State Administration of Taxation are also covered.
The Principle of Prevention of (Direct Tax) Abuse: Scope and Legal Nature – Remarks on the 3M Italia Case
Authors: Zalasiński A.
Published: December 2023

This article examines the CJEU decision in the 3M Italia case decided on 29 March 2012, which deals with the issue of the EU law compatibility of an Italian tax amnesty provision that allows a taxpayer to pay 5% of the tax at issue in a dispute in exchange for the case being closed where the case has been pending before the courts for at least 10 years.
The limits of the EU VAT exemption for financial services
Authors: Amand C.
Published: December 2023

Under the European Commission's proposal relating to the VAT treatment
of insurance and financial services, the exemptions for those services will, on
the basis of objective economic criteria, be linked to the nature of the
services and not to the person supplying them. In this article, the author
analyses the question of whether the "objective economic criteria", which are
derived from case law of the ECJ are workable in the light of the methods of
interpretation of the ECJ and, in particular its decision in Tiercé Ladbroke.
Uruguayan Tax Residence and the Tax Holiday: Changes Affecting Individuals
Authors: Bonet J. , Valverde C. , Lorbeer G.
Published: December 2023

This article examines the Uruguayan tax residence regime as amended by the most recent changes that apply from 2020 and 2021. It also describes certain key aspects of this special regime and its effect on Uruguay’s network of tax treaties.
Opinion Statement ECJ-TF 2/2014 of the CFE on the Decision of the
European Court of Justice in Sabou (Case C-276/12),
Concerning Taxpayer Rights in Respect of Exchange of Information upon
Request
Authors: CFE ECJ Task Force
Published: December 2023

This is an Opinion Statement prepared by the CFE ECJ Task Force
The members of the Task Force are: Paul Farmer, Alfredo Garcia Prats, Daniel Gutmann, Volker Heydt, Eric Kemmeren, Georg Kofler (Chair), Michael Lang, Franck Le Mentec, Pasquale Pistone, Albert Rädler†, Stella Raventos-Calvo, Isabelle Richelle, Friedrich Roedler and Kelly Stricklin-Coutinho. Although the Opinion Statement was drafted by the ECJ Task Force, its content does not necessarily reflect the position of all members of the group.
on Sabou (Case C-276/12).
Transnational Grouping of Companies and Unresolved Questions Regarding the EU Parent-Subsidiary Directive: Implications for Companies, Member States and Non-EU Member States
Authors: Kollruss T.
Published: December 2023

This article analyses whether the levying of a tax at the level of an EU parent company, due to a further distribution of tax-exempt dividends received from EU subsidiaries to domestic shareholders, infringes EU law, in particular whether article 4(1) of the EU Parent-Subsidiary Directive is being violated.
The Epic of Gilgamesh, or the Noise of the Profession
Authors: Pijl H.
Published: December 2023

This is the text of the after dinner speech delivered by the author
at the 2nd Assembly of the International Association of Tax Judges on Saturday,
10 September 2011 in Paris.
The Taxation of Partnerships
Authors: Smith A.M.C. , Keeper T.
Published: December 2023

The authors provide an overview of the taxation of general and limited
partnerships in New Zealand.
Sales-Based Apportionment of Profits
Authors: Schreiber U.
Published: December 2023

The author, in this article, considers the sales-based apportionment of profits in the context of, and as a response to the issues raised by, the OECD Base Erosion and Profit Shifting Project.
In Dubio Pro Tributario – A New Old Rule under Polish Tax Law
Authors: Bronżewska K.
Published: December 2023

The author looks briefly at the in dubio pro tributario rule recently introduced into Polish tax law, questions the necessity of its introduction into the law and highlights problems that may arise in its application.
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s update of the list of non-cooperative jurisdictions for tax purposes.
Corporate Tax Changes
Authors: Tzenova L.
Published: December 2023

This note discusses changes to the Corporate Income Tax Act that introduce new tax rules for transfers between a division of an enterprise in the country and another division of the same enterprise located outside the country relating to implementation of the EU Anti-Tax Avoidance Directive (2016/1164) and amendments relating to implementation of EU Directive (2017/952) as regards hybrid mismatches with third countries.
Foster’s and the
Authority for Advance Rulings: Overview and Commentary
Authors: Kapoor Shiv
Published: December 2023

This article reviews the Foster’s Australia Ltd ruling in India, which
considered the taxation of proceeds from the transfer of intellectual property.
In addition, the author provides extensive commentary on flaws he perceives in
the decision of the Authority for Advance Rulings and proposes a contrasting
approach to the issue.
An Overview of Value Added Tax Regulations and Common Issues
Authors: Butler C. , Than T.X.
Published: December 2023

This comprehensive article describes in detail the value added tax (VAT) system in Vietnam, including an overview of the main regulations and related issues faced in practice. Industry-specific issues as well as VAT administration aspects are also covered.
International Input VAT Apportionment Mechanisms – Finding a Solution for Credit Retailers in South Africa
Authors: Ritchie M. , Roeleveld J.
Published: December 2023

How to apportion input VAT is an ongoing subject of discussion in South Africa. In this article, the authors seek to understand the credit retail industry in South Africa and the way the VAT apportionment mechanisms affect this industry. Furthermore, they attempt to determine whether methods of apportionment of input VAT used in other countries could assist in solving the challenges faced by South African credit retailers.
Permanent Establishments and Australian Domestic Laws
Authors: Joseph A.
Published: December 2023

This article examines the interaction of domestic and treaty rules on
taxation of business profits generated by a permanent establishment.
Italian Budget Law for 2023 Introduces a Land-Rich Clause for Italian-Sourced Capital Gains
Authors: Schiavello S. , Rossi R.
Published: December 2023

In this note, the authors analyse the new provision on capital gains taxation in respect of participations in resident and non-resident “land-rich” companies realized by non-resident entities, as contained in the Italian Budget Law for 2023 (introduced in response to a wave of new OECD rules on cross-border capital gains). The introduction of the new rule from 1 January 2023 will be particularly significant once the MLI enters into force within the Italian tax treaty network.
Quick Reaction Mechanism against EU VAT Fraud
Authors: Lejeune I. , Maeijer S. de , Vermeire L.
Published: December 2023

The quick reaction mechanism (QRM) proposed by the European Commission
is aimed at enabling the Member States of the European Union to combat and
prevent VAT fraud more efficiently. In this article, the authors describe the
functioning of the QRM and the reasons why the Council of the European Union
has not quickly reacted by adopting the Commission’s proposal.
Introduction to the US Tax Reform Act
Authors: Carman P.
Published: December 2023

This article deals with several changes on US taxation of financial instruments under the US TCJA. The changes include the introduction of a new interest barrier, a limitation on the deductibility of payments on hybrid instruments or in hybrid transactions, an excise tax on base erosion payments, a new system of allowing a deduction for distributions from non-US subsidiaries and changes in the US controlled foreign corporation rules.
EU Council Adopts the Revised Code of Conduct for the Effective Implementation of the EU Arbitration Convention
Authors: Sporken E. , den Besten P.
Published: December 2023

The second of two reports by the EU Joint Transfer Pricing Forum considered in the January/February issue of the International Transfer Pricing Journal, contained recommendations that were incorporated into the proposal for a revised Code of Conduct on the Arbitration Convention. This article considers the eight recommendations included in the revised Code of Conduct, which is intended to further improve the Arbitration Convention and was approved by the EU Council in December 2009. EU Member States themselves will have to take further steps, including in their domestic tax and transfer pricing legislation and practices.
Vacancy Taxes and Housing Affordability in Austria
Authors: Denk P.
Published: December 2023

In Austria, as in many other countries, the demand on the housing market has increased considerably. In order to relieve the housing market, there have been discussions about imposing a tax on vacant dwellings. Since the federal legislator has not yet come up with a regulation, however, some federal states have now introduced vacancy taxes on their own. After providing brief insights into the Austrian constitutional framework, this article provides an overview of the current federal state laws, including an initial analysis of their efficacy.
Tax Implications of Recovery and Resolution Planning and Banking
Reform
Authors: Gunst E. de
Published: December 2023

This article discusses some of the tax aspects which should be taken
into consideration when undertaking recovery and resolution plan and
ring-fencing-type impact assessments and implementation planning.
Coronavirus: No Need to Rush –Transfer Pricing Crisis Management in Germany
Authors: Andresen U. , Hader F. , Hartmann R.
Published: December 2023

The complete shutdown of the economy is an external shock to the profit and loss accounts of many companies in multinational groups of enterprises. Transfer pricing systems of MNEs find their reflection in these profit and loss accounts. In this context, the question arises how the common yardstick, the arm’s length principle, is to be applied in these special circumstances. Generally speaking, there can be no doubt that the arm’s length principle prevails even in crisis times. The main question is, what conditions within the meaning of article 9 of the OECD Model would the two “prudent and conscientious business managers” of the contracting parties have agreed upon taking into account the changed circumstances, i.e. what options realistically available would they have chosen?
The Commission’s Proposal for a Directive on Double Taxation Dispute Resolution Mechanisms: Overcoming the Final Hurdle of Juridical Double Taxation within the European Union?
Authors: Cerioni L.
Published: December 2023

This article examines the Commission’s proposal for a Directive on Double Taxation Dispute Resolution Mechanisms, highlighting interpretative issues that arise from its wording and discussing the conditions under which it could potentially lead to the elimination of (juridical) double taxation within the European Union.
COVID-19 Tax Measures in Five Major Latin American Jurisdictions
Authors: Sousa R. Barbosa de
Published: December 2023

This article outlines the significant measures taken by the national governments and tax authorities of five major Latin American jurisdictions due to the COVID-19 pandemic. Emphasis is placed on measures that may affect international or cross-border tax structures, reduce tax liabilities or improve cash flow by deferring payment.
Amazon Goldcrest Project and the Relevance of Comparability Analysis under the Arm’s Length Principle
Authors: Avi-Yonah R.S. , Musselli A. (Andrea)
Published: December 2023

The arm’s length principle, which has long been the guiding rule in the area of transfer pricing, in recent years is increasingly challenged. One of the focus points of discussion is the comparability analysis of intra-group and independent transactions. Especially intangibles do not lend themselves to such analysis, because they are unique in a way that does not match with existent market equilibria. The analysis of the Amazon case in this article reflects this argument.
Netherlands Budget Plan 2019: International Tax Update – December 2018
Authors: Rasenberg M. , Spoelder E.J.
Published: December 2023

The last quarter of 2018 has seen tremendous developments in Dutch international tax rules, including a (withdrawn) proposal to abolish the dividend withholding tax, further relaxations, the announced introduction of a new withholding tax on interest and royalties and new policies and procedures in the Dutch tax ruling practice. This article focuses on the recent changes in the Dutch withholding tax rules and tax ruling policy and procedures.
Transfer Pricing Provisions Not Applicable to Allotment of Shares
Authors: Raj Kumar Jhabakh P.
Published: December 2023

The author discusses the recent decision of the Bombay High Court in the Vodafone India Services Pvt. Ltd case, in which the Court held that the issuance of shares at a premium by a subsidiary to its non-resident parent company does not give rise to any income and, as a consequence, the provisions of chapter X relating to avoidance of tax (transfer pricing) of the Indian Income Tax Act 1961 is not applicable.
Clarification of the Meaning of "Beneficial Owner" in the OECD Model Tax
Convention – Comment on the April 2011 Discussion Draft
Authors: Danon R.
Published: December 2023

In April 2011, the OECD released an important discussion draft that is
intended to clarify the meaning of the term "beneficial ownership" under
articles 10, 11 and 12 of the OECD Model (2010). This article discusses these
proposals and demonstrates that some refinement is necessary.
Italian Supreme Court Holds that CFC Rules Are Compatible with EU Law and Tax Treaties
Authors: Avella F. , Mollica V.
Published: December 2023

In this note, the authors discuss the decision of the Italian Supreme Court in Case no. 25281, wherein it was held that the Italian CFC rules are consistent with EU law and with tax treaties patterned after the OECD Model.
Analysis of the Samsung Case on the Determination of a Permanent Establishment for Services Provided by Seconded Employees of a Korean Parent to Its Subsidiary in India
Authors: Patel V.T. , Visharia K.P. , Mahajan A. (Amol)
Published: December 2023

This article examines the ruling of the Delhi Bench of the Income Tax Appellate Tribunal (ITAT or the Tribunal), i.e. the highest fact-finding authority under the Indian Income Tax Act (the Act), in the case of Samsung Electronics Co. Ltd. and the ramifications of that case for the interpretation of the treaty article on the determination of a permanent establishment, especially in the case of expatriate employees seconded and visiting the Indian subsidiary and the attribution of profits to a PE. The issue of reassessment proceedings under Indian law is also considered.
OECD Report on the Granting of Treaty Benefits with respect to the
Income of Collective Investment Vehicles
Authors: Langkemper D.
Published: December 2023

This article considers the report of the OECD Committee on Fiscal
Affairs, released on 31 May 2010, on “The Granting of Treaty Benefits with
respect to the Income of Collective Investment Vehicles”. In addition to
providing background information on collective investment vehicles, the author
addresses the application to collective investment vehicles of current treaty
rules and possible alternatives under the Report.
Anti-Directive Shopping on Outbound Dividends in Light of the Pending Decision in Holcim France (Case C-6/16)
Authors: Brokelind C.
Published: December 2023

This note examines the interpretation of the anti-abuse clause in the EU Parent-Subsidiary Directive in light of the pending ECJ decision in Holcim France (Case C-6/16).