bluuebunny/crossref_metadata_2025 huggingface dataset:
The Application of Tax Treaties to Collective Investment Vehicles: Beneficial Owner Requirement Explained?
Authors: Chew V.T.
Published: December 2023

Absent an express provision, a tax treaty applies to a CIV if, inter alia, the beneficial owner requirement is met. The CIV’s managers must have discretionary powers to manage assets on behalf of its investors; significantly, a CIV’s obligation to distribute does not preclude it from satisfying this condition. The author concludes that if a CIV has possession, use, risk and control over, as well as commingles, the dividends paid to it, it is ever more likely to be the beneficial owner of those dividends. These conclusions are based on an analysis of the OECD Model Convention and Commentary, as well as the Prévost and Velcro cases.
Is There an Obligation under EU Law to Pay Interest on VAT Credits?
Authors: Gombotz S. , Pollak C,
Published: December 2023

In this article, the authors assess the pending ECJ case technoRent International and Others (Case C-844/19). The authors discuss the first and main question of technoRent International and Others: whether primary or secondary EU law provides an obligation to pay interest on VAT credits in the event that the VAT credits are paid to a taxable person with a delay.
Evaluation of Tax Policy in Selected Countries during the Global Financial Crisis
Authors: Kuznetsov K.
Published: December 2023

In this article, the author evaluates the effects on, and the responses of, seven selected, but differing, countries, Austria, Belarus, Canada, Estonia, Latvia, Mexico and Ukraine, with regard to the ongoing global financial crisis and the implications, especially with regard to tax policy, of these effects and responses.
Permanent Establishments: The Current State of Play
Authors: Rasmussen M.
Published: December 2023

This article reviews the concept of a "permanent establishment" in the OECD Model (2010) and the related Commentaries. The article also considers cases where more than the two states, due to the existence of a permanent establishment, are involved in the taxation of certain income.
Do Bilateral Tax Treaties Distort, Rather than Support, International Trade?
Authors: Wagenaar L.
Published: December 2023

For more than a century, countries around the world have relied on a network of bilateral tax treaties to facilitate trade and provide stability for cross-border investments. But despite the widespread use of so-called “model” treaties such as the OECD Model, countries often use the process of negotiating tax treaties to achieve other, more parochial, interests. Leonard Wagenaar examines how these negotiations produce results that distort international trade, and posits that there may be another way to craft tax treaties that avoids or minimizes these distortions.
Transfer Pricing Implications of Second-Brand Strategies in the Pharmaceutical Industry in Light of the OECD Report on Action 8 of the BEPS Action Plan
Authors: Milewska M. , Amaya E.
Published: December 2023

The authors analyse the impact of specific Mexican requirements on the transfer pricing structure and intercompany transactions in the pharmaceutical industry in light of Action 8 of the Action Plan on Base Erosion and Profit Shifting.
Resource Capital Fund IV: Uncertainties Persist in Private Equity
Authors: Joseph A.
Published: December 2023

Uncertainties surrounding the availability of treaty privileges for non-resident partners of private equity firms has been a contentious issue in Australia. Unfortunately, the recent decision by the Full Court involving a private equity firm in mining has not removed these uncertainties.
Seeking Certainty – Advance Ruling Practices
Authors: Sieker S.
Published: December 2023

The comparative survey articles are based on selected papers presented
at the Baker & McKenzie 29th Annual Asia-Pacific Tax Conference held in
Singapore on 29 and 30 October 2013. The 30th Annual Asia-Pacific Tax
Conference is to be held in Hong Kong in November 2014. 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.
Allocation of Supplies between Establishments under EU VAT
Authors: Accorsi D. , Beretta G.
Published: December 2023

In 2021, the Italian tax authorities issued two ruling replies providing guidance on how to allocate a supply to an establishment for VAT purposes in the context of a global contract under which several supplies are provided to a multilocation entity (MLE). In this article, the authors discuss the official guidance provided by the Italian tax authorities in light of the rules for allocating supplies to establishments located in different jurisdictions as enshrined in the EU legislature.
Costs Associated with Deviations from Standard GST/VAT System
Authors: Hassan B.
Published: December 2023

In its purest form, a VAT/GST system is meant to be an effective and efficient tax system. However, in practice, most countries with a VAT/GST system deviate from this ideal. Based on an analysis of Pakistan’s GST system, in this article, the author seeks to show the considerable costs that are typically associated with these deviations.
New Developments on the Taxation of Technology-Related
Transactions
Authors: Cai A. , Hong J.
Published: December 2023

An analysis of the new development of taxation in China concerning the
main technology-related transactions, such as the transfer of ownership, the
transfer of rights to use, and the provision of related services. The authors
discuss the different tax treatments for royalties and technology-related
services, the opportunities available for Technology Advanced Services
Enterprise opportunities for companies which provide technology-related
services and how income derived from a transfer of ownership of technology will
be treated under the new Chinese corporate income tax regime.
GCC VAT Recovery: “I Wanna Make Sure You’re Ready”
Authors: Doremalen T. van , Kolkman W.
Published: December 2023

The GCC VAT regimes in Saudi Arabia, the United Arab Emirates and especially Bahrain are still relatively new, and businesses are still in the process of coming to grips with them. In this article, the authors analyse various options that may be available to enhance the VAT (recovery) position of holding companies in these countries taking into account case law of the Court of Justice of the European Union.
The Impact of a Corporate Governance System on the Place of Effective
Management Concept in Spain, France, the United Kingdom, the Netherlands,
Germany and Italy – Part 2
Authors: Pötgens F.P.G. , Os P. van , Mensing I. , Canalejo Lasarte G. , López Pombo D. , Scheifele M. , Wagner G. , Luder S. , Milliner E. , Durand P.-H. , Robert A. , Dony A. , Silvestri A. , Lancellotti L.
Published: December 2023

This article discusses the impact of a corporate governance
system on the place of effective management concept. In Part 1, which was
published in European Taxation 9 (2014), the authors
outlined how six different European states determine, under their respective
domestic tax laws, the place of effective management of a multinational company
with either a one-tier or a two-tier board. Part 2 looks at how they interpret
the term "place of effective management" as used in tax treaties based on the
OECD Model under both board structures and also includes a case study. The
conclusion provides for a summary and recommendations to change either the OECD
Model or Commentaries.
South Africa’s Exit Charges (And Something on Immigration Too)
Authors: Mazansky E.
Published: December 2023

In this article, the author considers the implications of the various exit (and immigration) tax issues (for both individuals and corporations) in South Africa, with special reference to residence, capital gains tax, controlled foreign companies, the participation exemption, permanent establishments, certain other disposals and dividends.
EU VAT Treatment of Vouchers: Urgent Need for a Solution
Authors: Kokolia E. , Katrinaki A.
Published: December 2023

In this article, the authors analyse the European Commission proposal on the VAT treatment of vouchers in the light of both the ECJ jurisprudence and the practical aspects of their tax treatment. The authors consider that, taking into account the increase in the use of vouchers to stimulate demand, an urgent and comprehensive EU-wide solution is necessary.
Protection of Taxpayers’ Rights
Authors: Ajibola A.
Published: December 2023

In this article, the author considers the issues that taxpayers can experience in commencing proceedings before Nigerian tax tribunals and courts, and particularly examines the procedure under which the Tax Appeal Tribunal may issue orders for the payment of security as a condition for the hearing of a tax appeal case.
Curbing Transfer Pricing in Tanzania: A Critical Evaluation of the Income Tax Act
Authors: Kiunsi H
Published: December 2023

Tax is an important tool for any country’s development. The collection of tax depends on the effectiveness of the tax legislation of a country, among other things. The taxation of domestic income poses fewer problems when it is dealt with through local legislation. The problems are likely to increase when dealing with tax with foreign elements. This is apparent in the taxation of associated multinational corporations operating across countries, where goods and services are transferred through transfer pricing. The intercompany transactions may offer transfer pricing manipulation with a view to maximizing profit. In response to this concern, the arm’s length principle is used to curb transfer pricing manipulation. This article examines transfer pricing provisions as provided for in the Tanzania Income Tax Act and identifies legal gaps that are likely to impede the application of the arm’s length principle. It calls for amendment of the act to address existing concerns.
Further Legislation on Transfer Pricing
Authors: Díaz Tong E. , Arenas Alvarado K.
Published: December 2023

A decree published in 2012 has modified the rules regarding transfer pricing documentation and advance pricing agreements in Colombia.
Business Cycle: An Important Comparability Issue in Latin American Countries
Authors: Diez H. , Katz H.
Published: December 2023

This article focuses on the analysis of the business cycle in Latin America, emphasizing the differences with the business cycle in the G7 countries.
Ruling of Income Tax Appellate Tribunal in Birlasoft: Internal Comparables Preferred over External Comparables
Authors: Patel V. T.
Published: December 2023

A recent ruling of the Income Tax Appellate Tribunal sheds light on the preference for internal comparables over external comparables.
Understanding Risk in the Enterprise: The Key to Transfer Pricing for
Today’s Business Models
Authors: Fris P. , Gonnet S. , Meghames R.
Published: December 2023

In the public discussion about transfer pricing, and even in the
official guidance, it is evident that different parties may have very different
perceptions of risk. This leads to a considerable degree of confusion in the
current state of transfer pricing practice. The authors present an analytical
framework for understanding risk in the context of applying the arm’s length
principle that takes into consideration value creation, roles and
responsibilities, and bargaining positions.
Transfer Pricing Legislation and Introduction of Advance Pricing
Agreements
Authors: Perrou K.
Published: December 2023

The author considers the new Greek APA regime and new transfer pricing
legislation. Remarks are also offered on the newly introduced
provisions.
The New Mauritian
Individual Income Tax Regime
Authors: Juddoo K.
Published: December 2023

In this article, the author examines the recently introduced
individual flat income tax regime in Mauritius with a view to establishing its
effects, and considering its advantages and disadvantages compared to the
previous individual income tax regime. The article indicates the effective tax
rates for both tax regimes.
Federal Government Proposes Fundamental Changes to Swiss Withholding Tax System
Authors: Reinarz P.
Published: December 2023

The federal Finance Department has issued a proposed legislative bill that would change the tax system applicable to bond interest, from the present debtor system to a paying agent system. The author discusses this proposed change and its potential impact on both resident and non-resident recipients of bond interest.
Derivatives and VAT
Authors: Kasteren E. van , Heydari S.
Published: December 2023

The VAT implications of derivatives trading are often overlooked by
institutions. Traders in derivatives, generally speaking, cannot fully recover
the VAT charged to them. With the standard rate of VAT varying between 15% and
25% this can present a considerable cost. This article sets out the basis of
taxation of such contracts from a European VAT perspective and seeks to
highlight issues that should be considered by traders when seeking to ensure,
not only compliance with VAT legislation, but also cost effectiveness from a
VAT perspective.
Are We There Yet? International Implementation of Hybrid Mismatch Rules
Authors: Brabazon M.
Published: December 2023

This article provides an overview of hybrid mismatch recommendations under Action 2 of the OECD/G20 Base Erosion and Profit Shifting Project and the EU Anti-Tax Avoidance Directive (2016/1164 and 2017/952), a snapshot of their international implementation to date and a preliminary comparison of hybrid mismatch legislation in specific countries.
Action 6 of the OECD/G20 BEPS Initiative: The Effect on Holding Companies
Authors: Karadkar R.
Published: December 2023

This article considers the anti-avoidance measures suggested by the OECD/G20 Base Erosion and Profit Shifting initiative and their impact on holding companies, particularly regarding financing responsibilities in respect of multinational groups, whether for the purpose of interest deductions at the level of the subsidiary or financing the development of intellectual property.
Pending Court of Justice of the European Union Cases
Authors: Brokelind C.
Published: December 2023

This article presents an overview of cases that were pending before the Court of Justice of the European Communities on 31 December 2011.
Right To Be Paid Interest on Overpayment of Taxes in Breach of EU Law – Opinion Statement ECJ-TF 3/2023 on the CJEU Decision of 8 June 2023 in E. v. Dyrektor Izby Administracji Skarbowej we Wrocławiu (Case C-322/22)
Authors: Kofler G. , Garcia Prats A. , Haslehner W. , Kemmeren E. , Lang M. , Nogueira J.F. Pinto , HJI Panayi C. , Raventós-Calvo S. , Richelle I. , Rust A.
Published: December 2023

In this CFE Opinion Statement, submitted to the EU Institutions on 4 October 2023, the CFE ECJ Task Force comments on the CJEU’s decision of 8 June 2023 in E. v Dyrektor Izby Administracji Skarbowej we Wrocławiu (Case C-322/22), which addressed a Polish domestic rule limiting the right to the interest on overpayments of corporate income tax in breach of EU law, to the period running from the 30th day following the publication, in the Official Journal of the European Union, of a ruling of the Court of Justice finding that the collection of the tax was incompatible with EU law.
Progressivity of Value Added Tax in Developing Countries: Empirical Evidence from Bangladesh
Authors: Faridy N. , Sarker T.K.
Published: December 2023

Designing and implementing a value added tax (VAT) in developing countries has been seen as one of the most vital tax policy reforms in the recent decades. The authors look at the issues surrounding the progressivity of VAT being higher for the lower-income groups and provide some policy recommendations that could help design a better VAT system in Bangladesh.
Small and Less-Developed Jurisdictions and Their Struggle To Comply to International Standards
Authors: Kommer V. van
Published: December 2023

The article looks at how increased liberalization and globalization of economies are compelling small and less-developed countries to follow suit and the unique struggles they face in trying to comply with international standards.
The Data Economy: On Evaluation and Taxation
Authors: Valente P.
Published: December 2023

While data-centred business models are claiming an ever-growing share of worldwide revenue, regulatory efforts to identify proper tax rules for the relevant activities are intensifying. It is questionable whether or not the proposals currently on the table capture the distinctive features of the data economy. The formulation of appropriate tax rules requires a thorough understanding of the mechanics of data processing activities and due consideration of the difference between information, which is an intangible asset, and tangible assets.
New income tax rules on reorganizations
Authors: Ni Y. (P.) , Bian J.
Published: December 2023

Further to the entry into force of the Enterprise Income Tax Law on 1
January 2008, the Chinese authorities issued a circular in May 2009, containing
detailed rules on corporate reorganizations. The authors discuss these latest
rules with regard to corporate reorganizations in China.
BEPS, EU State Aid Investigations and LuxLeaks: And What about Luxembourg?
Authors: Schaffner J. , Balliet S.
Published: December 2023

The authors consider both new and already existing rules and practices in Luxembourg in light of international efforts to combat BEPS, EU state aid investigations and LuxLeaks.
The Impact of the ATAD on Domestic Systems: A Comparative Survey
Authors: Gutmann D. , Perdelwitz A. , Raingeard de la Blétière E. , Offermanns R.H.M.J. , Schellekens M. , Gallo G. , Grant Hap A. , Doorn-Olejnicka M. van
Published: December 2023

This article provides an analysis of the Anti-Tax Avoidance Directive (2016/1164) of 12 July 2016. Following a discussion of the Directive’s main features (the interest limitation, exit taxation, general anti-avoidance, CFC and hybrid mismatch rules), a survey is provided of the impact of the Directive on the tax systems of various Member States. It concludes with a comparative analysis and reflections on the manner in which the Directive will be transposed by the Member States.
Council
Authors: Alvarado M.
Published: December 2023

This overview highlights the Council’s adopted decision on behalf of the European Union to conclude the Withdrawal Agreement with the United Kingdom, its amended list of non-cooperative jurisdictions, its adopted amendments to the VAT scheme for small enterprises, its adopted rules on the VAT data reporting obligation of payment service providers, its discussion on digital taxation and the work programme of the Croatian presidency.
New Controlled Foreign Corporation Rules and the Alternative Investment Fund Managers Directive
Authors: Mayo Rodriguez C.
Published: December 2023

The author considers the interplay between the new controlled foreign corporation rules in Spain and the EU Alternative Investment Fund Managers Directive, and the light that can be shed on this issue by case law of the European Court of Justice.
Transfer Pricing Audits in Latin America
Authors: Quiñones M.T.
Published: December 2023

The author considers current transfer pricing audit trends in some Latin American countries. Topics are selected based on either their importance in the region or their novelty in the transfer pricing arena.
Classification and Treatment of Hybrid Financial Instruments and Income Derived Therefrom under EU Corporate Tax Directives – Part 2
Authors: Bundgaard J.
Published: December 2023

In this two-part article, the author addresses the application of EU tax directives to hybrid financial instruments. In Part 1, the applicability of the Parent-Subsidiary Directive and the Interest and Royalties Directive was analysed. In Part 2, unilateral measures of Member States to combat cross-border arbitrage are discussed. Moreover, Part 2 contains an analysis of the fulfilment of the holding requirements under the directives and the application of the Arbitration Convention.
Deduction of Intra-Group Charges in Argentina
Authors: Rybnik D.
Published: December 2023

The author considers a 2015 National Tax Court case on the deduction of charges for intra-group services, including in light of the recent work under the OECD’s BEPS initiative on charges for low value added intra-group services.
The common consolidated corporate tax base in the European Union
Authors: Konrad U.A.
Published: December 2023

This article summarizes the proceedings of Seminar I: "IFA/EU -
consolidated tax base" at the 2008 IFA Congress in Brussels. The seminar,
chaired by Prof. Dr. Wolfgang Schön, addressed various problems regarding the
common consolidated corporate tax base and the complexities in finding
solutions. The panellists discussed the administrative and political
difficulties in adopting a CCCTB in the European Union.
Qatar and International Taxation: Part I - An Overview of the Legal and Tax Systems
Authors: Scalia R.
Published: December 2023

In Part I of this article, the author presents an overview of Qatar’s legal and tax systems, providing a context for these systems with regard to international taxation.
President’s Welcome
Authors: Kaka P.F.
Published: December 2023

Dear Ladies and Gentlemen, Senhoras e Senhores and IFA Friends, bem-vindo ao 71st Congresso da IFA que se realizará de 27 de Agosto a 1 de Setembro de 2017. Welcome to the 71st IFA Congress, which is to take place in Rio from 27 August – 1 September 2017.
Unlike VAT, Cash Flow Tax Helps Exports, Hits Imports
Authors: Sullivan M.A.
Published: December 2023

In this article, the author examines the functioning of the destination-based cash flow tax. The article builds upon and extends the analysis of a recent paper by Alan Auerbach and Douglas Holtz-Eakin (2016) entitled The Role of Border Adjustments in International Taxation.
UK Investors in US LLCs Exposed to Double Taxation – Is This the End of the Story?
Authors: Popa O.
Published: December 2023

This note addresses the UK position on double taxation relief in situations involving hybrid entities, as recently illustrated by the Court of Appeal decision in Anson (2013). The implications of the case are discussed from an international tax perspective.
Motor Racing Circuit Constitutes a Permanent Establishment
Authors: Dugar A.
Published: December 2023

This case note explains the Delhi High Court’s November 2016 decision in Formula One World Championship Ltd v. Commissioner of Income Tax that the Formula One circuit in India constituted a fixed place of business and, consequently, a permanent establishment, although it was not used for a long period of time. The income derived therefrom was business income, which was subject to withholding tax in India.
Tax Amnesties as a Transitional Bridge to Automatic Exchange of Information
Authors: Urinov V.
Published: December 2023

In this article, the author considers arguments for and against using tax amnesties as a way to transition effectively to the system of automatic exchange of information in accordance with the new global standard on automatic exchange of financial account information in tax matters as proposed by the G20 and the OECD.
Extracting the Digit: Recent UK Reforms and New Proposals for Taxing the Digital Economy
Authors: Burchner A.
Published: December 2023

In this article, the author considers the (potentially adverse) implications of the measures that the United Kingdom has introduced, or intends to apply, in response to the tax issues raised by the advent of the “digital economy”.
Permanent Establishments and Force of Attraction: Some Implications of TD Securities, in General and from an Indian Perspective
Authors: Chaturvedi A.
Published: December 2023

The author, in this article, examines the concept and the role of tax treaties, with specific regard to permanent establishments (PEs), force of attraction, and the implications of the Canadian TD Securities decision generally and from an Indian perspective. The author also considers the attribution of profits to a PE.
An Analysis of the Income Tax Consequences of Decentralized Finance (DeFi) in a South African Context and Beyond
Authors: Parsons S. , Schoonwinkel H.
Published: December 2023

This study explores the income tax consequences of peer-to-peer crypto asset lending in decentralized finance (DeFi) transactions. The analysis highlights the complexity and potential uncertainty of these tax consequences, and raises considerations of classification and neutrality that may be important for jurisdictions to consider in their legislative responses.
Opinion Statement ECJ-TF 4/2013 of the CFE on the Decision of the European Court of Justice in Ettwein (Case C-425/11)
Authors: ECJ Task Force of the CFE
Published: December 2023

This is an Opinion Statement prepared by the ECJ Task Force of the CFE on the decision of the European Court of Justice in Ettwein (Case C-425/11).
Interstate Transfer Pricing in the United States
Authors: Diehl K.A.
Published: December 2023

On average, United States courts issue one important transfer pricing case annually and are even less likely to comment on interstate transfer pricing issues. Uniquely enough, the state of Indiana has had two transfer pricing issues considered in the courts, Rent-A-Center East, Inc. v. Indiana Department of State Revenue and Columbia Sportswear USA Corp. v. Indiana Department of State Revenue, which resulted in two verdicts in favour of the taxpayers and two losses for the Indiana Department of State Revenue. Their rulings show how interstate transfer pricing principles generally apply in all US states.
The Future of International Tax Cooperation in a Barrier-Free Market: Recent Developments Regarding Italian Tax Treaties
Authors: Martino E.
Published: December 2023

Italy’s treaty policy is to conclude tax treaties to ensure more effective administrative cooperation. The increasing number of international agreements and the EU fundamental freedoms have, however, made the exchange of information on request only a first step in countering tax evasion.
Country-by-Country Reporting: Filing Obligations and First Implementation
Authors: Veldhuizen R. , Teneketzis L.
Published: December 2023

This article provides an overview of the proposed country-by-country filing obligations based on the guidance found in the revised Chapter V of the OECD Transfer Pricing Guidelines (as per the Action 13 Final Report), and discusses certain issues pertaining to the initial implementation of CbC reporting.
Tax Appeals in the UK Supreme Court
Authors: Gammie M.
Published: December 2023

This article examines the system of tax appeals in the United Kingdom, with special reference to the appeals heard by the Supreme Court.
Digitalization of VAT Reporting in Poland
Authors: Lasiński-Sulecki K.
Published: December 2023

The process of digitalization of VAT reporting has been progressing for years in many jurisdictions, including Poland. It started with allowing taxable persons to file their returns electronically as well as to issue invoices in a paperless form. Recently, huge advances in the process have been made in Poland, as a new act requiring taxable persons to issue invoices via a cloud operated for the tax authorities (the National E-Invoicing System) has been enacted. It will be obligatory, for most taxable persons, to use this system from 1 July 2024. In this article, the author presents the new invoicing rules and analyses them from a business perspective. The system is compared with the developments envisaged under the EU ViDA proposal.
Foreign Trusts: New French Legislation Enacted
Authors: l’Estoile Campi A. de , Dedieu P.
Published: December 2023

The authors, in this note, discuss the Finance Amendment Law for
2011, enacted on 30 July 2011, which addresses, in part, the law regarding
trusts, introducing provisions on gift and inheritance taxes and wealth taxes,
as well as certain clarifications on income tax provisions. Except where
specifically provided by the Law itself, the modifications are effective as
from 31 July 2011.
International Association of Tax Judges Webinar: Tax Procedures and Landmark International Case Law in India
Authors: Michel B.
Published: December 2023

This report summarizes the webinar held on 9 April 2021 by the judges of the International Association of Tax Judges on the topic of tax procedures and landmark international case law in India.
Tax Consequences of Selling a Swiss Real Estate Company
Authors: Marantelli A. , Bigler S.
Published: December 2023

In practice, the sale of shares in a legal entity often gives rise to a number of tax-related questions, for example, when the entity owns real estate in Switzerland and the shareholder of the company sold is resident abroad. The following article focuses on selected aspects of this topic.
French Foreign Tax Credit: A Clap of Thunder in a Calm Sky
Authors: Boisanté B.
Published: December 2023

Tax credits granted under French income tax treaties are generally limited to the “amount of French tax attributable to that income”. The common interpretation was that this amount corresponded to gross income multiplied by the standard tax rate. A recent decision of the Council of State (the supreme administrative court) marks an unfortunate turn for French recipients of foreign-source dividends.
Hospital and Medical Care by Commercial Hospitals under EU VAT
Authors: Chirichigno S. , Segre V.
Published: December 2023

Under EU VAT law, hospital care and medical care undertaken by public
hospitals are exempt from VAT but Member States have the power to exclude
commercial private hospitals from that exemption, which may, in view of other
concessions laid down by the VAT Directive, give rise to a complex situation
not only for medical care but also for hospital care provided by commercial
hospitals whose services are not covered by the exemption. In this article, the
authors discuss the complexity of that situation.
Polish Personal Tax
Changes for 2009
Authors: Szyszka Anna
Published: December 2023

In this note, the author surveys the significant
changes introduced to personal taxation in Poland with effect from 1 January
2009.
Singapore’s 2010 Budget: A Budget to Build Capabilities and Increase Productivity
Authors: Lee F.H.
Published: December 2023

Singapore’s 2010 Budget was announced on 22 February 2010. This article comments on the major tax measures in the Budget, which are intended to transform Singapore’s economy and encourage productivity and innovation.
Article 4 of the EU Anti Tax Avoidance Directive in Light of the Questionable Constitutionality of the German “Interest Barrier” Rule
Authors: Lampert S. , Meickmann T. , Reinert M.
Published: December 2023

In this note, the authors discuss the decision of the Federal Fiscal Court in I R 20/15 (14 October 2015), in light of the proposed EU Anti Tax Avoidance Directive.
The Foreign Tax Credit Pooling System
Authors: Koenig H. , Ho K.C.
Published: December 2023

This article provides a brief description of recent reform to Singapore’s foreign income taxation regime and highlights the features of the new foreign tax credit pooling system.
Development and Taxation of Real Estate Investment Trusts
Authors: Mijares M.I.D. , Hular M.C.Z. , Baybay R.F.V.
Published: December 2023

The real estate industry in the Philippines is a growing one and has recently been fuelled by the issuance of the Real Estate Investment Trust (REIT) Act of 2009 (Republic Act No. 9856) in 2010 and Revenue Regulations No. 13-2011 in 2011. The authors describe the key features of REITs and the corresponding tax treatment in the Philippines pursuant to these issuances.
Permanent Establishment without Carrying on a Business
Authors: Toryanik T.
Published: December 2023

In analysing the possibility of a deemed permanent establishment
without carrying on a business in Australia, the author considers a recently
released Draft Taxation Ruling, domestic legislation and case law.
The Haribo and Österreichische Salinen Cases: To What Extent Is the ECJ Willing To Remove International Double Taxation Caused by Member States?
Authors: Smit D.
Published: December 2023

This article critically analyses the European Court of Justice decisions in the Haribo and Österreichische Salinen cases, which addressed the extent to which Austria is obliged, in light of the fundamental freedoms, in particular the free movement of capital, to grant Austrian investors relief from double taxation with respect to dividend income from portfolio investments.
Capital Gains Tax and Tax Avoidance – Recent Developments
Authors: Joseph A.
Published: December 2023

Continual attempts to avoid capital gains tax came again under scrutiny by the courts and the tax office in 2020. Coming on the heels of the decision by the Federal Court in April 2020 in Peter Greensill Family Company Pty Ltd (trustee) v. Commissioner of Taxation [2020] FCA 559, the recent decision in the case of N&M Martin Holdings Pty Ltd v. Commissioner of Taxation [2020] FCA 1186 (18 August 2020) is a further note of caution for trustees distributing capital gains to non-resident beneficiaries. The Australian Taxation Office also issued a tax alert, TA 2020/4, in August 2020 concerning multiple entry consolidated groups that attempt to avoid capital gains tax using a transfer of assets to an eligible Tier 1 company prior to divestment of the relevant asset. This article will discuss the implications arising from the decision in the Martin Holdings case, and will consider whether the outcome would be different if the trust took a different form, specifically a fixed trust (the trust in the case being a discretionary trust). It will also look at the effect of amendments that were made in 2011 in respect of streaming of capital gains and franking distributions from discretionary trusts.
The 2013 Transfer Pricing Guidelines
Authors: Carado II C.T.
Published: December 2023

For the first time, formal transfer pricing guidelines were issued by
the Bureau of Internal Revenue on 23 January 2013, via Revenue Regulations No.
2-2013. These guidelines have been long awaited and mark an important milestone
in the country’s tax arena. In this article, the author describes the salient
points of the recent guidance and their impact on taxpayers.
Taxation and State Aid – Recent Case Law on Progressive Turnover Taxes
Authors: Lang M.
Published: December 2023

In this article, the author, in light of the 60th anniversary of European Taxation, reflects on 60 years of State aid case law. In particular, he highlights the two ECJ decisions of 16 March 2021 in Commission v. Poland and Commission v. Hungary, wherein the ECJ determined that the Polish and Hungarian taxes at issue, which apply a progressive tax rate on turnover, do not contradict the EU State aid rules.
The OECD Public Consultation Document “Secretariat Proposal for a ‘Unified Approach’ under Pillar One”: An Assessment
Authors: Pistone P. , Pinto Nogueira J.F. , Andrade Rodríguez B. , Turina A.
Published: December 2023

In this article, the IBFD Task Force on the Digitalized Economy provides feedback to the OECD on its Public Consultation Document “Secretariat Proposal for a ‘Unified Approach’ under Pillar One”, launched on 9 October 2019. This approach may cause the compartmentalization of tax treaty rules and eventual phasing out of the PE concept for taxing business profit. On the other hand, approaches based on pre-determinations may be further explored to contribute to the sustainability of the system.
Estonia Reduces
Withholding Tax on Non-Resident Income
Authors: Kalamäe Peep
Published: December 2023

On 19 and 20 November 2008, the Estonian parliament
made various changes
Draft law amendments No. 347 and No. 352 regarding the amendment of the Income Tax Act.
to the Income Tax Act.
State Gazette 1 1999, 101, 93 and 2008, 48, 269.
The basic principle of Estonian corporate taxation
was not changed, i.e. the retained earnings of companies remain exempt from
corporate income tax. As a result of the law amendments, there are, however,
changes to the withholding tax regime for non-residents. This note considers
these changes.
The Italian Legal Framework of Equity-Based Crowdfunding
Authors: Quintavalla L. , Piattelli U.
Published: December 2023

Italy is the first country in the world to regulate equity-based
crowdfunding, i.e. the collection of capital through public offers of financial
instruments (such as shares) conducted via an online funding portal. Some of
the restrictions contained in the regulations, such as those regarding
innovative start-ups, will result in a cautious and experimental use of this
new means of raising funds. Down the road, the Italian legislature may evaluate
whether and to what extent the regulations can be improved to benefit a greater
numbers of potential users.
A Summary of Information Obligations of Netherlands Taxpayers, in Particular with Regard to Information from Abroad
Authors: Ouderaa E.A.G. van der
Published: December 2023

This note, presented at the 6th Assembly of the International Association of Tax Judges, which took place in Lucerne (Switzerland) on 4 and 5 September 2015, examines the Netherlands provisions regarding cross-border information exchange.
Withholding Tax on
Dividends in Montenegro
Authors: Blagojevic Ivana
Published: December 2023

In this note, the author briefly outlines the adverse
tax implications of holding structures in Montenegro as provided for by the
Montenegrin Corporate Income Tax Law (the CIT Law).
Official Gazette of Montenegro Nos. 65/01, 80/04 and 40/08.
Base Erosion and Profit Shifting and Interest Expenditure
Authors: Hey J.
Published: December 2023

In this article, the author examines the implications for the
utilization of interest expenditure in tax planning given the OECD Base Erosion
and Profit Shifting initiative.
Transfer Pricing in Brazil and Actions 8, 9, 10 and 13 of the OECD Base Erosion and Profit Shifting Initiative
Authors: Valadão M.A. Pereira
Published: December 2023

Actions 8, 9, 10 and 13 of the OECD Base Erosion and Profit Shifting (BEPS) initiative directly relate to transfer pricing. This article discusses how the transfer pricing related outcomes of the BEPS Project could affect the Brazilian transfer pricing legislation and the particular Brazilian approach to this issue.
Agency Permanent Establishment and Commissionaire Structures
Authors: Monsenego J.
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 Sweden.
Parliament
Authors: Valério C.
Published: December 2023

This overview highlights the European Parliament’s committee recommendations to fight tax avoidance, calling for minimum taxation of capital gains and assessment of tax regimes to attract private wealth.
The Commentary on Article 9 – The Changes and Their Significance and the Ongoing Work on the UN Transfer Pricing Manual
Authors: Sollund S. , Pereira Valadão M.A.
Published: December 2023

The authors, in this article, examine the limited changes to the Commentary on Article 9 of the UN Model (2011) and the significance of the differences with the Commentary on Article 9 of the OECD Model, together with a brief consideration of the proposed UN Transfer Pricing Manual.
Recent Developments and Challenges Regarding Exit Taxes in the Context of Tax Treaties: Article 13 of the OECD Model and Change of Residence
Authors: Moser K. (Karen)
Published: December 2023

In this article, the author considers whether article 13(5) of the OECD Model applies to exit taxes and whether it precludes the application of exit taxes. The author also examines to what extent tax treaties can mitigate the risk of double taxation with regard to exit taxes.
New Transfer Pricing Legislation – Phase Two
Authors: Hearder D.
Published: December 2023

Australia proposed amendments to its transfer pricing legislation in
2012 in relation to the interaction between the domestic rules and tax
treaties. The author, who covered the proposed amendments in an earlier
article, now analyses the new law and its impact on the future direction of
Australia’s transfer pricing regime.
Commission
Authors: Alvarado M.
Published: December 2023

This overview highlights the Commission’s recommendation to the Council for the opening of negotiations with the United Kingdom after Brexit, its preparatory documents on tax matters for discussion in such negotiations, its adopted regulation on information to be collected under the new VAT e-commerce rules, its reports on cross-border VAT disputes and invoicing rules and its letters sent to certain Member States for failure to comply with EU obligations.
Dutch Mutual Funds: To Be or Not To Be?
Authors: Hoozemans M.A.
Published: December 2023

This article addresses some Dutch civil law differences between a Dutch mutual fund (FGR) and a Dutch general partnership in relation to recent tax case law, and some conclusions are drawn from that case law.
New Transfer Pricing Rules Introduced
Authors: Massone M.
Published: December 2023

Fifteen years after the enactment of its first transfer pricing
legislation, Chile has introduced new provisions that replace the prior
legislation. This article offers a general overview of the new transfer pricing
rules.
The French Supreme Tax Court Secures Its Hold on the Tax Bases of Digital Enterprises by Reshaping the Dependent Agent PE Concept
Authors: Celoudou S.
Published: December 2023

In this article, the author comments on the French Supreme Court’s Decision in
Conversant
, which addresses the test for determining whether a dependent agent permanent establishment (DAPE) exists. The author, after providing background details on the facts of the case and an historical overview of the DAPE provision, shows how the decision is consistent with previous decisions of the Court and the economic principles that underlie the international tax system originally established by the OECD Model.
The European Financial Transactions Tax: Issues for Derivatives, Structured Products and Securitization
Authors: Murre D.
Published: December 2023

The European Commission’s proposed financial transactions tax would introduce a tax on financial transactions entered into by financial institutions. This article focuses on the possible impact of this tax on derivatives, structured products and the securitization process. The tax, as proposed, would have an incredibly broad application due to the number of financial institutions and financial transactions falling within the stated scope.
Recent Developments in International Tax Law – Part 1
Authors: Huber M.F. , Duss F.
Published: December 2023

The authors, in Part 1 of this article, consider issues concerning the exchange of information with regard to changes in Switzerland’s treaty policy. Part 2, to be published in the January 2010 issue of the Bulletin for International Taxation, will deal with other important changes addressed in the same negotiations.
Casenote – Criminal Tax Evasion (the Asian Agri Case)
Authors: Karyadi F. , Naiborhu D.R.A.
Published: December 2023

This article discusses the landmark Supreme Court decision on criminal tax evasion in Indonesia.
Attribution of Profits to Permanent Establishments: The 2008 Article 7 versus the 2010 Article 7 of the OECD Model Tax Convention
Authors: Wintsch A.
Published: December 2023

This article compares the 2008 article 7 with the 2010 article 7 of the OECD Model Tax Convention, illustrates the similarities and differences using a case study and briefly deals with the implementation of the 2010 article 7 in the double tax treaty network of Switzerland, Germany and Austria.
Dutch Holding Companies Included in Brazilian Grey List: Controlled Foreign Company, Thin Capitalization and Consolidation Rules Not Applicable for 2015
Authors: Castro L. Freitas de Moraes e
Published: December 2023

This article considers the material and temporal extent and effect of the changes to the Brazilian list of privileged tax regimes in relation to Dutch holding companies and, specifically, if these changes have implications for 2015 that affect filing in respect of the Escrituração Contábil Fiscal (Digital Accounting Register, ECF) in 2016.
The Unlawful Consequences of Italy’s Registration Procedure
Authors: Bancalari M. , Coaloa F.T.
Published: December 2023

On 29 November 2012, the Scientific Committee of the Osservatorio di Diritto Tributario complained to the European Commission about the consequences of the VAT registration procedure of the Italian tax authorities. In this article, the authors discuss the unlawful aspects of that policy.
The Inconvenient Problem with New Zealand’s Foreign Trust Regime
Authors: Beckham J. , Elliffe C.
Published: December 2023

This article considers the issue of whether or not New Zealand trustees must be recognized as valid parties in New Zealand’s treaty network by exploring the various approaches that may be adopted in the interpretation of tax treaties and the diverging constructions of the residence article.
Taxation of Cross-Border Services Connected with Immovable Property
Authors: Amand C.
Published: December 2023

Services connected with immovable property have an specific rule as regards the place of supply of those services. In this article, the author explains this specific rule and examines the formalities to be performed by a supplier rendering such services in an EU Member State other than the one where he is established and the information available to the tax authorities in order to monitor these activities.
The Timely Resolution of Mutual Agreement Procedure Disputes – Secrets of Success?
Authors: Markham M.
Published: December 2023

In this article, the author considers the secrets of success regarding the timely resolution of mutual agreement procedure disputes via an examination of key factors exhibited by countries that have received OECD awards for this specific achievement.
State Aid and Restrictions on Free Movement: Two Sides of the Same Coin?
Authors: Engelen F.A.
Published: December 2023

This article is a transcription of the Graduation Lecture (Maarten J. Ellis Lecture) given by the author in August 2011 on the occasion of the graduation of the 2010-2011 class of the Adv LLM Program in International Tax Law of the International Tax Center Leiden at the Leiden University, the Netherlands. The lecture was followed by comments by Claire Micheau, which are also included in this issue of European Taxation.
Taxation of Investment Funds Following the OECD Base Erosion and Profit Shifting Initiative – Part 1
Authors: Merten M.
Published: December 2023

In Part 1 of this article, the author reviews the taxation of investment funds in light of the various changes and reforms proposed by the OECD/G20 BEPS initiative.
Mandatory Disclosure Rules: Spotlight on Germany
Authors: Dietrich M.
Published: December 2023

In this article, the author discusses the German legislation to transpose the DAC-6 into domestic law. In particular, he discusses terms used in the DAC-6 that have their own definition in the German bill, as well as guidance on the interpretation of certain terms that are undefined in the DAC-6. In this regard, he also points out issues that may arise due to differences in the approach applied by other Member States.
Defining “Environmental Taxes”: Input from the Court of Justice of the European Union
Authors: Pitrone F.
Published: December 2023

In this article, the author proposes a new approach to the definition of the term “environmental taxes”, taking into account a recent judgement of the Court of Justice of the European Union.
Extending the commercial reach of charitable institutions : the High
Court case of World Investments Ltd
Authors: Papadimitriou S. , Varzaly J.
Published: December 2023

The High Court decision on the entitlement of entities to be regarded
as "charitable institutions" is discussed in detail. The authors consider the
Australian legislative and common law background concerning charitable
institutions, analyse the policy considerations surrounding the decision, and
then examine the practical implications of the case.