bluuebunny/crossref_metadata_2025 huggingface dataset:
Two Missing Links: A Move towards an Auditing Standard Specifically for the Tax Control Framework
Authors: Enden E. van der , Groot J. de
Published: December 2023

In this article, the authors examine the importance of a global auditing standard for the Tax Control Framework in cooperative compliance environments and beyond. Specifically, they submit that, in order to provide greater assurance on the fiscal “in control” statement, this should be accompanied by assurance reporting from an external or internal auditor.
Commission
Authors: Alvarado M.
Published: December 2023

This overview highlights the Commission’s proposal to authorize Italy to continue applying a VAT exemption for small businesses, its updated notice on the VAT consequences of the United Kingdom’s withdrawal from the European Union, its explanatory notes on the new VAT measures (“quick fixes”) applicable in the European Union, its amended State aid temporary framework to cover additional measures due to the COVID-19 pandemic, its approval of certain aid schemes adopted by Member States under the new framework and its decision to waive customs duties and import VAT on medical equipment.
Cross-Border Restructuring and “Final Losses”
Authors: Boulogne G.F. , Sumrada Slavnic N.
Published: December 2023

In this article, the authors discuss loss compensation in connection with cross-border reorganizations, in particular the extent to which the “no possibilities” test can be relied on in claiming compensation for “final losses”.
New Circular on the Application of the Arm’s Length Principle Issued by the Federal Ministry of Finance – Commitment to OECD Guidelines
Authors: Heidecke B.
Published: December 2023

Germany has published a new circular on transfer pricing that is binding for tax authorities and helps taxpayers with the interpretation of the arm’s length principle. It deals with plenty of relevant topics for day-to-day work such as financial transactions, the DEMPE concept, services transactions and loss-making enterprises. Attached to the circular are the OECD Guidelines, which are becoming binding for tax authorities in Germany. The new circular is applicable to all open years including years that are currently under audit.
Fighting Tax Fraud through Artificial Intelligence Tools: Will the Fundamental Rights of Taxpayers Survive the Digital Transformation of Tax Administrations?
Authors: Calderón Carrero J.M. , Ribeiro J.S.
Published: December 2023

The authors, in this article, discuss how the growing use of artificial intelligence tools to fight tax fraud can erode basic taxpayer’s rights. The use of AI mechanisms for reinforcing tax compliance forms part of a broader digital transformation of the tax administrations that is taking place globally. One of the new next frontiers for taxpayer protection can consist in establishing algorithmic accountability rules and adapting the tax procedures framework to this new reality.
Taxing Digital Businesses in China
Authors: Li N.
Published: December 2023

In this issue of the Asia-Pacific Tax Bulletin we have curated a series of country reports taking a look at the direct and indirect taxation measures adopted by countries to tackle the tax issues and challenges of the digital economy. This article on China has been published together with five other countries (Australia, India, Indonesia, Korea (Rep.) and Malaysia) and with a lead article.
Harmful Tax Competition and Fiscal State Aid: Two Sides of the Same Coin?
Authors: Lampreave Márquez P.
Published: December 2023

One of the consequences of globalization is the increased openness of economies and the interdependence of states. Tax competition between states is inevitable. In parallel, the Commission has enacted the State aid rules due to the risk that aid can cause a distortion in competition between economic operators acting in the internal market. In this article, the convergences and divergences between both measures applied by the Commission are analysed.
VAT Registration Thresholds in Europe
Authors: Annacondia F.
Published: December 2023

As is traditional in the sixth issue of each year, in this issue of the International VAT Monitor an overview is presented of the VAT registration thresholds in most European (both EU and non-EU) countries, applicable in October 2018 and supplemented with announced amendments entering into force on 1 January 2019.
Cash Pooling during and in the Aftermath of the COVID-19 Pandemic: Insights from Selected Court Cases
Authors: Daba B.T. , Schrievers P.T.F. , Mohan N.
Published: December 2023

As businesses across the world struggle to deal with the economic impact of the COVID-19 pandemic (the pandemic), liquidity and freeing up much needed cash resources has become the main concern of many businesses. Hence, examining cash pooling strategies is crucial. In this article, the authors reflect on cash pooling during and in the aftermath of the pandemic based on selected court cases from Denmark, Norway, Poland, Portugal and Switzerland.
Thoughts on the Potential Effects of the OECD/G20 BEPS Action Plan on Collective Investment Vehicles – Part II
Authors: Scherleitner M.
Published: December 2023

In Part II of this article, the author continues his examination of the potential implications of the OECD/G20 Base Erosion and Profit Shifting initiative for collective investment vehicles.
Taxation of Bonds and Other Financial Instruments Held by Individuals
Authors: Munch D.A.
Published: December 2023

This article is in line with two previous articles published in this journal in 2009: “An Introduction to the Taxation of Financial Instruments” (Vol. 11, issue 1) and “Update: An Introduction to the Taxation of Financial Instruments” (Vol. 11, issue 4). The article concerns Bill 112, which passed in the Danish parliament on 1 June 2010 (Act 724 of 25 June 2010).
The General Anti-Abuse Rule of Article 80 of the Draft Proposal for a Council Directive on a Common Consolidated Corporate Tax Base
Authors: Lang M.
Published: December 2023

In this article, the author critically examines the general anti-abuse rule contained in Art. 80 of the draft proposal for a Council Directive on a Common Consolidated Corporate Tax Base, comparing it to anti-abuse provisions in other EU directives, as well as the formulation of a general anti-abuse concept under European Court of Justice case law.
The Impact of IFRS 16 on the Application of the Earnings Stripping Rule for Dutch Tax Purposes
Authors: O’Donoghue V. , Velthuis T.
Published: December 2023

As of 1 January 2019, enterprises reporting under the International Financial Reporting Standards should have adopted the new lease accounting standard IFRS 16. As of the same date, Member States of the European Union should have implemented the Anti-Tax Avoidance Directive I. This article will analyse the possible impact of IFRS 16 on the deductible interest of a taxpayer under the earnings stripping rule.
The EU Concept of State Aid
Authors: Binder T.
Published: December 2023

The author, in this article, discusses the EU State aid rules and their enforcement, including an historical analysis of the upheaval in EU tax policy during the late 1990s that led to their enactment.
Taxability of cross-border mergers and acquisitions : the Vodafone
case
Authors: Baxi D. , Sanghvi S.
Published: December 2023

The unprecedented economic growth in India has resulted in a large
amount of foreign investment flowing into the country and the Indian tax
authorities are increasingly challenging structures used by investors to
realize profits from their investments while minimizing tax costs. The authors
discuss a recent case which may have far-reaching implications on cross-border
mergers and acquisitions involving Indian assets.
Xilinx: The Saga Continues
Authors: Wright D.R.
Published: December 2023

The IRS appealed the decision in the
Xilinx
case to the Court of Appeals for the Ninth Circuit, which initially held in favour of the IRS. However, a subsequent reissuance of the decision resulted in a decision in favour of the taxpayer. This article considers the latest developments in this long-running dispute.
Taxation, Tax Avoidance and the Rule of Law
Authors: Vanistendael F.
Published: December 2023

This article is based on a lecture presented at the recent official opening of the IBFD’s office in China. The article begins with a historical development of the rule of law concept and goes on to provide a comparison between the Western and Asian concepts of the rule of law. The author also discusses the impact of the rule of law from a taxation perspective, in particular with regard to the interpretation of anti-avoidance rules.
New Property Tax Law – Will Good Things Come to Those Who Wait?
Authors: Morstadt T. , Riedl S.
Published: December 2023

Thailand is in the process of reforming its property tax law, with the
introduction of the “Act on Land and Building Tax B.E.”. The article provides
an overview on how the Draft Act would affect the current legal situation if it
were implemented and the consequences for taxpayers in comparison to the
current legislation.
Spain Amends Interest Limitation Rules in Compliance with the EU Anti-Tax Avoidance Directive (2016/1164)
Authors: Cueva González-Cotera A. de la , Brioso de la Rica F.
Published: December 2023

In this note, the authors discuss Law 13/2023, which transposes the EU Anti-Tax Avoidance Directive (2016/1164), in particular the general interest limitation rules for corporate income tax purposes.
Article 15(2) of the OECD Model and the International Hiring-Out of Labour: New Criteria Required?
Authors: Pignatari L.T.
Published: December 2023

Article 15(2) of the OECD Model is important in the taxation of employment income derived from international hiring-out of labour (IHOL) structures, as it may permit exclusive taxation in the residence state. This article argues that the IHOL criteria should be reconsidered as well as the application of that article.
Trump’s Corporate Income Tax Rate Reduction: A CFC Trap for Foreign-Controlled US Subsidiaries
Authors: Chew V.T.
Published: December 2023

President Trump’s proposed tax reform includes a reduction of the corporate income tax rate from 35% to 15%. From the non-US point of view, this article warns that this will trigger the operation of controlled foreign company regimes.
The Court of Justice of the European Union – Recently Decided and Pending Cases
Authors: Annacondia F.
Published: December 2023

In this overview, the editor provides a list of judgments of the Court of Justice of the European Union (ECJ) and Opinions of the ECJ’s Advocates General delivered in VAT cases in the past 12 months. The overview also contains a list of the remaining cases pending before the ECJ on 31 August 2021, and a list of cases that have been removed from the ECJ’s register in the past year.
Business Model with Central Entrepreneur and Transfer Pricing: A Czech Case Study
Authors: Nerudova D. , Solilova V.
Published: December 2023

The authors evaluate the impact of the business model consisting of a central entrepreneur with different forms of a manufacturing subsidiary distributing its own products through distributing subsidiaries in the form of commissionaires, on the total tax liability of a group operating in the manufacturing industry. The authors also identify the most suitable business model that optimizes the tax base with respect to the applied transfer pricing policy.
The European Interest Savings Directive : an appraisal and proposals for
reform
Authors: Vanistendael F.J.G.M.
Published: December 2023

This article summarizes the presentation on the EU Interest Savings
Directive (Seminar C) at the 2008 IFA Congress in Brussels, which was a
collective effort of academics, bankers, international and EU officials, all of
whom are tax professionals. The presentation consisted of a summary of the
objectives and mechanics of the Directive, a survey of its shortcomings, and
some proposals for improvement formulated by policymakers and individuals in
private business charged with the daily implementation of the Directive. In
addition to discussing these aspects of the Directive, the article examines the
European Commission's findings and proposals for reform and ends with a
critical appraisal of the whole operation of the Directive to date.
VAT Registration Thresholds in Europe
Authors: Annacondia F.
Published: December 2023

As is traditional in the sixth issue of each year, in this issue of the International VAT Monitor an overview is presented of the VAT registration thresholds in most European (both EU and non-EU) countries, applicable in October 2021 and supplemented with announced amendments entering into force on 1 January 2022.
Proposed Changes to the Code of Conduct for the Arbitration Convention
Authors: Damsma B.
Published: December 2023

The Commission of the European Communities recently submitted its fourth communication on the work of the EU Joint Transfer Pricing Forum and a related proposal for a revised Code of Conduct for the effective implementation of the Arbitration Convention. This fourth Communication reports on the work of the JTPF from March 2007 to March 2009, during which time the JTPF adopted two reports, one on penalties and transfer pricing, and one on the interpretation of some provisions of the Arbitration Convention. This article provides an overview of the issues dealt with in both reports.
Supervisory Board Members: Revision of the Dutch VAT Position Required after the ECJ’s IO Case Ruling?
Authors: Vonken G.
Published: December 2023

In June 2019, the Court of Justice of the European Union (ECJ) ruled in the IO case whether supervisory board members perform their economic activities “independently” to qualify as taxable persons for VAT purposes. The ECJ’s judgment in this case deviates from the current Dutch policy regarding supervisory board members. In this article, the author discusses the legislation and the judgment provided by the ECJ in the IO case and examines the Dutch government’s view in order to determine whether revision of the Dutch VAT position might be required.
The Long-Awaited Circular Letter on Italian Transfer Pricing Documentation: Critical Analysis and Practical Implications
Authors: Zucchetti S. , Tombesi G.
Published: December 2023

With the 2021 Circular Letter on transfer pricing documentation, the Italian tax authorities have not only shed some light on the operational instructions concerning the new transfer pricing documentation and the related penalty protection regime, but also outlined a number of interesting positions on various topics in the transfer pricing field that so far have never yet been addressed.
Brexit: Deal or No Deal? Regulatory and Tax Implications for the Banking and Financial Services Industry – Part I
Authors: Salvadori di Wiesenhoff V.
Published: December 2023

The United Kingdom will leave the European Union (a process known as “Brexit”) on 1 November 2019 at the latest, but with the possibility of leaving earlier if the Withdrawal Agreement is ratified by both parties before this date. The exact Brexit date remains, however, subject to possible change, and a “no-deal” Brexit is still a possible option. This is the first of a two-part article dealing with certain regulatory and tax implications of Brexit (with or without a deal) for the banking and financial services industry. In this first part, the author considers the consequences of the loss of passporting rights in the event of no-deal Brexit and examines the transitional provisions in both the European Union-United Kingdom Withdrawal Agreement and the emergency Brexit Decree enacted by the Italian government.
Supreme Court Overrules High Court in the Adecco Transfer Pricing Case (Trademark Licence Agreement)
Authors: Bjørnholm N. , Tolstrup B.
Published: December 2023

On 25 June 2020, the Danish Supreme Court overruled the High Court and sided with the taxpayer in the Adecco case. The dispute concerned the arm’s length nature of trademark royalties paid by Adecco Denmark to the Swiss related intellectual property owner and parent. This article discusses the ruling in more detail and provides some comments on what can be deduced from it.
Still More Financial-Related Developments in Tax and Accounting
Authors: Hammer V.
Published: December 2023

The middle of 2011 saw a multitude of financial-related tax developments in the United States. Among the items considered by the author are court decisions, IRS pronouncements, revenue procedures, regulations under the Internal Revenue Code and actions of the Financial Accounting Standards Board.
Tax incentives on foreign direct investment
Authors: Nguyen N. , Llanes Navarro C.
Published: December 2023

The authors provide an overview of tax incentives available to foreign
direct investment and their administration under the current tax
regime.
Changes Brought About by Transfer Pricing Decree 20/2013 of 18 June 2013
Authors: Erdős G.
Published: December 2023

The author provides a brief outline of some of the Hungarian transfer pricing concepts, summarizes Hungary’s simplification efforts and describes recent legislative changes and their practical consequences.
Development of Transfer Pricing Jurisprudence
Authors: Supekar D. , Dhadphale A.
Published: December 2023

India is one of the few Asian jurisdictions which has seen a
significant amount of litigation between the tax authority and taxpayers. The
introduction of transfer pricing regulations more than a decade ago, has also
contributed to increased litigation and as a result, tax jurisprudence is now
an important factor in transfer pricing compliance. In this article, the
authors discuss a number of important decisions which impact various transfer
pricing issues in India.
Is the OECD/G20 BEPS Initiative Heading in the Right Direction? Some Forgotten (and Uncomfortable) Questions
Authors: Escribano E.
Published: December 2023

This article critically analyses the scope of the OECD/G20 Base Erosion and Profit Shifting (BEPS) initiative and further raises some questions concerning the role played by certain long-standing paradigms underlying corporate income taxation in the BEPS phenomenon.
Tax Authorities Issue Circular on Interpretation of Double Tax Treaties
Authors: Pellone C.
Published: December 2023

Circular 75 was issued by the Chinese tax authorities on 1 September 2010. It provides China’s first detailed guidance on the interpretation of each article of Chinese double tax treaties. While this Circular specifically deals with the Singapore–China treaty, it also contains an introductory paragraph which extends the explanations within it to all other Chinese treaties with similar articles.
Transfer Pricing Adjustments and VAT
Authors: Matesanz F.
Published: December 2023

In this article, the author describes the interrelationship that exists between the adjustments made as a result of transfer pricing policies and VAT. He lists the different types of transfer pricing adjustments and discusses the implications they have on VAT.
Action 4 of the OECD Action Plan on Base Erosion and Profit Shifting Initiative: Interest and Base-Eroding Payments – Insights from the Canadian Experience
Authors: Duff D.G.
Published: December 2023

This article provides a Canadian perspective of Action 4 of the OECD Action Plan on Base Erosion and Profit Shifting. The Canadian experience suggests that countries acting on a unilateral basis are more concerned by base erosion undertaken by non-residents than by residents.
Ireland’s Most Recent Finance Act
Authors: Maguire T.
Published: December 2023

In this note, the author explores various amendments included in Finance Act 2021, which have now been enacted, including, inter alia, in respect of individual income tax (rate bands, employment investment incentive scheme and the universal social charge) and corporate income tax (interest limitation rule, reverse anti-hybrid rules, transfer pricing, minimum corporate tax rate, relief for small business, accelerated depreciation for energy efficient equipment, the adoption of the authorized OECD approach and implementation of DAC7).
Tax Treaty Case Law News
Authors: Arnold B.J.
Published: December 2023

In this Tax Treaty Case Law News, Brian Arnold reviews recent cases
from Australia, Singapore, India and Canada on taxation of capital gains,
exchange of information, fees for technical services and remittance basis of
taxation in the case of dual residence, respectively.
Zambia’s First Transfer Pricing Case: An Opportunity Lost to Use the Updated OECD and UN Transfer Pricing Guidelines for Developing Countries
Authors: Dunne V.
Published: December 2023

The first Zambian transfer pricing court case was decided on 28 March 2019 by the Income Tax Appeals Tribunal in Lusaka. The author, in this article, considers the reasoning and the findings of the case and makes some observations regarding its implications.
Non-Residents’ Property Investments: The End of Discrimination?
Authors: Saïac J.
Published: December 2023

In this article, the author discusses the decision of the French
Supreme Administrative Court concerning the different tax treatment of French
residents and non-residents with regard to their investments in personal
property.
Brazilian VAT Reform, Finally!
Authors: Brazuna J.L. Ribeiro
Published: December 2023

After a long time waiting, Brazil is expected to pass a tax reform this year, finally reorganizing its complex indirect tax system and adopting a dual VAT system. In this column, the author explains that the National Congress is under pressure to accept several exceptions to the new system, endangering the original simplification purpose of the project.
Interpretation of International Tax Treaties – Subsequent Agreements and
Subsequent Practices
Authors: Agrawal R.
Published: December 2023

In this succinct article, the author analyses the use of subsequent
agreements and subsequent practices in the context of the interpretation of
international tax treaties.
Arm’s Length Capital Structure in Intra-Group Financing Companies – Disregarding of Equity Financing
Authors: Lie M. , Olsen S-F.
Published: December 2023

This article describes how the Norwegian tax authorities have approached intra-group financing structures. This has given rise to a question of whether the arm’s length principle provides a basis for recharacterizing equity as debt in order to establish an arm’s length profit. The issue is still disputed in Norway, as there is still no final decision from either the appeal body or the legal system.
Legal Remedies in the Tax System
Authors: Takagi S.
Published: December 2023

The article provides an introduction to and describes the administrative phases, courts, appeals, etc. with regard to tax cases.
VAT on Negative Prices
Authors: Trinks M.
Published: December 2023

The phenomenon of “negative prices” did not exist when the harmonized EU VAT system was created. Therefore, no specific rules were adopted to tackle this issue. However, “negative prices” have now become common practice, for example in the area of electricity trading. In this article, the author discusses an approach to handle negative prices by using the general EU VAT rules.
DAC7 in Germany: Due Diligence Obligations for Digital Platforms
Authors: Oldiges M.
Published: December 2023

In this article, the author examines key provisions of the newly enacted Platforms Tax Transparency Act, which establishes due diligence procedures and reporting requirements for digital platform operators. The author explores several provisions that have proven to be problematic and explains the application procedure for a binding ruling.
Taxing the Digital Economy: Domestic and Global Challenges
Authors: Haq I. , Ahmed M.A.
Published: December 2023

The digital economy is emerging as a global marketplace and e-commerce and digital technologies are increasingly facilitating businesses and their clients, as well as governments and their citizens, in transcending the barriers of geographical boundaries, time and distance. Nonetheless, further development of the technology sector in Pakistan faces several challenges, such as heavy taxation, lack of broader incentives and the need for a more holistic approach by the government. At the same time, e-commerce and the digital economy in general have given rise to complex taxation issues worldwide that may also impact Pakistan. This article deals with some challenges relating to taxation of the digital economy in Pakistan, and highlights recent international tax developments on taxation of the digital economy. The article also suggests areas that should be prioritized by the government in order to develop its digital infrastructure and fully realize the potential of the digital economy.
Recent Tax Amendments
Authors: Popa O.
Published: December 2023

This note describes the most significant amendments introduced by the recently enacted tax reform in Romania, most of which are effective 1 January 2024.
New Regime for Managed Investment Trusts
Authors: Joseph A.
Published: December 2023

Taxation of trusts in Australia has been tangled for a very long time in a web of English law concepts of equity and later statutory intervention. The author discusses amendments to income tax law that are basically focussed on adopting an income attribution method for determining the tax liability of trust beneficiaries.
Intra-Group IP Transfers Following International M&A Transactions – Challenges and Best Practice from a (Swiss) Transfer Pricing Perspective
Authors: Zahnd N.
Published: December 2023

The post-M&A transfer of intellectual property raises a number of challenging questions from a transfer pricing perspective. By means of a case study, the author illustrates the use of international valuation standards in the context of intellectual property and transfer pricing (fair value versus arm’s length principle) as well as the treatment of pricing premiums and milestone payments.
VAT Regime – Triangular Intra-Community Operations and Recent ECJ Case Law
Authors: Pozvek M.
Published: December 2023

This note discusses the VAT simplification measure, which is intended to reduce the administrative and compliance burden on traders and tax authorities with regard to registration and accounting, provided the three traders involved in the transaction are all VAT registrants in the European Union. In particular, the author comments on the ECJ decision in Firma Hans Bühler KG v. Finanzamt Graz-Stadt (Case C-580/16) and a recent proposal to amend the VAT Directive (2006/122).
VAT and the Financial Services Sector in Nigeria
Authors: Abdulrazaq A.O.
Published: December 2023

In this article, the author describes the scope of the VAT system in
the financial sector of Nigeria and the tax authorities’ remarkable ideas about
the right to recover input VAT by financial institutions.
Legal Research in International and EU Tax Law
Authors: Jiang Q. , Yuan Y.
Published: December 2023

The authors, in this note, report on the proceedings of the symposium
on Legal Research in International and EU Tax Law held on 16 May 2014 and
hosted by the International Tax Center of Leiden University.
Treaty Override
and the Proper Interpretation of Terms with Particular Reference to Mexican Tax
Legislation
Authors: Lara Ramos L.R.
Published: December 2023

In this article, the author considers the issue of treaty override and
the implications of the proper interpretation of terms, in particular with
regard to tax treaties and Mexican domestic tax legislation, together with
relevant examples and interpretative issues.
New Withholding Taxes on Interest Paid to Non-Resident Entities: Beneficial Ownership Requirement as a Shield against Conduit Structures
Authors: Labombarda G. , Bitetti G.
Published: December 2023

This article discusses a new provision that imposes a withholding tax of 5% on interest payments that meet all of the requirements for benefitting from the EU Interest and Royalties Directive except for the condition regarding beneficial ownership.
Transfer Pricing Dispute Resolution and Mutual Agreement Procedures: An Indonesian Perspective
Authors: Mulyani Y.
Published: December 2023

This article examines the Mutual Agreement Procedures programme in Indonesia, including recent developments and changes in procedure, describing its advantages over other domestic dispute resolution options such as objection to the Directorate General of Taxes and appeal to the Tax Court.
Central Tax Board Ruling: Income Derived by Non-Resident Investor from a Finnish Real Estate Investment Fund Not Taxable in Finland
Authors: Holkeri K.
Published: December 2023

On 1 February 2012 the Central Tax Board rendered an advance ruling (KVL 002/2012) stating that the income or capital gains derived by a non-resident investor from a Finnish special investment fund investing in Finnish real estate was not taxable in Finland by virtue of domestic tax law and the Nordic Tax Treaty.
Status of Implementation of the Authorized OECD Approach into Domestic Tax Law and Tax Treaties – Part 1
Authors: Huibregtse S. , Verdoner L. , Valutyte I. , Offermanns R.
Published: December 2023

This article examines profit/loss allocation in a headquarter/branch scenario. Part 1 discusses the actual split between a head office and branch from a theoretical perspective, discusses basic concepts derived from public international treaty law, the notion of Key Entrepreneurial Risk-Taking Functions versus Significant People Functions and the Authorized OECD Approach (AOA). Part 2, to be published in European Taxation 9 (2015), continues to analyse the AOA, looks at the question of whether adequate capital is allocated to the branch as a fictitious separate entity and outlines court cases, tax policy and advance pricing agreement/mutual agreement procedure implications.
The Role of Tax Havens in the Global Financial Crisis: A Critique of International Initiatives and Measures to Curb the Resultant Fiscal Challenges and the Example of South Africa
Authors: Oguttu A.W. , Schulze C.
Published: December 2023

The authors, in this article, consider the problem of tax havens and their historical development, as well as the role that tax havens played as catalysts in the global financial crisis, taking South Africa as an example in this context.
The Second EU Invoicing Directive: A Missed Opportunity
Authors: Echevarria Zubeldia G.
Published: December 2023

The Proposal for the Second Invoicing Directive was aimed at fully
harmonizing the VAT rules in the European Union and removing all obstacles for
electronic invoicing. Although it cannot be denied that it has brought
considerable improvements, the Second Invoicing Directive has not fulfilled all
the hopes and expectations of businesses as regards simpler and more harmonized
invoicing rules. In this article, the author discusses the respects in which
the Second Invoicing Directive has failed to reach the original
targets.
Fairly Odd: Belgium's New Fairness Tax
Authors: Michel B. , Van Den Berghe P.
Published: December 2023

As of 2013, Belgium has been levying a new tax called the
"fairness tax". The tax consists in a separate corporate tax assessment of
5.15% levied on profit distributions by Belgian companies or branches that do
not realize taxable profits because of the offsetting of previous losses or the
notional interest deduction. This article discusses the technical aspects of
the tax, the policy design behind the provisions and, finally, its
compatibility with EU law and with Belgium's tax treaties.
Valuation of Intangibles under Income-Based Methods – Part II
Authors: Wittendorff J.
Published: December 2023

This article, the second of two parts, considers the use of
income-based methods to determine the arm’s length value of intangibles. Part I
was published in the previous issue of the International
Transfer Pricing Journal.
Beneficial Ownership - Withholding Tax on Dividends and Interest from the Danish Perspective
Authors: Tolstrup B. , Bjørnholm N.
Published: December 2023

The question of whether or not a foreign recipient of dividends and interest from a Danish company can be considered to be the beneficial owner of such income has been the topic of much recent academic discussion. The Danish tax authorities have also initiated several major cases regarding this subject.
The Anti-Abuse Rules of the CCCTB
Authors: Panayi C.
Published: December 2023

The author, in this article, examines the anti-abuse rules that would be adopted under the Common Consolidated Corporate Tax Base.
Services Permanent Establishments and the Canada–United States Income Tax Treaty
Authors: Scott Wilkie J.
Published: December 2023

This article explains the “services permanent establishment” provision in the Canada–United States Income Tax Treaty in the context of the OECD’s views on this extension of the typical PE notion, and in light of several interpretative comments offered by the Canada Revenue Agency.
Social Security and Pensions Systems
Authors: Bird R. , Nomura K. (Kayo) , Kapoor H.
Published: December 2023

This comparative survey aims to provide readers with an understanding of the social security and/or pensions systems in China, India, Indonesia, Japan, Korea (Rep.), Malaysia, Singapore and Thailand.
New Transfer Pricing Environment
Authors: Castro S.
Published: December 2023

Changes made to Peruvian transfer pricing legislation in 2012 are in
force from FY 2013. The author considers the positive aspects of these changes,
as well as lingering ambiguities for taxpayers.
Transfer Pricing of Trademark: Valuation of Trademark – The Finnish Approach – Part II
Authors: Pankakoski K.
Published: December 2023

This article is the second of a two-part article and focuses on determining the transfer price for a trademark from the Finnish perspective. The aim of such pricing should be a fiscally acceptable valuation outcome. The valuation of a trademark in transfer pricing is a multi-stage process that requires a broad and in-depth valuation perspective. This article considers the transfer pricing of a trademark from a theoretical and practical perspective by taking into account all the relevant factors that affect the transfer price. It concludes with interpretative statements on how the arm’s length principle should be approached in the transfer pricing of a trademark, taking into account the legal restrictions set by the national legal order determined in Part I of this article.
Ensuring Effective Taxpayer Remedies for Breaches of Confidentiality in Relation to Tax Treaties
Authors: Hernández Rivera D.A.
Published: December 2023

In this article, the author considers the problems associated with taxpayers’ remedies for breaches of confidentiality in relation to the exchange of information under tax treaties. Within this context, the author proposes a sui generis arbitration clause as a solution to these issues.
Intra-Group Services: Issues, Solutions and Issues in Solutions
Authors: Biswas S.
Published: December 2023

This article discusses the major issues faced by both taxpayers and tax authorities as regards intra-group service transactions, and analyses in detail the various simplification measures taken by tax administrations of various countries to resolve some of these issues for the taxpayers. The issues can be broadly classified as either the question whether intra-group services have indeed been provided, or, if that is the case, what should be the arm’s length price or charge for such services.
Aircraft Leasing Industry in Ireland
Authors: Hannigan J.
Published: December 2023

The author considers the many factors that make Ireland an attractive global hub for aircraft leasing and aviation finance.
The Implementation of the AIFMD in Dutch Tax Law
Authors: Vermeulen H. , Elink Schuurman
Published: December 2023

In this article, the authors explain the amendments to Dutch tax law
as a result of the recent implementation of the Alternative Investment Fund
Managers Directive. Changes were made to the Dutch Corporate Income Tax Act,
the Dutch Dividend Withholding Tax Act and the Dutch General Tax Act. Given the
aim of the implemented directive, all these changes relate to investment
undertakings. The authors will use the term “collective investment vehicles” in
a general way; it is not a legal definition.
Commission
Authors: Morales T.
Published: December 2023

This overview highlights the Commission’s (i) proposal to reduce the VAT rate on COVID-19 vaccines and diagnostic medical devices; (ii) requests to Belgium, Luxembourg and France to amend, respectively, their rules on the exemption of savings income, inheritance tax reduction, taxation of interest received by individuals and capital gains of non-resident investment funds; (iii) reasoned opinion to Spain requesting the implementation of ATAD anti-hybrid provisions; (iv) approval of the Italian tax scheme to support agricultural cooperatives affected by the COVID-19 pandemic; (v) adoption of the 2021 Work Programme; (vi) decision to extend VAT and customs duties relief for importation of medical equipment; (vii) referrals to the ECJ of Greece, Belgium and Netherlands regarding, respectively, the tax treatment of foreign business losses, the deductibility of alimony payments and cross-border pension rules; and (viii) closure of infringement procedures against certain Member States regarding the conformity of their legislation with EU law.
Taxpayer’s Access to and Support in Court
Authors: Reis M. (Margarida) C.
Published: December 2023

In this article, the author considers some of the issues that taxpayers might encounter when they appear before Portuguese tax courts.
Is There Any Future for the Vendor Collection Model in the 21st Century Economy?
Authors: Lamensch M.
Published: December 2023

Against the background of ever-growing compliance costs for businesses and enforcement difficulties for states in an increasingly global and digital economy, the author suggests that the traditional “vendor collection” model is no longer appropriate in this new economic environment and that a technology-enabled customer collection alternative should be investigated. The author further explains that a renaissance of the VAT system might come from outside of the European Union, because of political and psychological factors.
Comments on Professor Schoueri’s Lecture “Arm’s Length: Beyond the Guidelines of the OECD”
Authors: Andresen U.
Published: December 2023

Dr Ulf Andresen comments on Professor Schoueri’s Klaus Vogel Lecture of 25 September 2015, hosted by the Institute for Austrian and International Tax Law (WU), Vienna, the title of which was “Arm’s Length: Beyond the Guidelines of the OECD”.
AMP Expenditure, Location Savings and Guarantee Fee Aspects of Transfer Pricing
Authors: Chakravarty A. , Ray S.
Published: December 2023

This article examines the AMP expenditure, location savings and guarantee fee elements of the transfer pricing debate. In particular, the authors discuss the three components in the context of United States and Indian jurisprudence, various government pronouncements, recent BEPS developments and changes to the OECD transfer pricing guidelines.
German Treaty Override Violates Constitutional Law
Authors: Kahlenberg C.
Published: December 2023

This article examines the recent decision of the German Bundesfinanzhof [Federal Tax Court], in which it was held that
one of the German treaty-overriding practices violates international treaty
law. The author also gives an overview of German treaty-overriding rules,
followed by a discussion on their compliance with international treaty
law.
German Trade Tax Structuring for Renewable Energy Components of Real Estate Transactions
Authors: Eckl P. , Schill F.
Published: December 2023

In this article, the authors outline the relevant aspects of trade tax in connection with green energy components of real estate transactions and then describe some improvements that have recently been introduced by the German legislator in order to make the use of renewable energy components more attractive.
Tax Convergence and the Next Generation European Union
Authors: Garbarino C.
Published: December 2023

In this article, the author describes the spontaneous convergence of COVID-related tax measures that occurred in 2020, which was closely followed, at the EU level, by a new recovery instrument, with far-reaching goals, denominated Next Generation EU. The author explains how the process of tax convergence was connected to a broader institutional process that has “fiscal underpinnings” in the broadest sense, and draws conclusions on the innovative formula that emerged in this specific area of EU fiscal architecture.
CFI Decision on
Italian Specialized Investment Vehicles
Authors: Lozev Konstantin
Published: December 2023

The author, in this note, considers the recent
decision of the Court of First Instance in the case of Associazione italiana del risparmio gestito and Fineco Asset
Management v. Commission.
Recent Tax Changes
Authors: Michel B. , Offermanns R.
Published: December 2023

After a 541-day formation period, the new Belgian government was quick to introduce a number of tax measures to reduce the budget deficit. A first wave of changes was unrolled by the Law of 28 December 2011 and a second by the Law of 29 March 2012. This note describes relevant changes contained in these reforms in regard to personal and corporate income tax.
The European Financial Transaction Tax: The New Reality
Authors: Mettrie L. , Songnaba P. , Murre D.
Published: December 2023

The European Commission’s new proposal for a financial transaction tax was issued on 14 February 2013 with Germany, France, Belgium, Estonia, Greece, Spain, Italy, Austria, Portugal, Slovenia and Slovakia as participating Member States. Whereas a year ago implementation seemed doubtful, it is now much more likely. The new proposal not only provides some clarifications and exemptions, but significantly broadens the scope of the financial transaction tax proposal by introducing the so-called “issuance principle”, as well as strict anti-abuse measures.
Taxation and the Business Environment in Afghanistan
Authors: Hassan B.
Published: December 2023

In this article, the author discusses taxation and the business environment in Afghanistan. In this context, he suggests policy and administrative measures to strengthen the tax regime so as to collect more tax revenue and to improve the business environment for investment in order to encourage economic growth.
The Evolving World of Global Tax Planning: Part I
Authors: Herrington M. , Lowell C.H.
Published: December 2023

This article is the first in a series, which will review considerations that MNEs may want to take into account in adapting their strategies in this evolving world of global tax planning. The authors will address this vital topic in three instalments, namely (i) framing the background, (ii) anticipation of an ever-increasing agenda of disputes and (iii) the epochal opportunity for MNEs to retool their ETR planning strategies.
Exit Taxation in Third-Country Situations
Authors: Pinetz E. , Schaffer E.
Published: December 2023

This article comments on the ECJ decision in DMC
(Case C-164/12), wherein the Court addressed the compatibility of a domestic
exit tax provision with the free movement of capital.
Pre-Registration in Norway
Authors: Samuelsen J. , Skarprud J.
Published: December 2023

In this article, the authors describe how a long start-up
phase may jeopardize the right of businesses engaged in the exploration of gas
and oil to recover input VAT in Norway before they actually move to the
operational phase of their business activities and qualify for VAT
registration.
Tax Treaty News
Authors: Arnold B.J.
Published: December 2023

The author, in this “Tax Treaty News”, considers various recent Belgian, Canadian and US treaty cases of note, as well as commenting on the October 2010 meeting of the UN Committee of Experts on International Cooperation in Tax Matters regarding the anticipated 2011 UN Model Tax Convention.
Supreme Court Decision on Withholding Tax Obligations
Authors: Sanghvi S. , Shaikh S.
Published: December 2023

The imposition of withholding tax on payments made to non-residents
has raised a number of questions especially when the taxability of the income
in India is disputed. The Supreme Court’s recent decision as to when the
withholding tax provision should be applied is discussed.
The Problematic Combination of EU Harmonized and Domestic Legislation regarding VAT Platform Liability
Authors: Janssen Anne
Published: December 2023

The EU harmonized VAT e-commerce rules applying as of 1 July 2021 have far-reaching consequences, particularly for the liability of platforms. In addition, some Member States recently adopted domestic liability regimes for platforms which can be differentiated into three models, and it appears that these regimes will remain in place after 1 July 2021. In this article, the combination of EU harmonized and domestic legislation with respect to VAT platform liability is explored. In the author’s view, some domestic liability regimes are not proportionate and go further than necessary to reach the intended aim and the combination of EU harmonized and domestic legislation regarding VAT platform liability is problematic.
Incidental Transactions Excluded from the VAT Pro Rata Calculation: The ECJ and the Italian Supreme Court Interpretations
Authors: Contrino A. , Cavallo A.
Published: December 2023

The concept of incidental transactions exempt for VAT purposes has never been defined either by legislation or by jurisprudence. In this article, the authors analyse which factors the ECJ considers relevant for identifying the nature of incidental transactions in order to understand to what extent a recent decision of the Italian Supreme Court differs from the ECJ’s jurisprudence. The authors find that, even though the Italian jurisprudence borrows most of its arguments from the ECJ’s jurisprudence, the outcome seems not to be completely aligned with it.
The European Court of Justice – Recently Decided and Pending Cases
Authors: Annacondia F.
Published: December 2023

In this overview, the editor provides a list of judgments of the Court of Justice of the European Union (ECJ) and Opinions of the ECJ’s Advocates General delivered in VAT cases in the past 12 months. The overview also contains a list of the remaining cases pending before the ECJ on 31 August 2016, and a list of cases that have been removed from the ECJ’s register in the past year. Summaries of the judgments, Opinions and other pending cases that have not yet been published are presented following the lists.
Recent Developments in Hong Kong’s Exchange of Information Rules
Authors: Chan A.
Published: December 2023

In this article, the author discusses the 2010, 2013 and 2016 amendments to Hong Kong’s Inland Revenue Ordinance, to bring Hong Kong into line with the OECD’s international standards on exchange of information. The author outlines the objectives of the amendments and comments on the changes made in each of those years.
US Tax Reform: The International Tax Implications for India – The “India-US Business Corridor”
Authors: Wagh S.
Published: December 2023

This article considers how investors in India and the United States will be affected by the US tax reform and whether the India-United States Income Tax Treaty (1989) will require revision. The emphasis is on the tax and economic implications of the US tax reform for the India-US business corridor.
Specific Anti-Avoidance Measures in Greece in the Post-BEPS and Post-ATAD Era
Authors: Savvaidou A. , Athanasaki V.
Published: December 2023

In this article, the authors outline the Greek anti-avoidance legal framework, as currently in force, focusing on specific anti-avoidance rules. Further, they compare these provisions to the BEPS anti-abuse measures and the EU Anti-Tax Avoidance Directive (2016/1164).
CFC Rules for Individuals in Effect 1 January 2022
Authors: Blazejova Z.
Published: December 2023

In this note, the author outlines the new controlled foreign company (CFC) rules that have been introduced with effect from 1 January 2022.