bluuebunny/crossref_metadata_2025 huggingface dataset:
The VAT Conundrum of Fuel Cards: Thoughts on the ECJ Judgment in Vega International
Authors: Gómez D. , Echevarría Zubeldia G.
Published: December 2023

The ECJ’s judgment in Vega
International has created a wave of controversy amongst VAT practitioners. The ECJ concluded that when a parent company provides fuel cards to its subsidiaries, enabling those subsidiaries to refuel the vehicles they transport at petrol stations, the parent company is not, for VAT purposes, the recipient of the fuel deliveries made by the service stations, nor is that company delivering fuel to its subsidiaries. On the contrary, the parent company is, for VAT purposes, providing services to the subsidiaries comparable to the granting of credit, which is exempt from VAT. In this article, the authors’ objective is to extrapolate the conclusions of this decision to other cases and explain how the usage of fuel cards operates in the market.
The treatment of foreign exchange results under the participation
exemption
Authors: Kok R.
Published: December 2023

The participation exemption is a cornerstone of the Dutch corporate
income tax system. This article considers the treatment of foreign exchange
results under the participation exemption, and discusses strategies for hedging
a foreign exchange exposure on a participation, namely taking up a debt
denominated in the foreign currency, entering into a forward agreement and
having a long position in a put option.
GST and Phoenixing of Companies
Authors: Joseph A.
Published: December 2023

In this article, the author examines several measures that have been put in place in Australia to target “phoenixing” of companies, especially focusing on tax and GST-related legislative developments. He also reviews the steps taken by the Australian Tax Office in this regard, and looks at the position prevailing prior to 2012, under the law applicable to companies, which was largely ineffective in recovering GST payable when companies indulged phoenixing.
Italmoda: Does the EU VAT Directive Become the Source of Individuals’ Obligations?
Authors: Lasiński-Sulecki K.
Published: December 2023

In its judgment in Italmoda, the ECJ presented the highly controversial view that the Sixth Directive must be interpreted as meaning that it is for the national authorities and courts to refuse a taxable person, in the context of an intra-Community supply, the benefit of the rights to deduction of, exemption from or refund of VAT, even in the absence of provisions of national law allowing such refusal, if it is established, in the light of objective factors, that that taxable person knew, or should have known, that by the transaction relied on as a basis for the right concerned it was participating in VAT evasion committed in the context of a chain of supplies. In this article, the author believes that some of the views presented in the said judgment cannot be upheld.
Recent Developments in German Criminal Law and Their Impact on VAT Compliance
Authors: Meyer-Burow J. , Stumm O.
Published: December 2023

In view of the recent tendency of German criminal courts and of the German legislator to adopt a stricter approach towards VAT offences, businesses should more diligently comply with their administrative obligations in the field of VAT, in particular if they are engaged in business transactions on a regular basis. In this article, the authors present details of the developments in Germany and of a recent judgment of the Court of Justice of the European Union supporting the German authorities.
Applying the Merger Directive beyond Its Scope in Third-Country Scenarios: An Alternative Approach to A Oy (Case C-48/11) – Part 1
Authors: Gordillo Fernández de Villavicencio I.
Published: December 2023

This article examines the appropriateness of an expansive application of the Merger Directive to comply with EU law in third-country scenarios. In Part 1, the author examines the ECJ’s “predominant freedom” approach applied in A Oy (Case C-48/11) and its shortcomings in the context of business acquisitions and reorganizations. As a result, the author proposes an alternative viewpoint. Part 2, to be published in European Taxation 2/3 (2013), tests this alternative approach against several examples.
Some Recent Tax Decisions of the European Court of Human Rights
Authors: Baker P.
Published: December 2023

The imposition and collection of taxes continue to raise a miscellany of different issues under the European Convention on Human Rights. This short article discusses some recent cases that raise: freedom of religion and the right to privacy (Arts. 9 and 8 of the Convention, respectively), the right to the enjoyment of possessions (Art. 1 of the First Protocol of the Convention), freedom of speech and the defamation of tax officials (Art. 10) and the right to a fair trial (Art. 6). They illustrate how the Convention may impact on tax and its collection in ways one might not have anticipated.
Interpreting Tax Treaties in the Light of Reservations and Opt-Ins under the Multilateral Instrument
Authors: Bravo N.
Published: December 2023

In this article, the author considers the implications for the interpretation of tax treaties of the reservations and options that are contained in the Multilateral Instrument. In this context, the author addresses and answers a number of specific questions relating to the interpretation of the Multilateral Instrument, Covered Tax Agreements and Non-Covered Tax Agreements.
The Nature and Scope of the Mandatory Arbitration Provision in the OECD Multilateral Convention (2016)
Authors: Groen G.
Published: December 2023

In this article, the author considers the nature and scope of the mandatory arbitration provision in the OECD Multilateral Convention (2016) and discusses the effectiveness of the arbitration procedure.
Court of Justice
Authors: Alvarado M.
Published: December 2023

This overview highlights the ECJ’s decision on the compatibility of legislation that precludes the application of a tax advantage in the form of a 50% deduction from the corporate tax base in respect of dividends deriving from shares listed on foreign stock exchanges with the free movement of capital.
Opinion Statement CFE 1/2018 on the Importance of Taxpayer Rights, Codes and Charters on Tax Good Governance
Authors: CFE Tax Advisers Europe
Published: December 2023

CFE Tax Advisers Europe has long advocated the fundamental importance of taxpayer rights to tax good governance, and the role that clear statements of taxpayer and tax administration rights and obligations can play in this respect. Such rights and obligations are becoming an issue of global interest and, for this reason, engagement in this work is of vital importance to all interested parties and stakeholders. As the leading body representing European tax advisers, the CFE looks forward to being an active contributor to further progress in the area.
The Potential Impact of Euro-Mediterranean Association Agreements on the Taxation of Inbound Dividends
Authors: Ribeiro J.S.
Published: December 2023

This article examines the impact of the free movement of capital
provisions in Euro-Mediterranean Association Agreements on the taxation of
inbound dividends from third countries. In that context, particular attention
is paid to domestic provisions dealing with economic double taxation.
The Indian Judicial System and Tax Disputes
Authors: Gandhi S.V.
Published: December 2023

In this article, the author provides an overview of the Indian judicial system with regard to tax cases. The article was originally written as a supplement to the IBFD’s Tax Treaty Case Law Database and is intended to provide general information on the Indian judicial tax structure.
The Participation of Italy in the EU VAT Cross-Border Rulings Project: Legal and Procedural Issues
Authors: Cannas F.
Published: December 2023

The EU VAT Cross-Border Rulings Project is a product of the EU VAT Forum, and its declared purpose is to allow taxable persons to obtain advanced rulings on the VAT treatment of complex cross-border issues. In this article, the author aims at identifying the main reasons why taxable persons have shown disinterest in this project. The findings of the short analysis herein are expected to be relevant at both European and domestic levels in the event that a decision is made to relaunch or expand this instrument.
The Role of Platforms as Intermediaries under Simplified Tax Regimes: The Example of the Russian Professional Income Tax Regime
Authors: Vvedenskaya A.
Published: December 2023

This article outlines the features of the Russian Professional Income Tax Regime and the role of the special app, the My Tax App, and intermediaries in respect of the regime. The app is used to automate and simplify the tax reporting process. Such platforms and tailor-made digital solutions, coupled with legislative support, play a significant role in tax compliance. Implementation of the app, however, has raised certain compliance, privacy and data protection concerns, as well as other policy issues that must be addressed.
The VAT Treatment of Holding Companies – German and EU VAT Practice Perspective
Authors: Eggers J. , Ahrens B.
Published: December 2023

Although the VAT treatment of holding companies has been the subject of several ECJ decisions over the past 25 years, it is still a controversial issue and thus turns out to be a never-ending story. Two new cases recently referred by the Federal German Tax Court to the ECJ might provide further clarification regarding the entitlement to input VAT deduction for holding companies. Both cases concerned holding companies that had incurred input VAT in relation to limited partnerships to which they rendered management services for consideration. On 26 March 2015, the opinion of Advocate General Mengozzi in the joined cases of Beteiligungsgesellschaft Larentia + Minerva mbH & Co. KG and Marenave Schiffahrts AG
Opinion of 26 March 2015, joined cases of Beteiligungsgesellschaft Larentia + Minerva mbH & Co. KG (C-108/14), ECJ Case Law IBFD and Marenave Schiffahrts AG (C-109/14).

was published. In this article, the authors analyse the ongoing discussions with respect to the input VAT deduction of holding companies in Germany and comment in particular on the opinion of the Advocate General from the perspective of German and EU VAT practice.
Council
Authors: Alvarado M.
Published: December 2023

This overview highlights the Council’s (i) position on adopting a public Country-by-Country Reporting Directive, as well as its reasons for supporting this position, (ii) removal of certain countries from the EU list of non-cooperative jurisdictions for tax purposes, and (iii) authorization for Hungary to allow a 50% input VAT deduction on the lease of passenger cars.
The Weiser Case: UK Pension Income Not Subject to Tax in Israel under the Israel-United Kingdom Income Tax Treaty (1962)
Authors: Cleave B.
Published: December 2023

In this article, the author considers the recent decision of the UK First-tier Tribunal in the case of Weiser, concerning an Israeli resident taxpayer and whether his UK pension income was “subject to tax” in Israel and, consequently, exempt from UK tax under the Israel-United Kingdom Income Tax Treaty (1962).
Has the Pension Reform in Armenia Solved the Existing Problems or Merely Created a New, Bigger One?
Authors: Manukyan M.
Published: December 2023

This note critically examines the new compulsory retirement savings plan that has been in force in Armenia since 1 July 2014.
New Dutch Transfer Pricing Decree
Authors: Reyneveld J. , Sporken E.
Published: December 2023

The authors consider the November
2013 Dutch Decree on transfer pricing and the most significant
changes that it involves, including those with regard to transfer pricing
methods, intra-group services, cost contribution arrangements, BEPS, guarantees
and financing, documentation obligations, and mutual agreement
procedures.
Proper Transfer Pricing Rates between the United States and Puerto Rico: Wal-Mart Puerto Rico, Inc. v. Zaragoza-Gomez
Authors: Diehl K.A.
Published: December 2023

An important transfer pricing case, Wal-Mart Puerto Rico, Inc. v. Zaragoza-Gomez, discusses how transfers between related entities in the United States and Puerto Rico should be valued. The case is a good example of transfer pricing valuations in today’s business environment in general and it demonstrates that Wal-Mart utilizes the proper transfer pricing valuation steps.
The Indian Budget 2017 – Is It BEPS Compliant?
Authors: Arshad A. , Nagappan M.
Published: December 2023

In this article, the authors canvass and critique measures announced in the 2017 Budget, which are designed to bring aspects of Indian domestic tax law into line with the OECD BEPS initiatives. These include the introduction of thin capitalization rules and transfer pricing secondary adjustments. The article also examines the government’s new place of effective management test of corporate residence and modifications to the rules on the taxation of gains from the indirect transfer of assets situated in India.
Draft Legislation Issued for Implementation of Authorized OECD Approach
Authors: Andresen U.
Published: December 2023

Germany is about to introduce the Authorized OECD Approach in its national tax legislation. This article analyses the draft provision; addresses concerns regarding its compliance with constitutional as well as EU laws and shows how the provision may be misused to broaden the tax base by transfer pricing adjustments in relation to dealings. Further, it shows that taxpayers may not be able to use mutual agreements procedures if such adjustments are triggered by non-transfer pricing provisions.
The Bayfine Case: Elaborate Tax Avoidance Scheme Using Tax Treaty Fails in Court of Appeal of England and Wales
Authors: Cleave B.
Published: December 2023

This article considers the UK case of Bayfine UK v. Commissioners for H M Revenue and Customs (2011) concerning an avoidance scheme, which exploited differences between the UK and US tax systems and United Kingdom-United States Income Tax Treaty (1975). In the end, the Court of Appeal decided in favour of the tax authorities.
Supreme Court Rules on the Use of Comparables Involving Different Functional Profiles
Authors: Yeroshenko X.
Published: December 2023

In a recent decision of 15 June 2023, the Supreme Court of the Czech Republic upheld the position of the taxpayer in a case dealing with the comparability of transactions involving different functional profiles of the same taxpayer due to a business restructuring arrangement. In the view of the Supreme Court, the tax administration failed to establish what would have been an arm’s length price in a comparable uncontrolled transaction by choosing a single uncontrolled transaction, which, in the view of the taxpayer and the Court, was not comparable to what the actual controlled transaction was.
New Transfer Pricing Documentation Requirements for Companies: Routes to Simplification?
Authors: Lagarden M.
Published: December 2023

The author discusses transfer pricing documentation with a view to plans laid out by the current German government in its coalition agreement at the end of 2013, and with a particular focus on the treatment of this issue according to the OECD’s final report on BEPS Action 13 (Transfer Pricing Documentation and Country-by-Country Reporting), published in October 2015.
Transfer Pricing and EU Law Following the ECJ Judgement in SGI: Some Thoughts on Controversial Issues
Authors: Martín Jiménez A.
Published: December 2023

This article examines some of the potentially controversial implications of the transfer pricing decisions of the European Court of Justice in Lankhorst, Thin Cap and SGI, and the effect from an EU law perspective and on the legislation of the Member States, especially with regard to Spanish legislation.
Foreign Enterprises – Eligible as a Tested Party?
Authors: Jhabakh P.R. Kumar , Balasubramanian V.
Published: December 2023

The present article is of importance to readers all around the globe including legal practitioners as it aims to provide an analysis of the recent ruling of the Hon’ble Madras High Court in the case of Virtusa Consulting Services Private Limited v. DCIT, Chennai. The Madras High Court had through this order expanded the scope of who is a “tested party” for the determination of arm’s length prices in controlled transactions. The High Court held that a foreign associated enterprise can be a tested party for the purpose of determining the arm’s length price.
The Myth of Taxing Cloud Computing under EU VAT
Authors: Bal A.
Published: December 2023

In this article, the author discusses the VAT aspects of cross-border
cloud computing services on the basis of the VAT legislation of the European
Union and in the framework of the OECD Base Erosion and Profit Shifting (BEPS)
project.
Tax Implications of COVID-19 in Singapore
Authors: Ooi V.
Published: December 2023

As taxpayers in Singapore deal with a radically changed business environment due to COVID-19, there is a need to make non-routine decisions quickly. These decisions can have significant tax implications, which will likely manifest themselves later as the economy recovers. It is critical for taxpayers to understand the tax consequences of their decisions, even as they focus on issues of immediate survival. While the majority of the relevant tax principles are not new, the COVID-19 pandemic has resulted in the need to apply these existing principles to new situations and increased the frequency of certain activities that may have been uncommon prior to the pandemic. Business decisions undertaken during the COVID-19 pandemic will affect the whole range of taxes, including income tax, goods and services tax, stamp duties and property tax. The importance of understanding the tax consequences of these non-routine decisions and of maintaining contemporaneous documentation cannot be overstated.
The Substance Requirement and the Future of Domestic Anti-Abuse Rules
within the Internal Market
Authors: Robert E. , Tof D.
Published: December 2023

In this article, the authors explore the "substance requirement"
developed by French case law in the light of the EU freedoms, and its
increasing importance in applying both specific and general anti-avoidance
rules within the internal market.
Payment for Outright Sale of Product Not a Royalty
Authors: Dugar A.
Published: December 2023

This case note explains the ruling of the Madras High Court that payments for the outright purchase of a software product are deductible to the purchaser. A deduction cannot be denied by the tax department on the ground that the payment is a royalty, which should have had tax deducted at source.
Parliament
Authors: Alvarado M.
Published: December 2023

This overview highlights the Parliament’s reports on VAT proposals regarding SMEs and the reporting liability for payment services providers, as well as the resolution on fair taxation of the digital economy adopted by the Parliament.
Asset Allocation to Bank Permanent Establishments – The German Perspective
Authors: Engelen C. , Tcherveniachki V.
Published: December 2023

There are special regulations covering the determination of profits and, thus, the taxation of bank permanent establishments in Germany. Mainly, these rules relate to the determination of the key entrepreneurial risk-taking function and, consequently, the allocation of assets. Given that the rules are largely pro-fiscal and not always in conformity with the arm’s length principle, double taxation may result.
Final FATCA Regulations Provide Certainty, Flexibility
Authors: Carman P.
Published: December 2023

Final regulations have been issued under the FACTA provisions of the
US Internal Revenue Code. This article provides a summary of the highlights of
the Regulations and a somewhat closer look at a few particular issues under the
Regulations.
US Tax Reform: The Potential Tax Implications for Brazilian Taxpayers
Authors: Tomazela Santos R.
Published: December 2023

In this article, the author analyses the main corporate tax reform proposals under discussion in the United States and their potential implications for Brazilian taxpayers.
Commissionaire Permanent Establishment: Possible Repercussions of the Zimmer Case
Authors: Galli C.
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 Italy.
Dealing with Debt
Authors: Wong M. (Michael) , Lee A. (Andrew)
Published: December 2023

This article is based on a comparative survey presented at the 2009 Baker & McKenzie Annual Asia-Pacific Tax Conference and provides a broad overview of the tax consequences arising from the sale, transfer, etc. of debt.
Tax Treaties: Ratification and the Relationship with Domestic Law in the Italian and US Legal Systems
Authors: De Girolamo G.
Published: December 2023

The author, in this article, examines the tax treaty ratification processes in Italy and the United States and the relationship between tax agreements and Italian and US domestic law, respectively, to try to assign to such agreements a ranking in both internal sources of law.
Withholding Tax Exemption for Interest on Medium and Long-Term Loans
Authors: Gusmeroli M.
Published: December 2023

Loan interest withholding tax has long been an issue for both foreign lenders and Italian borrowers, with the latter usually bearing the economic cost thereof. A new provision, discussed in this article, exempts from withholding tax interest on medium and long-term loans granted by banks established in the European Union (as well as by European insurance companies and supervised institutional investors).
Recent Transfer Pricing Developments in Belarus: Taking Careful Steps towards Integration into European Tax Law
Authors: Chochiev A.
Published: December 2023

At the end of 2018, Belarus adopted large-scale amendments to its Tax Code. Among other matters, transfer pricing provisions were markedly rewritten and expanded. A new version of the Tax Code envisages a number of changes, including an updated list of related parties, revised criteria for determining controlled transactions, modified rules on transfer pricing methods and documentation, as well as the introduction of advance pricing agreements. All of these modifications manifest that Belarus monitors global developments in transfer pricing carefully and adopts, albeit slowly, international best practices in this sphere. The new rules, which came into force on 1 January 2019, apply to transactions performed on and after this date. It is expected that amendments will significantly change the Belarusian transfer pricing scene.
Introduction of Rule Limiting Interest Deduction
Authors: Bilaney S.
Published: December 2023

In response to recommendations under Action 4 of the OECD/G20 BEPS project, India has introduced a rule to limit the deduction of interest on related-party debt. The author analyses the new rule, illustrates its potential impact through computational examples and suggests changes to align it with the economic scenario in India.
Court of Justice
Authors: Alvarado M.
Published: December 2023

This overview highlights the ECJ’s decision denying a tax loss deduction in respect of a loss incurred by a non-resident company prior to the transfer of its place of effective management to another Member State.
The Brazilian Thin Capitalization Rules and Tax Treaties: A Critical Approach
Authors: Moraes do Rêgo Monteiro A.L.
Published: December 2023

In this article, the author examines thin capitalization rules in general and, in particular, those introduced by Brazil by way of Law 12,249/2010, and the relationship of these rules with the provisions of tax treaties, specifically, the equivalents of articles 9(1), and 24(4) and (5) of the OECD Model.
What to Include in the TP Documentation in Poland According to the New Regulation of the Minister of Development and Finance
Authors: Jamroży M.
Published: December 2023

2017 has seen numerous important law changes affecting TP documentation in Poland. Mainly as a response to the Base Erosion and Profit Shifting (BEPS) Action Plan adopted by the OECD and G20 countries, new responsibilities with regard to transfer pricing documentation have been imposed in Poland, as of 1 January 2017. The new legislation has significantly extended the scope of the TP documentation and reporting requirements to be provided to tax authorities.
Made in America: International Tax Reform 2.0 – Part 3
Authors: Pérez Gautrin C.
Published: December 2023

This is Part 3 of the author’s article, “Made in America: International Tax Reform 2.0”. It first considers the Inflation Reduction Act of 2022, followed by an exploration of the new Corporate Alternative Minimum Tax based on information available as of 5 February 2023, the date this article was written. It then deals with the Excise Tax on Repurchases of Corporate Stock.
2018: A Key Year for Transfer Pricing Compliance and Enforcement, for Companies and Branches
Authors: Gruendel K. , Thomas K. , Brandon M.
Published: December 2023

This article addresses two categories of recent significant changes to Japanese international tax rules: the implementation of the BEPS Action 13 recommendations and changes to Japan’s rules regarding permanent establishments.
BMW Ruling – Driven Home Safely!
Authors: Bilaney S.K.
Published: December 2023

The author reviews a recent transfer pricing ruling in relation to BMW India’s payment of market survey charges and technical support service fees to its associated enterprise. The author highlights some important aspects that should have been considered by the tax authorities and tribunal before they drove their way to conclusion.
Current Trends Regarding Disclosure Mechanisms: Reporting Ultimate Beneficial Ownership – Part 2
Authors: Offermanns R.H.M.J. , Moniz R. Botelho
Published: December 2023

In this two-part article, the authors comment on current trends regarding disclosure mechanisms. Part 1 of this article, published in issue 4 of European Taxation (2019), examined practical difficulties faced in complying with such mechanisms, the purpose and consequences of disclosure mechanisms and important considerations in implementing disclosure mechanisms. Part 2 examines the reporting of beneficial ownership.
Unravelling the Recent US Tax Reform: A Paradigm Shift in the International and EU Tax Landscape
Authors: Niesten H.
Published: December 2023

The aim of this contribution is to outline some of the implications and the possible spillover effect of key international tax features of the historic US tax reform from an EU perspective.
COVID-19 and Its Impact on Determining, Reviewing and Documenting International Transfer Prices
Authors: Ditz X. , Quilitzsch C.
Published: December 2023

The COVID-19 crisis will likely continue to affect the economy over a longer period of time. From the perspective of transfer pricing, several consequences can already be deduced which companies should anticipate at an early stage. This article provides an overview and answers the numerous questions which already did or will arise in this context.
The Object of Art. 9(1) of the OECD Model Convention: Commercial or Financial Relations
Authors: Wittendorff J.
Published: December 2023

This article examines two dimensions of the concept of a controlled transaction under Art. 9(1) of the OECD Model. The first part is an examination of the basic object qualification under Art. 9(1), treaty-based limits on the object qualification and the OECD position. Second, the delimitation of the controlled transaction for purpose of the arm’s length test under Art. 9(1) is examined.
The Possible Introduction of a European Taxpayer Code: Objective and
Potential Alternatives
Authors: Cerioni L.
Published: December 2023

The European Commission, in its 2012 Action Plan, noted the need to
develop a European Taxpayer Code. In this article, the author examines the pros
and cons of developing either a soft or hard law instrument to achieve this
purpose and comments on the draft Model Taxpayer Charter developed by the CFE,
the Asia-Oceania Tax Consultants’ Association and the Society of Trust and
Estate Practitioners.
Transfer Pricing Rules under the ECJ's Scrutiny: Green Light for Non-Arm’s Length Transactions?
Authors: Buriak S. , Petruzzi R.
Published: December 2023

This article analyses the ECJ decision in Hornbach-Baumarkt (C-382/16) from 31 May 2018 and its implications for the transfer pricing legislations of EU Member States. First, to argue that cross-border transactions targeted by the arm’s length principle are comparable to purely domestic ones, the article scrutinizes the situations when the application of the transfer pricing rules is domestically relevant. Second, the article examines the justification of balanced allocation of taxing powers to the restrictive measure and its possible criteria for proportionality. Finally, the article analyses whether the ECJ allows related parties to act on non-arm’s length terms within the European Union.
High Court Finds TNMM More Appropriate than CUP Transfer Pricing Method
Authors: Dugar A. , Bhandari L.
Published: December 2023

This case note reviews the Bombay High Court’s finding in Principal Commissioner of Income Tax v. Amphenol Interconnect Private Ltd that the transactional net margin method was a more appropriate method than the comparable uncontrolled price method to determine the arm’s length price of goods traded, and commission payments made, between associated parties, due to differences in the volume of goods sold, geographical markets, timing and other functional factors.
Implementation of the EU Anti-Tax Avoidance Directive (2016/1164) in Austria
Authors: Spindler-Simader K. , Wöhrer V.
Published: December 2023

This article provides a brief overview of the main provisions of the EU Anti-Tax Avoidance Directive (2016/1164) and analyses how it will impact Austrian tax rules.
The Rights of the Taxpayer and Tax Litigation in Finland
Authors: Nuotio V-P. , Pikkujämsä M. , Saukko P.
Published: December 2023

In this article, the authors examine some taxpayer issues that arise during tax procedures in Finland.
Trends and Challenges in the Tax Arena
Authors: Owens J.
Published: December 2023

The author, in this article, first, outlines current trends in the tax arena and, then, considers some of the challenges facing tax policy makers.
The New Tax Agreement between Germany and Switzerland – Milestone or Selling of Indulgences?
Authors: Perdelwitz A.
Published: December 2023

In this article, the author analyses the Switzerland–Germany tax agreement concerning the future tax treatment of capital investment income and previously undeclared funds signed on 21 September 2011. In particular, the author considers the agreement in light of German constitutional and EU law.
Indian APA and MAP Programmes – Moving towards Maturity
Authors: Kumar S. (Sanjay) , Poddar C.
Published: December 2023

In 2012, the Indian APA programme was introduced. Since then, significant strides have been made. This article discusses the APA journey in three phases, bringing out how the authorities have started resolving complex transactions. The article also summarizes significant progress in MAP resolutions during the last eight years.
Italian Supreme Court Decision on Indirect Taxation Applicable to a Surrender of Usufruct Rights over Immovable Property
Authors: Rossi R.
Published: December 2023

In this note, the author analyses the Decision of the Italian Supreme Court in Case No. 2252/2019 regarding the application of Italian mortgage and cadastral taxes applicable on the surrender of a usufruct right over immovable property located in Italy. This note describes the arguments reported in the Decision, providing an overview of the primary implications in terms of indirect taxation applicable upon a surrender and transfer of rights in immovable property located in Italy.
Brazil’s Controlled Foreign Company Regime in Question
Authors: Violin P.
Published: December 2023

In this article, the author reports on the progress of a case that is considering the validity or otherwise of Brazil’s controlled foreign company regime before the Brazilian Supreme Court.
The Carbon Tax
Authors: Dickey S.
Published: December 2023

The Australian government passed the Clean Energy Future package in November 2011 which is dubbed by its opponents as the “carbon tax”. The author provides a succinct description of the measures and impact they will have.
The Development of Islamic Finance
Authors: Yun D. , Chan F.
Published: December 2023

Recognizing the opportunities provided by the tremendous growth in
Islamic financial products, Hong Kong has recently introduced a bill to amend
its tax laws to provide a tax-neutral environment to promote the sector. This
article looks at the proposed changes and the possibilities it could bring in
positioning Hong Kong as an Islamic finance hub.
An Analysis of the Case Law on Article 3(2) of the OECD Model
(2010)
Authors: Sada Garibay M.
Published: December 2023

This article analyses the meaning that the courts in different
countries have given to the expression "unless the context otherwise requires"
in article 3(2) of the OECD Model (2010), which has been included in many tax
treaties.
Highlights of the Proposal for a New Bilateral Tax Regulation between
the Netherlands and Curaçao
Authors: Verboom H. , Veldhuijzen M. , Bos Frederik , Kiers M.
Published: December 2023

In June 2014, a proposal for a new bilateral tax regulation that will
govern tax relations between the Netherlands and Curaçao was published. The
following note discusses highlights of this regulation from a corporate income
tax, personal income tax and gift and inheritance tax perspective, with a focus
primarily on changes in comparison to the “old” regulation and notable
deviations from the OECD Model (2010).
South Australian Trusts – Perpetuity Periods and Asset Protection
Authors: Butler M.
Published: December 2023

This article examines the possibility of organizing trusts that are governed by South Australian law and are thus not subject to the “rule against perpetuities”. In that case, the trust’s assets – for example, a family farm, a business or shares in companies – potentially never need to vest in beneficiaries.
Moving Towards Better Transparency and Exchange of Information on Tax
Matters
Authors: Owens J.
Published: December 2023

In this short contribution, Jeffrey Owens, Director of the OECD's
Centre for Tax Policy Administration, gives his thoughts on developments on
transparency and the exchange of information regarding tax matters. In this
respect, he emphasizes the role of the OECD's Global Forum and the recent
conclusion of exchange of information and other agreements by a number of
jurisdictions that are intended to promote transparency and cooperation in the
tax field.
President’s Welcome
Authors: Kaka P.F.
Published: December 2023

Dear Ladies and Gentlemen, Senoras y Senores, dear IFA Colleagues, bienvenidos to the 70th Congress of the International Fiscal Association (IFA) that is to take place in Madrid from 25-30 September 2016. Our main subjects will be (i) Dispute resolution procedures in international tax matters and (ii) The notion of tax and the elimination of international double taxation or double non-taxation. As usual in Madrid, you will find an array of exciting scientific, social and cultural programmes.
New Anti-Avoidance Provision and Tax Planning for Non-Residents
Authors: Mazansky E.
Published: December 2023

This article considers the tax planning implications of the introduction of a new provision in the South African Income Tax Act 1962 regarding the treatment of buy-backs of shares in certain circumstances and the taxation of the related dividends.
New Valuation Guidelines
Authors: Møllin Ottosen A. , Vistisen E.
Published: December 2023

The Danish tax authorities have issued guidelines on the valuation of businesses, shares and intellectual property in transactions between related parties. The guidelines supplement the existing transfer pricing documentation guidelines and must be expected to be of broader application. This article provides the background for, and a summary of the new valuation guidelines.
ConocoPhillips Case: Implications in Norway and Beyond
Authors: Andresen H.M. , Pearson-Woodd N. , Jørgensen H-M
Published: December 2023

In January 2010 ConocoPhillips Scandinavia AS (COPSAS) and Norske
ConocoPhillips AS (NCOPAS) lost their transfer pricing case in respect of their
participation in the ConocoPhillips group’s cash pooling system. This article
sets out the facts of the case and the judgement of the Court of Appeal, and
considers the wider implications of the case, both for Norway and
internationally.
Supreme Court Resolves Question on Treatment of Concealed Production or Sales
Authors: Hassan B.
Published: December 2023

Pakistan’s Income Tax Ordinance 2001 empowers the tax authorities to make amendments or reamendments to assessments of income tax, including in situations where income has escaped assessment due to concealment or underreporting. The income tax law also contains numerous measures to counter tax avoidance and evasion. While these various separate provisions should be complementary, in this article, the author analyses an important issue that arose between taxpayers and tax authorities regarding the interpretation and application of two of these provisions and discusses the decisions of the appellate authorities in resolving the matter.
Advocate General Opinions on Tax Autonomy of European Regions: From the Basque Country Case (1999) to the Gibraltar Case (2011)
Authors: Martínez Bárbara G.
Published: December 2023

The author, in this article, explores the Advocate General Opinions in the Basque Country, Azores, UGT-Rioja and Gibraltar cases, with a focus on the issue of regional selectivity with respect to tax measures adopted by subnational authorities within Member States.
Case Studies on Cross-Border Income from Employment
Authors: Cannas F. , Daxkobler K. , Kerschner I.
Published: December 2023

On 21 October 2013, the case study conference “Practical Problems of
Tax Treaty Interpretation and Application” was held at the WU in Vienna. This
contribution summarizes the main points of the discussion chaired by Michael
Lang with representatives of various countries (who articulated their personal
views).
ESG Value Creation from a Transfer Pricing Perspective
Authors: Greil S. , Schwarz C. , Stein S.
Published: December 2023

Achieving environmental, social and governance (ESG) targets has become one of the most important challenges for multinational enterprises (MNEs). However, ESG initiatives have received rather little attention so far from a transfer pricing perspective. This article explores how ESG initiatives can alter the existing value creation within MNEs from a transfer pricing perspective.
Bank Restructuring Legislation Enters into Force
Authors: Lange A.A. , Schäfer F.
Published: December 2023

In an attempt to address concerns that arose during the recent
worldwide financial crisis, the German Restructuring Act has entered into
force. This article considers the provisions of this new legislation and their
potential impact on the banking sector.
US Treaty Anti-Avoidance Rules: An Overview and Assessment
Authors: Avi-Yonah R.S. , Halabi O.
Published: December 2023

In this article, the authors provide a summary of the anti-avoidance rules in the United States that relate to bilateral tax treaties. Specifically, they focus on treaty-based anti-avoidance rules and discuss whether or not a General Anti-Avoidance Rule would be appropriate in this context.
Guidance from the Italian Legislator on the Correct Application of the Arm’s Length Principle: Alignment to the OECD Standards
Authors: Cappelleri G. , Cataldi M.
Published: December 2023

Recently, the Italian Ministry of Economy and Finance released a decree setting out the general guidance for the correct application of the arm’s length principle. This article provides an analysis of the nine articles of the new decree, taking into account, in particular, the extent to which they comply with the OECD Guidelines as updated by Actions 8-10 and Action 13 of the OECD/G20 BEPS Project.
Survey of Implementation of the EC Merger Directive – A Summary with
Comments
Authors: Lozev K.
Published: December 2023

In this article the author summarizes and comments on a survey
published by the Commission on implementation of the EC Merger Directive, which
was conducted by Ernst & Young.
Finding Middle Ground over Unilateral Digital Taxation
Authors: Sarfo N.A.
Published: December 2023

In this article, the author discusses how unilateral solutions to digital taxation may inform the broader, global discussion about the digital economy.
The Draft Income Tax Law
Authors: Yakut D.
Published: December 2023

In this note, the author outlines the details of the Turkish tax reform, including the objectives and six principles that underpin the reform initiative.
The Agent Permanent Establishment Reconsidered: Application of Arts. 5, 7 and 9 of the OECD Model Convention
Authors: Barreiros Rosalem F.
Published: December 2023

This article deals with the differences in the risk allocation proposed by the “Report on the Attribution of Profits to Permanent Establishments” and the “Transfer Pricing Aspects of Business Restructurings: Discussion Draft for Public Comment”, both by the OECD. It analyses the impact of such distinctions in the attribution of profits to dependent agent PEs and subsidiaries, respectively.
Identification of Customers of E-Services under EU VAT
Authors: Veltrop M.
Published: December 2023

In order to ensure the neutrality of the EU VAT system, B2C supplies
of electronic services within the European Union will also be taxable in the
customer’s Member State from 1 January 2015. Although much has been done to
ensure that the new VAT regime for B2C e-services functions well from the
start, the success of the operation depends to a large extent on how
effectively suppliers of e-services will be able to determine their customers’
VAT status and location, and to prevent manipulation on the part of their
customers. In this article, the author discusses the compliance aspects of the
new arrangements from the perspective of suppliers of e-services.
The Fidelity Funds Case: A Commentary on the ECJ’s Decision and Its Potential Impact on the Köln-Aktienfonds Deka Case
Authors: Adema R.P.C.
Published: December 2023

This article deals comprehensively with the Fidelity Funds case. The decisions of the Court of Justice of the European Union and the referring Danish court will be considered in detail. Furthermore, the impact of these decisions on the Köln-Aktienfonds Deka case and similar cases pending in the Netherlands will be discussed.
Multinational Anti-Avoidance Law: Australia’s Response to BEPS Action 7
Authors: Burns L.
Published: December 2023

On 3 December 2015, the Australian Parliament passed the Tax Laws Amendment (Combating Multinational Tax Avoidance) Act 2015 (the “Multinational Anti-Avoidance Law”). This timely article looks not only at the operation of the Multinational Anti-Avoidance Law, and a number of technical issues identified, but for additional context, first discusses BEPS Action 7 and the basic jurisdictional rules under Australian domestic law for the taxation of business income of non-residents.
Impact Investing: What Are We Talking About? – Part I
Authors: Bakker A.J.
Published: December 2023

The author provides an overview of impact investing. Before delving into the tax issues related to impact investing (see Part II of this article), the author provides in Part I insight into what constitutes impact investing, why it has grown in recent years, why impact investing matters and which parties are involved.
A Recent Decision on the Application of the Ne Bis in Idem Principle in the Tax Context
Authors: Gerzova L.
Published: December 2023

This note discusses a recent decision of the Latvian Constitutional Court that reviews the compatibility of a provision of national law allowing for the application of both an administrative and a tax penalty in regard to offences in the area of the circulation of excise goods with the ne bis in idem principle. The author analyses this principle and the findings of the Court in the context of the case law of the ECtHR.
Dynamic Transfer Pricing Analysis
Authors: Rybnik D.
Published: December 2023

The latest Argentine Tax Court judgments that involve application of the arm’s length principle rely heavily on the comparability concept. This article considers the impact of the Aventis Pharma, Nobleza Piccardo and two Volkswagen cases and proposes a dynamic approach to analyse the evolution of core transfer pricing criteria.
Withholding Taxes under Turkish Corporate Income Tax Law
Authors: Bicer Ramazan
Published: December 2023

This article considers the various criteria, conditions and rates in
respect of the application of withholding tax to the earnings of corporate
income taxpayers in Turkey. It also discusses withholding taxes for
non-resident corporate income taxpayers by considering all relevant tax
legislation, including tax treaties.
Advance Pricing Agreements
Authors: Joseph A.
Published: December 2023

The author describes the current landscape in Australia, and briefly considers the state of affairs in China and India, as regards advance pricing agreements.
The Germany–United Kingdom Income and Capital Tax Treaty (2010) – An Analysis
Authors: Jacob F. , Edge S. , Mittasch M.
Published: December 2023

In this article, the authors consider the significant aspects of the Germany–United Kingdom Income and Capital Tax Treaty (2010), specifically, examining the articles on associated enterprises, dividends and the avoidance of double taxation by the residence state, and the anti-abuse clauses in the dividends, interest, royalties and other income articles.
The Taxpayer’s Right of Defence in Cross-Border Exchange-of-Information
Procedures
Authors: Calderón Carrero J.M. , Quintas Seara A.
Published: December 2023

In this article, the authors discuss the protection of taxpayers’
fundamental rights, in particular the right of defence, in the framework of
mutual assistance procedures in tax matters.
Country-by-Country Reporting: A New Approach towards Book-Tax Conformity
Authors: Stasio A.
Published: December 2023

In this article, the author argues that increased book-tax conformity can be achieved through improved documentation, in particular in the field of transfer pricing, and through country-by-country reporting.
Final Regulations Affirm and Supplement Rules on Mixed Straddles
Authors: Carman P.
Published: December 2023

The author considers the final recently issued regulations governing
the treatment of mixed straddles. Taxpayers that were not cherry-picking gains
and losses with the mixed straddle rules, may well face accounting headaches,
while taxpayers that were using the same rules to match gains and losses within
a taxable year, will need to examine alternative strategies.
The Changing Role of Tax Havens – An Empirical Analysis of the Tax Havens Worldwide
Authors: Zielke R.
Published: December 2023

A decade after the OECD’s harmful tax practice initiative was launched, the role of tax havens has changed considerably. All tax havens have substantially implemented or committed to the internationally agreed tax standard. A new concept of tax havens is, therefore, required and is developed by the author in this article.
New Transfer Pricing Rules as from 1 January 2014
Authors: Jonsson S.T. , Birgisson H.I.
Published: December 2023

The OECD Transfer Pricing Guidelines have been legislatively
implemented in Iceland with effect from 1 January 2014. The authors consider
the related changes, including documentation requirements and the possibility
of obtaining an advance pricing agreement.