bluuebunny/crossref_metadata_2025 huggingface dataset:
Dispute Resolution in Cross-Border Tax Matters
Authors: Oortwijn H.J.
Published: December 2023

The author, in this note, looks at the history and present trends of cross-border tax dispute resolution as discussed at the 20 November 2015 ICT Leiden Conference. The author provides his personal insights and comments, exploring the current state and future initiatives aimed at making dispute resolution more effective.
From the Avoidance of Double Taxation to the Avoidance of Double Non-Taxation: The Changing Objectives of Tax Treaties
Authors: Kaka P.F.
Published: December 2023

The OECD/G20 Base Erosion and Profit Shifting Project has clarified that relief from double taxation under tax treaties does not extend to double non-taxation. This (new) objective of tax treaties is analysed from the perspective of the preamble and the amendments to the OECD Model (2017) and the related case law.
Tax Litigation in Last Instance in the Netherlands: The Tax Chamber of the Supreme Court
Authors: Wattel P.J.
Published: December 2023

This article describes tax litigation in the Netherlands, especially the organization, functioning and judicial policy of, and access to, the Tax Chamber of the Supreme Court of the Netherlands.
French Tax Audits and the New Tax Warranty Scheme
Authors: Viu T. , Daluzeau X.
Published: December 2023

The provisions of the Government Reform Act for a Trust-Based Society include unprecedented warranties for taxpayers who are subject to tax audits, including a tax warranty scheme. This scheme, which has been in effect since the beginning of 2019, offers taxpayers more legal certainty in respect of tax audits and could lead to a small revolution in the way French tax audits are carried out.
Meaning of “Associated Enterprise” – Interplay between Sections 92A(1) and 92A(2) of the Income Tax Act
Authors: Dugar A.
Published: December 2023

This article discusses the requirement under India’s domestic transfer pricing rules that a transaction must be entered into between associated enterprises. The author examines the components of the definition of “associated enterprise” in the Income Tax Act, and their inter-relationship. The competing contentions of taxpayers and the Income Tax Department are addressed, together with the decisions in three recent cases adjudicated by the Income Tax Appellate Authority.
What Can the Tax Community Learn from Dispute Resolution Procedures in Non-Tax Agreements?
Authors: Owens J.P. , Turcan L. , Kollmann J. , Majdanska A. , Sabnis S.
Published: December 2023

In this article, the authors examine, from a tax perspective, various types of dispute resolution that are available under a number of non-tax instruments and bodies.
Taxing Digital Businesses in Indonesia
Authors: Kristanto H.
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 Indonesia has been published together with five other countries (Australia, China, India, Korea (Rep.) and Malaysia) and with a lead article.
Addressing the Tax Challenges of the Digitalization of the Economy – A Possible Answer in the Proper Application of the Transfer Pricing Rules?
Authors: Petruzzi R. , Buriak S.
Published: December 2023

In this article, the authors advance a possible solution to the challenges posed to international taxation by the digitalization of the worldwide economy. They argue that the proper application of the transfer pricing rules solves a problem of profits attribution to all the jurisdictions where digitalized companies generate their value.
Update on BEPS and FATCA
Authors: Sawyer A.J.
Published: December 2023

New Zealand is actively involved in reviewing its domestic legislation in light of the various BEPS Actions, and has concluded an intergovernmental agreement under FATCA. This article analyses New Zealand’s approach to BEPS and FATCA, observing that it is a dependable team player, but certainly not a leader in terms of giving effect to these developments. The New Zealand government believes that with regard to BEPS it is already “largely compliant”, and has a clear plan in place to review its position with regard to the BEPS Actions over the coming months. With a concluded intergovernmental agreement in place, the Inland Revenue Department is collecting information from financial institutions in preparation for transferring data to the IRS later in 2015.
Outcome Testing: Why Year-End Adjustments Cannot Be the First Choice to Bring Intercompany Margins to an Arm’s Length Level
Authors: Schoeneborn F.
Published: December 2023

This article provides insights on year-end adjustments from a practitioner perspective and illustrates why such adjustments cannot be the preferred solution for multinational enterprises.
Flurry of Financial-Related Developments in Tax and Accounting
Authors: Hammer V.
Published: December 2023

The beginning of 2011 saw a multitude of financial-related tax developments in the United States. Among the items considered by the author are court decisions, revenue procedures, regulations under the Internal Revenue Code and actions of the Financial Accounting Standards Board.
Recent ECJ Judgment Regarding Portuguese Exit Tax Provisions
Authors: Santiago B. , Queiroz Martins A.
Published: December 2023

The European Court of Justice has ruled that Portuguese exit tax provisions infringe the freedom of establishment. This article presents details surrounding the case and considers its ramifications.
Inquisitorial Maxim and Jura Novit Curia Are Taxpayers’ Rights – For Sure?!
Authors: Beusch M. , Gani R.
Published: December 2023

This article examines some of the problems that taxpayers may experience when they take disputes before the tax courts in Switzerland.
From Worldwide to Territorial Taxation: Is Italy Now an Attractive Destination for Migrating Individuals?
Authors: Beretta G.
Published: December 2023

This article examines the Italian tax regimes offering favourable treatment to certain resident individuals. The recent introduction of these preferential regimes in a historical stronghold of worldwide taxation is a departure from the concept of unlimited tax liability, which results from other European states restricting their jurisdiction to tax.
The “Authorized OECD Approach” and EU Tax Law
Authors: Kofler G. , Thiel S. van
Published: December 2023

This article examines certain European law issues that arise from the Authorized OECD Approach (AOA) and the new Art. 7 of the 2010 OECD Model, including the applicability of the EU direct tax directives (AOA requirement that assets be effectively connected with the PE), the EU compatibility of exit taxation (on outbound asset transfers by the PE) and possible withholding taxes (on outbound "notional payments" by the PE), as well as possible use of the Arbitration Convention to resolve any disputes under the AOA.
This contribution is based on a presentation on the topic made at the 2011 CFE Forum held in Brussels on 7 April 2011.
APA Developments
Authors: Pate B. , Drobež Tomšič M.
Published: December 2023

Advance pricing agreements will be possible in Slovenia from 1 January 2017. Although detailed rules have not yet been issued, the authors review the procedure for obtaining an APA based on currently available guidance.
Wording of Tax Decisions – The Netherlands
Authors: Feteris M.W.C.
Published: December 2023

In this note, the author outlines various aspects of the drafting of tax decisions in the Netherlands. After providing a brief overview of the function and structure of a court decision, the author discusses how detailed a decision should be in terms of describing the judicial proceedings, the facts, the legal reasons and the outcome. He then comments on the style used in writing decisions, i.e. detached versus personal, plain language, as well as presentation techniques.
What Do Hungary and the Developing World Have in Common?
Authors: Pushkareva N.
Published: December 2023

Hungary’s 2022 veto (since withdrawn) of the European Union’s proposal to adopt the global minimum tax under Pillar 2 shone a spotlight on the principle of unanimity that guides tax policymaking within the 27-member union. Natalia Pushkareva examines how the system that empowered Hungary’s veto fits within the “winner’s curse”, a theory that explains auction behaviour, and a corollary, the “unilateralist’s curse”. She explains why in an organization like the European Union, requiring unanimity may result in some actors overvaluing the benefits of a proposed policy.
Danish Decision on the Agency PE Clause of the OECD Model (2017)
Authors: Laursen A.N.
Published: December 2023

May 2022, the Danish Tax Council issued a decision on Danish domestic rules reflecting the agency PE clause under article 5(5) of the OECD Model (2017). This article examines the facts of the case and the reasoning of the Tax Council.
The Adverse Effects of Corporate Inversions in the United States
Authors: Yang J.G.S.
Published: December 2023

This article discusses “corporate inversions”, which are a tax strategy that takes advantage of a lower tax rate in another foreign country. In this context, the article notes that corporate inversions have significant adverse effects in the United States that result from deficiencies in the US tax system.
Implementation of Country-By-Country Reporting to Tackle BEPS: Assessment of the Potential Benefits
Authors: Wahyuni A.T. , Anggoro A.W. , Sirait D.
Published: December 2023

To deal with base erosion and profit shifting, there should be a robust implementation of the BEPS Action Plans. This article highlights the potential benefits when developing countries adopt Country-by-Country Reporting. The authors argue that despite the problems associated with implementing CbCR, it could be an effective tool to increase tax revenue in Indonesia.
Taxation of Foreign Multinational Enterprises Conducting Business in and with Saudi Arabia
Authors: Gidirim
Published: December 2023

In this article, the author considers the tax implications of Saudi Arabian domestic law (outbound payments, permanent establishment issues) and the tax treaties that Saudi Arabia has concluded for multinational enterprises doing business in and with Saudi Arabia. The article also provides insights into the practices of local tax authorities.
Split-Payment Mechanism for Public Bodies
Authors: La Grutta S.
Published: December 2023

With the purpose of reducing the VAT gap, Italy introduced the split-payment mechanism as a VAT accounting method for supplies of goods and services made to public bodies. The author explains that this mechanism creates a constant excess input VAT position for suppliers of goods and services to public bodies, which is particularly worrying for these suppliers. Forming an important part of the economy of Italy, such suppliers have particular concerns regarding the repayment of any input VAT from the authorities, particularly during an economic crisis.
French Tax Aspects of Cross-Border Restructurings
Authors: Bourtourault P.-Y. , Bénard M.
Published: December 2023

International restructurings have increased exponentially in the current globalized business world. Consequently, the authors consider various key aspects of such restructurings with regard to France, including OECD guidance on the issue, the recharacterization of transactions, challenges to pre- and post-restructuring transactions, and relevant financing matters.
Centralized Intellectual Property Business Models – Tax Implications of EU Patent Box Regimes
Authors: Zammit Ivan
Published: December 2023

This article provides a broad overview of the developments at the global and EU level regarding the tax effects of the adoption of centralized intellectual property business models. In this respect, the author specifically addresses patent box regimes and measures to counter aggressive tax planning and harmful tax competition.
Conducting Corporate Reorganization: A New Tax Landscape – Part 1
Authors: Yang H.
Published: December 2023

The Chinese tax authorities and Ministry of Finance recently issued a notice regarding the enterprise income tax treatment of reorganizations. To explore the impact of Notice 59 and to discuss the implementation of this notice into practice and voice concerns to be considered in further legislation, IBFD and the China International Tax Research Institution of the tax authorities organized a dialogue meeting between dozens of large multinational enterprises and the officials of the tax authorities and the Ministry of Finance who were substantially involved in drafting the notice. Some key issues discussed in this dialogue meeting are considered in this article. Part 2 will be issued separately after the second-round dialogue meeting later in 2009.
Transfer Pricing Documentation: Evolution into Country-by-Country Reporting
Authors: Lowell C.H. , Herrington M.
Published: December 2023

The OECD BEPS Project has given rise to the development of standardized transfer pricing documentation requirements for OECD member and other countries. The authors address the requirements of the country-by-country reporting package and suggest a process for MNEs to undertake to develop compliance and planning procedures, including a checklist that the authors have found to be effective in working with clients.
Redistribution between Rich and Poor Countries
Authors: Stewart M.
Published: December 2023

In this article, the author considers the issue of the redistribution of wealth from richer to poorer countries and the role that taxation could play in such a scenario.
Taxation of Indirect Share Transfers – An Analysis from a Corporate Conflict Perspective
Authors: Nie J. , Wang Z. (Zihao)
Published: December 2023

In this article, the authors contrast the economic substance approach adopted by China’s State Administration of Taxation to taxing offshore indirect share transfers of Chinese-resident companies with the veil-piercing doctrine applied in liquidations under Chinese corporate law. The authors conclude that the veil-piercing principles underlying the taxation of indirect share transfers are not consistent with the principles under company law; rather, a new order has been created by the tax regulations. The article also addresses the choice-of-law question when tax payable arising from offshore indirect share transfers is transformed into a civil liability.
Enterprise Services
Authors: Sprague G.D.
Published: December 2023

This article is the second of a series of articles that will feature the sessions to be presented at the 66th Congress of the International Fiscal Association (IFA), to be held in Boston September 30 through October 4. Readers who wish to register may do so at www.ifaboston2012.com or at the IFA USA Branch website www.ifausa.org (click on the IFA 2012 Boston icon).
Convergence of Indian Accounting Standards with IFRS – Tax Implications
Authors: Baijal V. , Bookwala Z.
Published: December 2023

As India converges its domestic accounting standards with the International Financial Reporting Standards, a number of tax issues arising from this convergence will arise. This article looks at these tax issues and the steps taken to mitigate them.
Practical Information on European VAT
Authors: Annacondia F.
Published: December 2023

As is traditional in the first issue of each year, this overview presents the key features of the VAT systems of most European countries (both EU and non-EU), including standard and reduced VAT rates, various thresholds, the format of the VAT identification numbers and contact details of the offices of the national tax administration which process VAT refund applications or provide information to non-resident businesses on national VAT rules. The overview is compiled by the editor on the basis of information provided by the members of the European Knowledge Group of IBFD and the International VAT Monitor’s correspondents at the beginning of 2021.
Considering Market Features in Latin America as Part of a Transfer
Pricing Analysis
Authors: Katz H. , Gonzalez M.J. , Martinez A.
Published: December 2023

With a focus on comparing circumstances in OECD and Latin American
countries, the authors consider the OECD Revised Discussion Draft on Transfer
Pricing of Intangibles and “other market features” as part of a transfer
pricing analysis.
Transfer Pricing Aspects of Transactions with Marketing Intangibles in a Post-BEPS World
Authors: Fedi A.
Published: December 2023

This article analyses the different types of marketing intangibles and their features and examines the intra-company transactions and contractual arrangements in which they can be involved. The article further describes the difficulties in identifying marketing intangibles, attributing their ownership and correctly pricing them. The author analyses past and present guidance and describes some real cases judged both in a pre-BEPS world and in a post-BEPS world in order to show the evolution of various tax authorities’ decisions in relation to marketing intangibles transactions.
Burden of Proof and Transfer Pricing Documentation: When One Approach Does Not Fit All – A Comparative Analysis of the Rules in Germany, Italy, the Netherlands and the United States
Authors: Ökten R. , Koeveringe G. van
Published: December 2023

In this article, the authors address a number of questions relating to the transfer pricing documentation requirements and the burden of proof in Germany, Italy, the Netherlands and the United States.
OECD: Transfer Pricing Safe Harbours
Authors: Silberztein C.
Published: December 2023

The author considers the discussion draft on safe harbours issued by
Working Party No. 6 of the OECD Committee on Fiscal Affairs, the main public
comments on it, and the potential impact thereof for taxpayers and tax
administrations.
The Swiss Tax Ruling Procedure: Interplay with Exchange of Information Requests
Authors: Obrist T. , Hongler P.
Published: December 2023

Over the course of two articles, the authors examine the Swiss ruling procedure. The first article, published in the September issue of European Taxation, examined the conceptual background of the procedure from a domestic law perspective. This second article analyses whether or not a ruling, or information provided in the course of a ruling, confirmed by a Swiss tax administration, can be the object of an exchange of information request.
Treaty Characterization of Software Income: The Indian Supreme Court’s Landmark Decision of 2 March 2021
Authors: Mehta A. (Amar)
Published: December 2023

This article considers the recent decision of the Indian Supreme Court (ISC) of 2 March 2021 regarding the characterization of income derived from software under tax treaties (as well as domestic law), together with the implications of the ISC’s judgment.
Treaty Abuse in the Post-BEPS World: Analysis of the Policy Shift and Impact of the Principal Purpose Test for MNE Groups
Authors: Danon R.J.
Published: December 2023

In this article, the author discusses treaty abuse in the Post-BEPS world and focuses on the practical impact of the Principal Purpose Test (PPT rule) for MNE groups. The article analyses in particular the meaning of substance under the PPT rule and the consequences of denial of treaty benefits.
Digital Platform Reporting (DAC7): Fundamental Considerations Regarding the Notion of “Relevant Activity” – A Belgian Case Study
Authors: Desmyttere F.
Published: December 2023

The digital platform economy has been subject to various legislative interventions. In the context of taxation, the European Union has introduced obligations for digital platforms by Amending Directive to the 2011 Directive on Administrative Cooperation (2021/514) (DAC7). Despite the guidance of the Belgian legislator, certain notions remain unclear. This article focuses on the challenges related to the Belgian interpretation of the notion of “relevant activity”. It demonstrates that the broad definition of this notion gives rise to Belgian interpretations that could cause friction with the intention of the European legislator and with the fundamental rights and freedoms of the reporting platforms.
Brexit to Frankfurt – Risk Transfers as a “Dealing” under the Authorized OECD Approach
Authors: Andresen U.
Published: December 2023

This article explores the German rules for the profit allocation for permanent establishments in the context of the increase in risk transfer transactions of banking enterprises in preparation for the Brexit. It shows that risk transfers were explicitly permitted under the OECD profit allocation publications from 2010. In light of the fact that the national legislation in Germany makes explicit reference to the desire of the legislators to implement this supranational guidance into German law, the detailed analysis in this article shows that German profit allocation rules permit risk transfers between permanent establishments as a dealing.
No Cross-Border Loss Relief for Losses from Passive Investment by Private Individuals in the Event of a Disparity
Authors: Meussen G.
Published: December 2023

In this note the author examines the ECJ's decision in K (Case C-322/11) from the general perspective of cross-border loss relief, and sheds some light on the future with regard to this issue. What is particularly interesting is the fact that this case does not deal with foreign business losses but with losses from passive foreign investment of a private individual. The case challenges the boundaries of the Marks & Spencer doctrine.
Tax Treaty Case Law News
Authors: Arnold B.J.
Published: December 2023

In this Tax Treaty Case Law News, Brian Arnold comments on recent cases involving dual residence and the tiebreaker rule, the liquidation of a company, exit tax and tax treaties, totalization treaties, and the application of the Nordic Convention to income from an investment fund.
Enhancing Canada's international tax advantage : final report of the
Advisory Panel on Canada's system of international taxation
Authors: Conway W.G. , Mustard B. , Pantaleo N.
Published: December 2023

The final report of the Advisory Panel on Canada's System of
International Taxation, which was released in December 2008, lists 17 main
recommendations, together with ancillary recommendations and suggestions, for
improving Canada's international tax system. The Panel made specific
recommendations regarding the taxation of outbound and inbound direct
investment; non-resident withholding taxes; and administration, compliance and
the legislative process. The Panel also discussed topics to which the Canadian
government should give further consideration. This article examines the Panel's
final report and its recommendations.
The Tie-Breaker Rule in Inheritance Tax Treaties: The Asymmetry of Taxing Rights by Migrants
Authors: Takahashi M.
Published: December 2023

There are more than 3,000 income tax treaties in the world, but fewer than 100 inheritance tax treaties. Why is the number of inheritance tax treaties so low compared to income tax treaties? This article attempts to answer this question by analysing the tie-breaker rule of inheritance tax treaties.
Taxing the Digital Economy – The OECD Secretariat’s New Transfer Pricing A-B-C and Alternative Courses of Action
Authors: Förster H. , Greil S. , Hilse A.
Published: December 2023

This article, although already drafted after the publication of the OECD Secretariat’s “Proposal for a Unified Approach” in October last year, considers the request of many commentators at the November public consultation for a clear description of objectives and an assessment of how the proposed Unified Approach would meet these objectives. Most recent developments, like the public consultation in November last year, the letter exchange between the US Secretary of Treasury and the Secretary General of the OECD, and the resolution of the European Parliament seem to reflect some of the same doubts raised by the authors in this article. Based on the finding that the Unified Approach as combining two different systems hardly would meet the objectives and may – at the best – only be an interim step, the authors suggest a clear and courageous step by following either an amount A type of approach or a B/C type approach.
Draft Law To Amend Transfer Pricing Rules
Authors: Stroykova S.
Published: December 2023

A draft law has been proposed by the Ministry of Finance that would amend transfer pricing rules, including with regard to the definition of related parties, the threshold for recognizing domestic transactions as controlled transactions, and the concepts of materiality and the median.
Fiscal and Tax Administrative Public Interest Litigation in China
Authors: Chen J. (Jingxian) , Sun Y.
Published: December 2023

This article introduces the definition and characteristics of fiscal and tax administrative public interest litigation, and analyses several typical cases in China.
The European Court of Justice – Recently Decided and Pending Cases
Authors: Annacondia F. , Corput W. van der
Published: December 2023

In this overview, the editors provide 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 2012, 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.
Opinion Statement ECJ-TF 1/2014 of the CFE on the Decision of the
European Court of Justice in Åkerberg Fransson (Case
C-617/10) Concerning Ne Bis in Idem in Tax Law
Authors: ECJ Task Force of the CFE
Published: December 2023

This Opinion Statement prepared by the CFE ECJ Task Force
The Members of the Task Force are: Paul Farmer, Alfredo Garcia Prats, Daniel Gutmann, Volker Heydt, Eric Kemmeren, Georg Kofler (Chair), Michael Lang, Franck Le Mentec, Pasquale Pistone, Albert Rädler †, Stella Raventos-Calvo, Isabelle Richelle, Friedrich Roedler and Kelly Stricklin-Coutinho. Although the Opinion Statement has been drafted by the ECJ Task Force, its content does not necessarily reflect the position of all members of the group. In drafting this statement, the group was supported by Werner Haslehner and Alexander Rust.
comments on Åkerberg Fransson (Case
C-617/10).
SE: ECJ, 26 Feb. 2013, Case C-617/10, Åklagaren v. Hans Åkerberg Fransson, ECJ Case Law IBFD.
Intercompany Licensing of Intangibles – A Comparative Global Outlook
Authors: Colling Russo C. , Karnath S.
Published: December 2023

This article presents the results of a survey among 38 countries on the tax and transfer pricing aspects of intercompany licensing transactions. It shows the practical experience of the surveyed countries with implementing the national and international rules on intangibles and the discrepancy between theoretical concepts and their practical application.
Report on the Symposium, “Tax Digitization, Help or Obstacle to Legal Protection?”
Authors: Offermanns R.H.M.J.
Published: December 2023

In this note, the author reports on a symposium held on 13 February 2020 at the Hotel Arena in Amsterdam the topic of which was “Tax Digitization, Help or Obstacle to Legal Protection?”
Council
Authors: Valério C.
Published: December 2023

This overview highlights the Council’s (i) addition of Anguilla, Bahamas and Turks and Caicos to the list of non-cooperative jurisdictions; (ii) agreement on solidarity contribution on surplus profits of fossil fuel sector; and (iii) discussion of a possible transition to qualified majority voting.
The Swiss Tax Case on Short Sales cum Dividend
Authors: Reinarz P.
Published: December 2023

This article discusses the recent Swiss court case on cum-ex short sales and the tax treatment of secondary withholding tax payments.
Simple Solutions for Complex Transfer Pricing Cases: A Possible Comeback of Rules of Thumb?
Authors: Riedl A. , Protas O.
Published: December 2023

Multinational enterprises with a digital business model represent an increasingly important business type with challenging value chains. The recent OECD attempts are aiming to methodologically tackle the transfer pricing issues arising from these value chains – but did not come up with satisfying results, yet. This article discusses these developments and compares complex transfer pricing approaches to rules of thumb, finding that simplistic solutions can offer promising and efficient improvements also for complex (digital) scenarios.
Landmark MAP and APA Case Concluded by Competent Authorities in 2012
Authors: Tien J. , Chung I-K
Published: December 2023

On 31 July 2012, China’s State Administration of Taxation (SAT) reached agreement in principle with the competent authority of a treaty country on a landmark case involving transfer pricing matters. This article summarizes China’s transfer pricing regulations relevant to the case, and provides a brief history and background of the case and the authors’ view on the case and on China’s outlook on anti-avoidance matters.
Transfer Pricing Practice in Times of Recession
Authors: Schatan R.
Published: December 2023

The worldwide financial crisis and recession have had, and will have, a profound impact on the tax revenue of all countries. This article discusses how tax authorities and taxpayers may look at the division of profits and losses over countries as the outcome of the transfer pricing mechanisms.
Supreme Administrative Court Ruling on Interest Rate Reflecting Creditworthiness of Individual Companies
Authors: Raunio M.
Published: December 2023

On 3 November 2010, the Finnish Supreme Administrative Court published a ruling concerning the arm's length interest rate on intra-group loans. This article explains the facts of the case, and considers the ruling and argumentation of each party. The ruling is analysed in light of the OECD Guidelines and some recent transfer pricing rulings of courts from other jurisdictions.
Investing in Crypto-Assets: Council Adoption of DAC8
Authors: Gorissen A.M.L. , Uslu Y.
Published: December 2023

This article provides an update on the adoption of an amendment to the Directive on Administrative Cooperation (2011/16) (DAC) on 17 October 2023, thereby bringing crypto-assets in scope of automatic exchange of information for tax purposes (DAC8). There is a high degree of interdependency between DAC8, the Markets in Crypto-Assets Regulation (MiCA) and OECD Crypto-Asset Reporting Framework (CARF). The authors provide an overview of DAC8 and highlight certain scoping observations based on the cross-referencing between DAC8, MiCA and CARF as well as on the proposed amendments from the European Parliament’s resolution dated 13 September 2023.
The design and structure of general anti-tax avoidance regimes
Authors: Cooper G.S.
Published: December 2023

In 2007, Prof. Graeme Cooper of Sydney Law School in Australia was
appointed to the PricewaterhouseCoopers Chair of International and European Tax
Law at the European Tax College, a joint venture of Katholieke Universiteit
Leuven in Belgium and Tilburg University in the Netherlands. This article is
the Inaugural Address given by Prof. Cooper on 23 September 2008, as revised
for publication. It explores the problem of defective anti-avoidance rules and
the possibility to devise a better form of rule than those currently on
display.
Council
Authors: Morales T.
Published: December 2023

This overview highlights the Council’s amendment of the EU list of non-cooperative tax jurisdictions.
Unprecedented Times Call for Unprecedented Measures: VAT to the Rescue of the European Economy
Authors: Echevarria Zubeldia G.
Published: December 2023

In this column, the author considers some specific measures that EU Member States can implement to help companies to carry on conducting their business during the actual crisis.
Qualification of Taxable Entities and Treaty Protection
Authors: Danon R.
Published: December 2023

Subject 2 of the IFA Mumbai Congress, which will be dedicated to the
qualification of taxable entities and treaty protection, is an excellent
opportunity to review the practical application of the recommendations of the
OECD Partnership Report (1999) as well as current tax treaty policy
trends.
Assessment of First Year of Transfer Pricing Programme
Authors: Waal J.
Published: December 2023

In 2012 the Finnish Tax Administration put the Transfer Pricing
Programme in operation. All transfer pricing related tasks of the FTA have been
centralized in this Programme. The author describes the set-up and purposes of
the Programme and discusses the results of its first year of
functioning.
Xilinx: The Unfinished Business
Authors: Joseph A.
Published: December 2023

The roller coaster ride of the case of Xilinx Inc. v. Commissioner of Internal Revenue continues to cause consternation in tax circles, despite the decision by the Court of Appeals and the release of new temporary regulations in 2009. Following the Court of Appeals’ decision withdrawing its own earlier decision, this article looks at the implications of the decision and considers the Australian position on cost-sharing agreements.
Corresponding Adjustment and Its Interaction with the Mutual Agreement Procedure under Article 25 of the OECD Model
Authors: Das P.
Published: December 2023

Primary transfer pricing adjustments under article 9(1) of the OECD Model in the case of associated enterprises trigger economic double taxation as the same income has already been subject to taxation in the hands of the associated enterprises in other contracting states. The author examines the existing relief mechanism of economic double taxation under article 9(2) of the OECD Model and its interaction with article 25 thereof to find out its effectiveness and suggests possible measures to remedy the shortcomings.
Exit Taxes on Various Types of Corporate Reorganizations in Light of EU Law
Authors: Világi R.
Published: December 2023

This article studies the impact of exit taxation on cross-border corporate reorganizations, imposed by states to safeguard their tax base, in light of recent EU case law. The focus is on the balance between the Internal Market project and the legitimate interests of Member States in regard to taxation of latent capital gains and reserves that accrued while a certain territorial link was maintained with one or more Member States for some period in time.
The Limitation on Benefits Article in the OECD Model: Closing Abusive
(Undesired) Conduit Gateways
Authors: Wardzynski A.
Published: December 2023

The author, in this article, considers Action 6 of the OECD Base
Erosion and Profit Shifting initiative regarding the inclusion of a limitation
on benefits article in the OECD Model and the implications of such a
development, especially in relation to tax planning and the use of conduit
structures.
Comparative Tax Policy Approaches in Australia and New Zealand: Instructional Guidance for Hong Kong?
Authors: Sawyer A.J.
Published: December 2023

This article offers insights from Australia and New Zealand that could potentially inform the debate in the Hong Kong Special Administrative Region (HKSAR) with regard to tax reform, especially in respect of the HKSAR’s long-term revenue planning and recent proposals for more enhanced tax policy development.
Conceptual Aspects of Beneficial Ownership in the Context of Property Law
Authors: Jain S. , Prebble J.
Published: December 2023

This article argues that the dominion test cannot logically be transposed to conduit company cases from cases involving interposed entities, which act as agents or nominees. Agents and nominees do not possess dominion over income. They are obliged under property law to pass on income to third parties, namely their principals or mandators, whereas a conduit company has property rights over income by definition. That is, it possesses dominion over its income simply by virtue of being a corporation. It follows that, if dominion is used as a test for determining whether an interposed company is eligible for treaty benefits, it will always qualify regardless of whether it acts as a conduit.
Ireland’s Recent Finance Act
Authors: Maguire T.
Published: December 2023

In this note, the author outlines the details of the Finance Act 2018, which contains provisions on an amended exit tax, controlled foreign corporations, the start-up relief regime, amortization of intellectual property, transfer pricing and relief for investment in corporate trades.
Companies Act 2013 – An Overview
Authors: Zobalia H. , Devani J.
Published: December 2023

A new landmark Companies Act was introduced in 2013, which saw a
number of important changes to the corporate law regime in India. The authors
provide an overview of the changes arising from this new legislation.
Cross-Border Remote Working: Singapore and Malaysia Tax Implications
Authors: Yong I. , Thurai Rathnam J. , Ong K.L. , Lau Jing Ya J.
Published: December 2023

In the context of cross-border remote working, the tax implications of remote work arrangements have grown to be an area of great interest and yet still present several difficulties and confusion. This is particularly so when two neighbouring countries have a long history of high-volume frontier workers who cross borders daily. Such is the situation of Singapore and Malaysia, which this article takes a look at.
Permanent Establishment and the Digital Economy
Authors: Sapirie M.
Published: December 2023

In this article, the author discusses the challenges of fixing the problems with permanent establishment or finding a new concept that works satisfactorily in the digital age.
Enhancing Investment – A Competitive Neutrality?
Authors: Pereira N.
Published: December 2023

In this article, the author analyses the effect of recent international tax legislation and case law developments on Australia’s competitiveness in attracting international investment. Topics discussed include Australia’s controlled foreign corporation regime, capital gains tax exemption for non-residents, conduit foreign income, foreign losses, tax credits and anti-avoidance cases.
Rules Restricting the Scope of Utilization of Interest Expenses for Tax Purposes
Authors: Booker T.
Published: December 2023

Interest expenses are, as a general rule, deductible. However, sections 11, 11B and 11C of the Danish Corporation Tax Act introduce rules restricting the scope of interest expense deduction, etc. in certain instances. This article provides a general outline of the rules, focusing on a number of practical issues commonly encountered.
VAT Aspects of Business Reorganizations
Authors: Sánchez Gallardo F.J. , Echevarría Zubeldia G.
Published: December 2023

Through dealings with shares or by means of transferring a totality of assets, many companies restructure their business without acknowledging the VAT implications that such reorganizations entail. In this article, the authors dissect the not always clear ECJ case law on these topics with the aim of clarifying which structures work and which ones are risky to use.
Equity-based compensation : Hong Kong
Authors: Chan P.
Published: December 2023

Part of a comparative survey based on selected papers presented at the
Baker & McKenzie 24th Annual Asia-Pacific Tax Conference held in Kuala
Lumpur, Malaysia on 13 and 14 November 2008. The article considers
deductibility of the related expense, tax treatment of an adjustment of the
related expense before vesting, and tax treatment of cash-settled equity based
compensation.
Klaus Vogel Lecture 2022: Who Should Be in the Driver’s Seat in Developing International Tax Norms – Civil Servants or National Parliaments?
Authors: Wiman B.
Published: December 2023

In his Klaus Vogel Lecture for 2022, Professor Bertil Wiman examines the question of “Who Should Be in the Driver’s Seat in Developing International Tax Norms – Civil Servants or National Parliaments?”, in so doing providing his answer to this important issue.
Interpretation and Application of Article 5 (Permanent Establishment) of
the OECD Model Tax Convention: Response from IBFD Research Staff
Authors: Goede J. de , Kaur D. , Kosters L.F. , Perdelwitz A.
Published: December 2023

IBFD research staff provide comment on the 2011 OECD discussion draft
on the interpretation and application of article 5 (permanent establishments,
PEs) of the OECD Model (2010). Following general observations on the concept of
PE and the relationship between article 5 and its Commentary, comment is
provided on 11 of the issues in the discussion draft.
Final Settlement Taxes for Companies: Transfer of Seats, Interest
Charges, Guarantees and Step-Ups in Value
Authors: van den Hurk H. , van den Broek H. , Korving J.
Published: December 2023

The authors examine whether or not the decision of the Court of
Justice of the European Union (ECJ) in National Grid
Indus is in line with the EU treaty freedoms and the decisions in
de Lasteyrie du Saillant and “N”,
focussing on the specific issues that arise from these ECJ cases.
European Commission Publishes Inception Impact Assessment on a New EU System for the Avoidance of Double Taxation and Prevention of Tax Abuse in the Field of Withholding Taxes
Authors: Radcliffe P. , Devisscher R.
Published: December 2023

In this note, the authors discuss the aim of the impact assessment and provide context to the initiative both in terms of previous work performed and the current state of play within the European Union.
Agency Permanent Establishments: in the name of and the Relationship between Article 5(5) and (6) – Part 1
Authors: Pijl H.
Published: December 2023

In this first part of a two-part article, the author sets out his interpretation of the term “in the name of”/“binding” and the relationship between article 5(5) and (6) of the OECD Model. The second part will be published in the February 2013 Issue of the Bulletin for International Taxation.
Global Transfer Pricing Conference 2019: Transfer Pricing Developments around the World
Authors: Cardoso G. Capristano
Published: December 2023

This article highlights key points discussed during the fourth Global Transfer Pricing Conference, “Transfer Pricing Developments around the World 2019”, organized by the Transfer Pricing Center at WU Vienna University of Economics and Business, Institute for Austrian and International Tax Law, and summarizes the topics analysed during the eight sessions of the event.
Calculation of the (Pre-) Pro Rata under EU VAT Law
Authors: Gabriël M. , Kesteren H. van
Published: December 2023

Where taxable persons use inputs for taxed and exempt purposes, they have to attribute the costs of the inputs to both categories of transactions, commonly on the basis of a “pro rata” calculation. In this article, the authors analyse the ECJ’s decision in Securenta, in which the ECJ seems to have presented a new scenario, i.e. the method for determining the rate of deduction in respect of inputs used by taxable persons for the purposes of carrying out both economic and non-economic activities, which the authors label as “pre-pro rata”. Several comments to the authors’ conference paper are contained in Paul Lasok, "The Right To Deduct for Partially Exempt Bodies".
Adapting Taxation for the Digital Economy in Singapore
Authors: Ooi V.
Published: December 2023

The advent of the digital economy has had profound implications for taxation. Jurisdictions have been forced to adapt their tax systems as they become increasingly unsuited to the realities of modern commerce. While Singapore has largely followed international developments, particularly in the area of international taxation, it has often made innovative policy decisions in line with its national interests. The various policy decisions that Singapore has made on taxing the digital economy span both international and domestic taxation. In the area of domestic tax, the policies have been further divided by subject matter, such as e-commerce, digital tokens, automation, and electronic instruments. Other jurisdictions will face similar choices when considering how to adapt their domestic tax systems for the digital economy, and the tax policy decisions made by a small, highly open economy such as Singapore may provide insights for such jurisdictions.
Court of Justice
Authors: Morales T.
Published: December 2023

This overview highlights the ECJ’s decision on the compatibility of retail sales tax based on turnover and progressive rates with State aid rules.
The Engie Case: Fiscal State Aid and Mismatches in One Member State
Authors: Nuku E. , Vermeulen H.
Published: December 2023

This article analyses the European Commission’s approach to State aid arising from an inconsistent application of national law that derogates from what should have been its correct interpretation, taking the Engie opening decision as the basis of the present analysis.
Why the Arm’s Length Principle Should Be Maintained
Authors: Schreiber U. , Simons D. (Dirk) , Greil S. , Lagarden M.
Published: December 2023

The OECD’s so-called “Pillar One Proposal” partly overrules the arm’s length principle. The authors argue that this is a step in the wrong direction. Instead, the arm’s length principle should be further developed by reducing complexity and ensuring legal certainty.
Transfer Pricing Economics for the Digital Economy
Authors: Pellefigue J.
Published: December 2023

The author examines, from an economic perspective, the problem of the allocation of taxable base between states with a power to tax in the context of the digital economy.
Estimating the Market Value of Transferred Intangibles Using the Discounted Cash Flow Model
Authors: McClure J.H.
Published: December 2023

Discounted cash flow models of the fair market value of transferred intangible assets must rely on the estimated cash flows from the intangible asset over its economic useful life. Even if a reliable forecast of future sales and expenses from an enterprise were available, the representatives of the multinational must defend its assumptions with respect to the share of profits attributable to the transferred intangible, the economic useful life for the transferred intangible assets, and the appropriate discount rate. The IRS has challenged certain applications of this approach on the grounds that the representatives of the multinational have understated the share of profits attributable to the transferred intangible and the economic useful life while overstating the appropriate discount rate.
Impact of Investment Manager Regime on Foreign Funds
Authors: Joseph A.
Published: December 2023

The author considers the recently passed Investment Manager Regime, which concerns the taxation of certain foreign funds with investment income or losses which are treated as being attributable to a permanent establishment in Australia solely because of the foreign fund’s use of the services of Australian-based agents, managers or service providers.
An Overview of the Tax Treaty Network
Authors: Poon L. , Lo S.
Published: December 2023

Since adopting the OECD’s exchange of information standard, Hong Kong’s comprehensive tax treaty network has expanded tremendously. This article provides an overview of the tax treaties entered into by Hong Kong.
Avoidance and Tax Treaties: Current UK Experience
Authors: Schwarz J.
Published: December 2023

The author, in this article, considers tax avoidance in the context of
tax treaties by reference to the United Kingdom's current experience, with
particular regard to three recent tax cases concerning the treaty allocation of
taxing jurisdiction and the elimination of double taxation as well as
retroactive treaty override, UK treaty policy, and legislative
developments.
Ruling on the Taxation of Derivative Transactions for Foreign Institutional Investors
Authors: Susarla K.
Published: December 2023

The Indian Advance Ruling Authority has ruled that income arising to a foreign institutional investor from a derivative transaction is “business income” and is not taxable in India in the absence of a permanent establishment.