Residence

Residence

India, International Tax Law, Permanent Establishments, POEM, Residence, Royalties, United States, VAT

(Temple Tax Chambers; King’s College London)/ /Leave a comment

While earthlings are grappling with taxation in a digitalised world, a new and important frontier has been opening up somewhat less observed. Commercial exploitation of space has become commonplace and plans for activity beyond our planet more ambitious. At the IFA Permanent Scientific Committee  we are always looking ahead to see where cutting-edge tax issues…

Artificial Intelligence (AI), Digitalization, Residence

(Brazilian Institute for Tax Law (IBDT))/ /Leave a comment

This is the second article of a short series that explores the international taxation of income attributable to Autonomous Artificial Intelligence (AAI). The series is based on an article written by the author and published by Kluwer in INTERTAX, Volume 47, Issue 05 (May 2019).[1] Each article features questions posed by academics from around the…

BEPS, Double Taxation, Hybrids, International Tax Law, MLI, OECD, Residence, Tax Treaties, Treaty shopping, United States

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51 addressed a number of fundamental international tax issues. The case concerned a gain from the sale of shares in an Australian incorporated public company listed on the Toronto Stock Exchange by two Cayman Island limited partnerships whose partners included residents of the United…

BEPS, Double Taxation, International Tax Law, MAPs and APAs, OECD, Residence, Tax Treaties

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Mutual agreement procedure (MAP) pursuant to article 25 of the OECD and UN Model treaties imposes obligations on tax administrations. Inadequacies in the performance of these obligations has been the subject of much work by the OECD in the course of the 21st Century. BEPS Action 14 OECD Action 14 – 2015 Final Report, Making…

Digitalization, Employment, Residence, Tax Policy, Tax Treaties

(University of Belgrade, Faculty of Law)/ /Leave a comment

The quest to align the international tax order with the challenges posed by the digital economy has so far mostly focused on solving issues involving incorporated structures. What is somehow escaping the attention of the tax treaty policymakers is the fact that it is not only in the domain of companies that we have lost…

Artificial Intelligence (AI), Digitalization, Residence

(Brazilian Institute for Tax Law (IBDT))/ /Leave a comment

This is the first article of a short series that explores the international taxation of income attributable to Autonomous Artificial Intelligence (AAI). The series is based on an article written by the author and published by Kluwer in INTERTAX, Volume 47, Issue 05 (May 2019).[1] Each article features questions posed by prominent tax professors around…

Alienation of Shares, BEPS, Double Taxation, International Tax Law, M&A and Reorganizations, MLI, OECD, Residence, State Aid, Tax Avoidance, Tax Treaties

(Temple Tax Chambers; King’s College London)/ /2 Comments

The Tax Court of Canada decision in Alta Energy Luxembourg S.A.R.L. v. The Queen, 2018 TCC 152 (CanLII) on August 22, 2018 may provide useful pointers to the meaning and application of the PPT found in Article 7(1) of the MLI and Article 29(9). A Luxembourg resident company claimed exemption from Canadian income tax under…

Permanent Establishments, Residence

(Garrigues)/ /Leave a comment

A recent decision of the Spanish Supreme Court, of February 26, 2018, in the civil law jurisdiction, may have an unexpected effect on the composition of the boards of directors of the Spanish subsidiaries of multinational groups. The practical effects for Spanish based groups with minority shareholders, where the role of directors is critical, could…

BEPS, Double Taxation, MLI, OECD, Residence, Tax Avoidance, Tax Policy, Tax Treaties

(Temple Tax Chambers; King’s College London)/ /3 Comments

Non-inclusion of the Swiss-United Kingdom income tax treaty in the list of Covered Tax Agreements of both the states on signing the BEPS MLI on 7 June 2017 surprised some observers. This evident gap between two OECD member countries was quickly filled by a protocol to the Swiss-United Kingdom treaty concluded on 30 November 2017….

Arbitration, BEPS, Hybrids, OECD, Permanent Establishments, Residence, Tax Avoidance, Tax Treaties, United Nations

(Temple Tax Chambers; King’s College London)/ /1 Comment

Tax treaty negotiators in 100 countries will be tied up over the next few months with the challenge to evaluate their positions on the BEPS Multilateral Convention (BEPS Convention) with a view to participation in the signing ceremony scheduled for 7 June 2017 in Paris. The many options offered by the BEPS Convention make it…

Arbitration, BEPS, Hybrids, MAPs and APAs, OECD, Permanent Establishments, Residence, Tax Avoidance, Tax Policy, Tax Treaties, Transfer Pricing

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Publication of text of The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS Convention) by the OECD on 24 November 2016 is one of the key milestones in the OECD/G20 Project to tackle Base Erosion and Profit Shifting. The BEPS Convention will be open for signature from…

BEPS, CCCTB, EU/EEA, Residence, Tax Planning, Tax Treaties

(Mircea and Partners Law Firm)/ /Leave a comment

The raison d’être of corporate taxation relates to the aim of achieving an impartial treatment of different legal forms in order to safeguard a level playing field for conducting business. In the EU this aim must be contemplated in conjunction with the objective of establishing an internal market free of fiscal barriers. The present post…

BEPS, OECD, Permanent Establishments, Residence, United Nations, Withholding Taxes

(International tax professional)/ /Leave a comment

So what were the other discussions at the UN from 19 to 23 October this year?  One of the main topics is the continuing work on a withholding tax on technical services.  The reason for developing countries is simple: it is a simple, effective way to protect the local tax base and prevent BEPS through…

BEPS, EU/EEA, Residence, Tax Avoidance

(Mircea and Partners Law Firm)/ /1 Comment

The scope of the present article will be narrow. The aim is to point out a misinterpretation of the Cadbury ruling, which might have caused a flawed theory of the compatibility of certain CFC regimes with EU law. I do not use the appellative “flawed” to sound overconfident, but because in my view, good law…