Abuse of law, Anti-tax avoidance, Beneficial ownership, Canada, Direct taxation, Dividends, Double non-taxation, Double Taxation, DTA, Finance, Financial transactions, Holding company, International Tax Law, OECD, Tax Treaties, Treaty shopping, Withholding Taxes

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

Although the meaning of beneficial ownership in tax treaties first burst onto the scene in Indofood International Finance Ltd v JP Morgan Chase Bank N.A. London Branch [2006] EWCA Civ 158  and, for the first time in Canada in Prévost Car Inc. v R 2008 TCC 231, (affirmed 2009 FCA 57), its meaning and application…

GloBE, GloBE Rules, Oil and Gas, Pillar II

(Senior petroleum legal analyst, S&P Global)/ /Leave a comment

Introduction In Fall 2021, almost 140 members of the Organisation for Economic Cooperation and Development (OECD) / Group of Twenty (G20) Inclusive Framework (IF) on Base Erosion and Profit Shifting (BEPS) — a framework for tackling tax planning strategies — agreed on a two-pillar solution, Pillar One and Pillar Two, to address the challenges arising…

DAC 7, Digital economy, Digital platforms, EU

(Visiting Professor UAntwerp, UHasselt and EY Belgium) and (University of Amsterdam - Loyens & Loeff)/ /Leave a comment

Felix Desmyttere[1] and Juan Manuel Vazquez[2] It has been over three years and a half since the release of the OECD Model Rules for Digital Platforms[3] and a few days since the expiration of the first reporting deadline under the European variant of such reporting framework: Directive 2021/514[4] (commonly known as ‘DAC7’). Despite different guidelines…

Crypto-assets, DAC 8, EC Tax Review, EU, State Aid

(General Editor EC Tax Review and tax adviser at Ernst & Young Belastingadviseurs LLP)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Joachim Englisch, Dynamic References to International Soft Law Agreements: Flexibility with Limits The European Union relies increasingly on non-binding international agreements as a blueprint for its legislation on direct taxation. This implies converting…

Advance pricing agreement, Anti-tax avoidance, BEPS, Corporate income tax, DEMPE, Intangibles, International Tax Law, IP, MAPs and APAs, MNE Profits, OECD, Tax Avoidance, Transfer Pricing, United Kingdom

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

Back in 2015, my first ever blog asked Does the UK Diverted Profits Tax help or hurt BEPS? Whatever the answer, the level of complexity and the challenges it brought to UK cross-border taxation cannot be underestimated. The recent decision of the UK Upper Tribunal in in Refinitiv Ltd and others v HM Revenue &…

Kluwer International Tax Blog

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University)/ /Leave a comment

Dear Estimated Readers, I hope you are enjoying and making the most of your well-deserved Winter holidays! I only disturb your “tax-free” peace to make a short announcement before the closure of 2023 and the beginning of New Year 2024. After four years of mutually fruitful collaboration, I have decided to step down in my…

Customs and Excise, Direct taxation, EU law, Indirect taxation

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University) and (Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Loyens & Loeff)/ /Leave a comment

Highlights & Insights on European Taxation Please find below a selection of articles published December 2023 in Highlights & Insights on European Taxation, plus one freely accessible article. Highlights & Insights on European Taxation (H&I) is a publication by Wolters Kluwer Nederland BV. The journal offers extensive information on all recent developments in European Taxation in the…

BEFIT, Corporate income tax, European Commission

(Erasmus School of Law, Erasmus University Rotterdam, PwC Rotterdam) and (Assistant Professor at the University of Amsterdam /Manager Tax at PwC Netherlands Tax Knowledge Centre.)/ /Leave a comment

This is the second part of the authors’ blog on the Proposal for a Council Directive on Business in Europe: Framework for Income Taxation (BEFIT) that the European Commission (EC) published on 12 September 2023. In this part we present our observations on the envisaged EU corporate tax framework BEFIT proposal. Reference is made to…

BEFIT, Corporate income tax, European Commission

(Erasmus School of Law, Erasmus University Rotterdam, PwC Rotterdam) and (Assistant Professor at the University of Amsterdam /Manager Tax at PwC Netherlands Tax Knowledge Centre.)/ /Leave a comment

This is the first part of the authors’ blog on the Proposal for a Council Directive on Business in Europe: Framework for Income Taxation (BEFIT) that the European Commission (EC) published on 12 September 2023. In this part we present an outline of the backgrounds and basic elements of the BEFIT proposal. Reference is made…

OECD, Tax governance, United Nations

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Chiomenti)/ /1 Comment

Does the helm of command over international tax policy shift to the United Nations? This is the scenario that could be envisioned following the Nov. 22 U.N. General Assembly that approved the Resolution submitted by the Group of African States, following up on the Secretary-General Guterres’ report of last August. The resolution calls for an…

Intertax, OECD, Pillar I

(General Editor of Intertax)/ /Leave a comment
Intertax

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Andrés Báez Moreno & Yariv Brauner, Pillar One and Alchemy: What Can We Learn from past Mistakes Pillar One’s Amount A has failed miserably. However, the paper attempts to enumerate the many political and…

Customs and Excise, Direct taxation, EU, Indirect taxation

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University) and (Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Loyens & Loeff)/ /Leave a comment

Highlights & Insights on European Taxation Please find below a selection of articles published this November in Highlights & Insights on European Taxation, plus one freely accessible article. Highlights & Insights on European Taxation (H&I) is a publication by Wolters Kluwer Nederland BV. The journal offers extensive information on all recent developments in European Taxation in the…

OECD, Pillar II, Tax Incentives

(Acquisition Manager, Wolters Kluwer, Legal & Regulatory, International Group)/ /Leave a comment

Welcome to the latest tax podcast in the International Law Talk  series. During a series of podcasts, Wolters Kluwer will bring you the latest news and industry insights from thought leaders and experts in the field of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer International Tax Blog, we will…

Carbon, Carbon offset, Carbon Tax, CBAM

(Senior Adviser, Ministry of Finance, Sweden)/ /Leave a comment

What is CBAM? Have you heard of CBAM? No? Well, depending on your line of business it may now be time to read up on it. The major EU framework was established by an EU Regulation adopted by EU co-legislators on 16 May 2023 (OJ L 130/52 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R0956; the CBAM Regulation). It lays down obligations…