EU law

CBAM, Environment, EU law, European Commission

(Osgoode Hall Law School, York University)/ /1 Comment

Ivan Ozai (Osgoode Hall Law School, York University) Increasing concerns about anthropogenic climate change have motivated governments to strengthen policies to reduce greenhouse gas (GHG) emissions. One of the most novel policy issues under discussion in the European Union is the implementation of a carbon border adjustment mechanism (CBAM) to equalize carbon prices on EU-produced…

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 this month (May 2022) 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…

Environment, EU Green Deal, EU law, Spain

(Tax Law Associate Professor at CEU Universities)/ /1 Comment

On 9 April 2022, Law 7/2022 of 8 April on waste and contaminated soil for a circular economy (“LRSC”) was finally published. This law responds to the obligation to transpose into the Spanish domestic law the measures derived from Directive 2018/851/EU (Waste Framework Directive) and Directive 2019/904 on the reduction of the impact of certain…

Entertainment services, EU law, Place of Supply, VAT

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

The first part of this two-piece article titled “Virtual Activities: EU VAT’s Effort to Recompose the Broken ‘Unity of Action, Time and Place’ – Part I” provided an overview of the new place of supply rules for services relating to virtual activities introduced in the VAT Directive by the compromise text for updates on VAT…

Entertainment services, EU law, Place of Supply, VAT, Virtual activities

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

On 7 December 2021, government ministers from European Union (EU) countries gathering at the EU Council agreed on updates of the current rules governing value added tax (VAT) rates for goods and services. The new EU rules on VAT rates represent a long-awaited modernisation of the relevant provisions contained in Annex III to Directive 2006/112/CE…

DST, EU law, GILTI, Made in America Tax Plan, Pillar I, Pillar II, United States

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

Raffaele Russo[1] “In those countries where income taxes are lower than in the United States, the ability to defer the payment of U.S. tax by retaining income in the subsidiary companies provides a tax advantage for companies operating through overseas subsidiaries that is not available to companies operating solely in the United States… The undesirability…

DAC 7, Digital platforms, EU law, EU/EEA, OECD, Tax Administration, Tax transparency

(CIAT, IMF)/ /Leave a comment

Today, there is an exponential increase in new forms of commercialization of goods and the provision of services that make use of digital platforms. This situation is altering the functioning of the transport, delivery and digital services markets, among others. The rise of the sharing and gig economy, powered by digital platforms, has triggered the…

Administrative Co-operation, Bitcoin, Crypto-assets, DAC 8, EU law, Exchange of Information

(Universiteit Antwerpen )/ /1 Comment

Luisa Scarcella (DigiTax Centre at University of Antwerp; Member of the Working Party on Tax & Legal Matters) The recent rise in the price of Bitcoin and other cryptocurrencies and crypto-assets accompanied by the rapid growth of crypto-assets providers has caught the attention of the EU regulator once again. Due to the heterogeneity in the…

DAC 7, EU law, Joint audits

(University of Muenster) and (Vienna University of Economics and Business)/ /1 Comment

Nevia Čičin-Šain and Joachim Englisch* The sixth amendment of the Directive on administrative cooperation has just been adopted by Council, on 22 March. Earlier drafts of DAC 7 have received certain attention mostly for the new regime of documentation and reporting obligations imposed upon digital platforms. However, the new Directive also features numerous other important…

ATAD, EU law, GAAR, Intertax, Poland

( PwC Netherlands, Lazarski University and Singapore Management University)/ /Leave a comment

Articles 3 and 6 ATAD: a dangerous EU legislative mix In the forthcoming issue of Intertax, I make an in-depth analysis of the issues concerning the partial implementation of the EU GAAR, as enshrined in Article 6 ATAD, by Poland in 2019. One of the main hypotheses is that the combination of Articles 6 and…

Digital economy, EU law, EU/EEA, Fixed establishment, MNE Profits, MNEs, OECD, Pillar I, Pillar II

, , (Loyens & Loeff, Netherlands)/ /Leave a comment

In part 1 of this blog, we focused on the increased involvement of platforms in the levy of direct and indirect taxes. In this blog, we will highlight other digital economy tax trends, such as the shift of taxation rights on digital activities and fixed establishments. Shift of taxation rights between jurisdictions More user-and-consumer based…

Administrative obligations, BEPS, Customs and Excise, Digital economy, Digital platforms, Distance selling, EU law, OECD, United Kingdom, VAT

, , (Loyens & Loeff, Netherlands)/ /Leave a comment

The digitization and globalization of the economy have created a challenging environment to enforce tax rules and ensure tax compliance. Ever since the OECD’s release of the Action Plan on Base Erosion and Profit Shifting (BEPS)[1], the taxation of the digital economy has been under scrutiny from both a direct and indirect tax perspective. The…

Abuse of rights, Administrative cooperation, Brexit, Double Taxation, EU law, EU/EEA, International Tax Law, Tax Treaties, United Kingdom

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

The newly concluded Trade and Cooperation Agreement between the EU and UK has limited provisions concerning taxation, but interesting provisions relevant to interpretation of treaties including good faith. The Agreement does not seek to replicate many of the rights which UK citizens and businesses had under EU law. There is no general non-discrimination provision. Double…

Digital economy, EU law, GCC, VAT

, (Aurifer)/ /Leave a comment

Few events in the last decade have contributed as much to the growth of the digital economy as Covid-19. The pandemic forced entire populations to go into lockdown, working from home became the norm and outdoor activities were limited to a bare minimum out of fear of infection. All these factors have contributed to a…