OECD

Organisation for Economic and Commercial Development.

BEPS, Double Taxation, Intangibles, OECD, Tax Avoidance, Tax Policy, Tax Treaties, Transfer Pricing, Withholding Taxes

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

Taxation of the digital economy featured in discussion on the implementation of the OECD/G20 BEPS action items at the annual conference of the Canadian Tax Foundation in Toronto on 21 November 2017. Several speakers note that no generally accepted solution had been found to address the impact of the digitalisation of the global economy on…

BEPS, OECD

(Bomchil)/ /Leave a comment

The Argentine 2017 proposed income tax amendment: A misstep averted just before reaching the edge of the cliff 1. Background 1.1. International context The post-BEPS international tax scenario shows a rough, agitated transition towards a much more inter-nation equitable system where, progressively but within uncertain time contours, the states’ national tax base is expected to be…

BEPS, OECD, Transfer Pricing

(International tax professional)/ /4 Comments

The problem “Please tell me what the header is, I don’t know what the namespace for multiple schemas should be.”  It seemed like a reasonable question, but I never got the answer.  The same fate struck my other seemingly simple request: “Can you please give us a sample of a completed, valid, xml file so…

BEPS, OECD, Permanent Establishments, Tax Treaties

(Tax Lawyer)/ /1 Comment

India’s Income Tax Appellate Tribunal, Bangalore on September 28, 2017, handed down a decision in which it noted that the profits of a foreign company based in Saudi Arabia cannot be taxed in India under the India-Saudi Arabia tax treaty because the company did not have a service permanent establishment (PE) in India. Under Article…

Arbitration, BEPS, Double Taxation, EU/EEA, MAPs and APAs, MLI, OECD, Tax Treaties, Transfer Pricing

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

Adoption of the EU Council Directive on Tax Dispute Resolution Mechanisms in the European Union on 10 October 2017 is a milestone in international tax dispute resolution. The Directive offers a uniform mechanism to address tax treaty disputes among EU member states that meets the BEPS Action 14 minimum standard, and largely renders the arbitration…

Arbitration, BEPS, EU/EEA, OECD, Tax Treaties

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

The decision of the CJEU in Republic of Austria v Federal Republic of Germany (Case C-648/15) on 12 September 2017 is a landmark decision in tax treaty dispute resolution. Han Verhagen raised important questions about the Court as an arbitrator for tax treaty disputed in his blog-post on 13 September 2017. One obvious benefit in…

BEPS, MLI, OECD, Permanent Establishments, Tax Policy, Transfer Pricing

(International tax professional)/ /Leave a comment

In March I blogged about the first OECD draft guidance on the allocation of profits to commissionaire and other PE’s.  Looking at the June OECD draft, further ideas have come up as to why the allocation of profits to absentees is not a good transfer pricing idea. I have great respect for the OECD’s work…

BEPS, MAPs and APAs, OECD, Permanent Establishments

(Mariz de Oliveira e Siqueira Campos Advogados)/ /Leave a comment

As widely reported, the signing ceremony of the Multilateral Convention to implement tax treaty related measures to prevent Base Erosion and Profit Shifting (“MLI”) took place on 7 June 2017, in Paris, with the participation of Ministers and other high-level political representatives from various countries around the world. Besides the United States, which from the…

BEPS, Hybrids, OECD, Tax Treaties

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

Limited Liability Companies have become one of the most common forms of business organisation in the United States. Their main attraction is a combination of limited liability for LLC members and structural flexibility that can be adapted to almost any business requirement. US federal income tax seeks to eliminate double taxation of profits in the…

EU/EEA, M&A and Reorganizations, OECD, Tax Policy

(Lubbers, Boer & Douma; VU University Amsterdam)/ /Leave a comment

The objective of the EU Merger Directive (“MD”) is to remove tax obstacles to cross-border restructuring operations while safeguarding the financial interests of the Member States.[1] In aligning these two aims, the MD employs a carry-over relief mechanism at both company and shareholder level. Through the carry-over mechanism at shareholder level, laid down in Article…

BEPS, CCCTB, EU/EEA, OECD

(Catholic University in Italy; Maisto & Associati)/ /Leave a comment

This contribution lays down a general plan for what the EU should do in order to attain a harmonized set of norms regulating the allocation of taxing rights among Member States and in the relation between those States and third countries, which would benefit both Member States and their taxpayers by eliminating several instances of…

BEPS, OECD, Permanent Establishments, Tax Treaties, VAT

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

Google’s international corporate structure and operating model has featured significantly in the political and legal debate about the taxation of multinational companies, particularly in the technology sector. Although presented in anonymous form, “Rco Group”, engaged in internet search and advertising services described in the OECD BEPS Action 1, Addressing the Tax Challenges of the Digital…

BEPS, OECD

(Mariz de Oliveira e Siqueira Campos Advogados)/ /Leave a comment

On 22 June 2017, the OECD released for public comment the revised discussion draft on the application of the profit split method, which intends to continue the work developed in the OECD Transfer Pricing Guidelines and, in more details, in the BEPS Actions 8-10, whose motto aims to assure that transfer pricing outcomes are in…

BEPS, MAPs and APAs, OECD, Permanent Establishments, Tax Policy, Tax Treaties, Transfer Pricing

(Tax Lawyer)/ /Leave a comment

On June 7, 2017, India joined more than 65 countries in signing the OECD’s Multilateral Instrument to implement tax treaty-related base erosion and profit shifting (BEPS) recommendations. The Instrument – developed under Action 15 of the BEPS project – seeks to transpose BEPS recommendations into over a thousand tax treaties in a “synchronized and efficient…