POEM

Corporate income tax, Double Taxation, Finance, Financial institutions, Financial services, International Tax Law, Liability to tax, MLI, OECD, Permanent Establishments, POEM, Residence, Rule of law, Tax Treaties, United Kingdom, United Nations, United States

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

G E Financial Investments Limited v HMRC [2021] UKFTT 210 (TC)  raised central aspects of the interpretation of double tax treaties. My previous blogs considered the corporate residence  under article 4(1) of the UK-US Double Tax Treaty and the existence of a permanent establishment under article 5(1) of the treaty. The First-tier Tribunal decided that…

BEPS, COVID-19, Double Taxation, Employment, Fees for technical services, International Tax Law, Ireland, MLI, OECD, Permanent Establishments, POEM, Residence, Tax Treaties, United Nations

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

Measures to prevent the spread of coronavirus have impacted on every aspect of life. While the degree of enforced isolation and immobility varies from country to country, the basic elements remain the same: Most people are compelled to stay at home and to work from there if possible. The speed with which the pandemic has…

Anti-tax avoidance, BEPS, Double Taxation, India, MLI, OECD, Permanent Establishments, POEM, Principal purpose test, Residence, Tax Avoidance, Tax Treaties

(Tax Lawyer)/ /Leave a comment

India recently notified a Protocol that amends the India-China tax treaty and incorporates some of the OECD recommendations put forth as part of its BEPS project. The changes would apply from the 2020 financial year. The Protocol brings about serious changes to the tax treaty in several areas, including limiting treaty abuse, tackling artificial avoidance…

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…

POEM

(Managing Partner at BMR Legal) and (Jindal Global Law School)/ /1 Comment

India introduced the place of effective management (POEM) in its domestic law in Finance Bill of 2015 but due to lack of preparedness it was deferred to April 1, 2017 and made applicable from assessment year 2017-2018. The statement of intent revealed that the purpose of its introduction was to determine the residential status of…