Residence

Residence

EU/EEA, M&A and Reorganizations, OECD, Residence, Tax Avoidance, Tax Fraud, Tax Planning, Tax Treaties, Withholding Taxes

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

The case brings about the opportunity to fill a gap in the Norwegian tax law. In order to determine the fiscal residence of a corporation, the current formula stipulated by art. 2(2) Tax Act uses the notion of ‘belonging to the jurisdiction’, while the OECD model employs the term ‘place of effective management’[1] as a…

OECD, Residence, Tax Treaties, Withholding Taxes

(Godoy & Hoyos Abogados)/ /Leave a comment

The DTT’s signed by the LATAM countries generally follow the rule included both in the OECD and UN Tax-Convention Models. Article 24 Section 1 states that “nationals of a contracting state shall not be subjected in the other contracting state to any taxation or any requirement connected therewith, which is other or more burdensome than…

OECD, Residence, Tax Avoidance, Tax Treaties

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

Tax treaty rules to resolve the dual residence of persons other than individuals have been consistent since the 1963 OECD draft convention. Such dual residence in resolved by Article 4(3) of the OECD and UN Model Treaties in favour of the place of effective management. Only a very few states have noted reservations on this…

Permanent Establishments, Residence, Tax Treaties

(University of Sao Paulo; Lacaz Martins, Pereira Neto, Gurevich & Schoueri Advogados)/ /1 Comment

An issue of topical interest for tax administrations in the heat of the BEPS Plan, examining the existence of a PE does not seem to be on the agenda of Brazilian authorities. In a ruling from June, 2014, the Revenue Service confirmed the long-standing Brazilian treaty practice of taxing income from services at source irrespective…