Uncategorized

BEPS, Digitalization, Equalization levy, India, International Tax Law, MNE Profits, OECD, Permanent Establishments, Tax Avoidance, Tax Policy, Tax Treaties, Uncategorized, United Nations

(Advocate)/ /Leave a comment

Globally, countries are making a concerted effort to rein in the direct tax challenges posed by the digital economy. Some of this work is directly inspired by the recommendations set out by the OECD as part of its 15-point Action Plan to tackle base erosion and profit shifting. The Indian government, too, introduced two key…

International Tax Law, Tax Treaties, Uncategorized

(Universidad Complutense de Madrid/Uria Menendez)/ /Leave a comment

One of the fascinating features of EU law is that no matter how well-established its classics may be, they are revisited over and over again. If you thought you had seen it all about preliminary references, think twice. Always think twice, because you can never be fully sure until the Court’s next judgment. Last week,…

Digitalization, Uncategorized

(Crowe Valente/Valente Associati GEB Partners; Link Campus University, Rome)/ /Leave a comment

Taxation of the digital economy remains fixed in the first position of the international tax charts, with the discussions focusing lately on the so-called Amazon tax considered to be introduced in the UK. The debate has been exalted following respective recent statement by the UK Finance Minister P. Hammond, stressing that the “country needs a…

OECD, Transfer Pricing, Uncategorized

(Tax Policy Center of the University of Lausanne, Switzerland) and (Insurance Finance Expert, Zurich, Switzerland)/ /Leave a comment

Introduction Recently captive insurance arrangements have been scrutinized all over the world by tax authorities as they are believed to be vehicles that encourage profit shifting. The OECD, in the BEPS Action Plan, had considered captive insurance arrangements as a major area of concern. In fact, in the recently released 2018 OECD discussion draft on…

BEPS, International Tax Law, OECD, Tax Avoidance, Tax Policy, Tax Treaties, Uncategorized

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

I am delighted to see that my post on value creation has stimulated discussion on the fundamental thinking about international taxation. See the posts of my friends and colleagues Werner Haslehner and Sergio André Rocha. At the IFA seminar in Rotterdam, we puzzled over the meaning of “value creation”. Werner also referred to another mystifying…

BEPS, Tax Avoidance, Tax Treaties, Uncategorized

(Texas A&M University Law)/ /Leave a comment

In regards to the title of this post, the Ways & Means version of international tax reform moves toward a territorial regime of granting an exemption for foreign profits but then derogates from the exemption with a series of BEPS measures.[1] by William Byrnes, Texas A&M University Law On Thursday, November 2, 2017, the Republicans…

Uncategorized

(Bomchil)/ /2 Comments

The Multilateral Convention to Implement Tax treaty Related measures to prevent BEPS (the Multilateral BEPS Convention or MLI)[1]http://www.oecd.org/tax/treaties/multilateral-convention-to-implement-tax-treaty-related-measures-to-prevent-BEPS.pdf); Explanatory Statement: … Continue reading rounded up the implementation of the treaty-based final BEPS outcomes in one single document. MLI is aimed at providing a framework that could allow amending existing bilateral treaties at once, bringing them in…

FATCA, Tax Avoidance, Tax Fraud, Uncategorized, Withholding Taxes

(Texas A&M University Law)/ /10 Comments

I was recently asked to analyze the often quoted figure of $150 billion lost by the U.S. Treasury to foreign non-tax compliance by U.S. taxpayers.  My transcribed remarks are below.  Also, see William Byrnes’ Guide to FATCA & CRS Compliance (Matthew Bender 5th ed., 2017) at pp. 30, 33-34, 50, 59, 109-112, and 119-122. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2926119 How…

Uncategorized

(Bomchil)/ /Leave a comment

The path from bank secrecy to automatic exchange of information and beyond Giant steps towards international transparency: The 2008 and 2014 Milestones In 2015 OECD released its Update on Voluntary Disclosure Programs: A pathway to tax compliance, which was a renewed edition of the original survey published in 2010. The 2015 update was aimed at…

Tax Avoidance, Tax Fraud, Uncategorized

(Bomchil)/ /Leave a comment

Back in April this year, my contribution on the Panama Papers scandal started by saying that: “Massive leaks of information on offshore activity like the Panama Papers illustrate the need for enhanced global tax cooperation with an improved and deeper inter-jurisdictional information sharing scheme.”[1] It is not now my intention to follow the subsequent episodes…

BEPS, MAPs and APAs, OECD, State Aid, Tax Avoidance, Tax Planning, Transfer Pricing, Uncategorized

(Texas A&M University Law)/ /Leave a comment

On June 27, 2016 the EU Commission published the long awaited Starbucks State Aid decision (see here).  The EU Commission’s decision challenges the outcome of the Advanced Pricing Agreement (APA) between the Netherlands Tax Authority (Tax Authority) and Starbucks Manufacturing BV (SMBV), a wholly owned and controlled coffee roasting operation. Below is the Part I…

Intangibles, Tax Policy, Tax Treaties, Uncategorized, Withholding Taxes

(Godoy & Hoyos Abogados)/ /1 Comment

Probably without noticing it, Colombia did not take into account that signing the recent DTT with France would allow some treaty-covered taxpayers to claim Most-Favoured-Nation (MFN) protection. Some of Colombia’s DTTs, as the ones signed with Spain, Chile, Switzerland, Portugal and Mexico, include Most-Favoured-Nation clauses with respect to royalties. In this sense, it is important…

BEPS, M&A and Reorganizations, MAPs and APAs, OECD, Permanent Establishments, Tax Avoidance, Tax Planning, Tax Policy, Tax Treaties, Uncategorized, Withholding Taxes

(CORIT advisory)/ /Leave a comment

1. The Tendency We live in a time where the media, politicians, NGOs and activists increasingly are preoccupied with international tax matters. A simultaneous preoccupation is observed among the OECD, G20, EU countries and most other developed countries alike. This has led to continuously increasing regulatory requirements and strengthened legislation towards companies. The tendency is…