In a judgment rendered on 5 October 2021 (case 2C_891/2020), the Swiss Federal Supreme Court upheld the decision by the Federal Administrative Court of 18 September 2020 (case A-7028/2018), which had found that the proceeds realized by a Swiss corporate VAT taxpayer from the resale of a position of its own stock (“treasury shares”) did…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Edoardo Traversa & Benoît Timmermans, Value-Added Tax (VAT) and Sustainability in the European Union: A Radical Proposal Design Issues, Legal Aspects, and Policy Alternatives This article aims to examine how the implementation of…
It is with great sadness that Kluwer Law International has learned of the passing of Frans Vanistendael. On a very hot summer day more than thirty years ago, Henk van Arendonk, Fred de Hosson, Leo Stevens and I drove to a village near Leuven where we met with Frans. Our mission was to convince him…
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…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Svetislav V. Kostić, A Plea for a Workforce Presence PE Concept in a Post-Covid Digitalized World This paper begins with the recapitulation of the generally accepted view that the key problem with the…
Just two weeks ago on 8 October 2021, 136 of 140 member countries of the OECD/G20 Inclusive Framework agreed on a global tax deal that also features the GloBE international effective minimum tax (the so-called Pillar 2 of their work program). The G20 finance ministers backed the deal in their subsequent meeting, too. The agreement…
For some time now, Poland and Hungary have been under scrutiny from the European Commission for their violation of the rule of law, as we read with some regularity in the daily press. Recently, Poland was even fined by the European Commission. One of the defenses of these Member States is that the EU itself…
Comment on the decision of the ECtHR in the case ‘Halet against Luxembourg’ (‘Lux Leaks’ case). In a judgment delivered on 11 May 2021,[i] the Third Chamber of the ECtHR ruled, by five votes to two, that the criminal conviction of the second ‘Lux Leaks’ whistleblower, Raphaël Halet, for disclosing tax documents about clients…
Though India has been having tax treaties with over 90 countries across the globe for several decades now, interpretation of various provisions of the treaties continues to be a subject matter of protracted litigation to date. Many issues remain vexed in India, as very few of them are settled at the Supreme Court level. As…
A conversation on International Tax Practice culminated into an IFA webinar series on May 20th with global experts sharing their perspectives on landmark treaty and transfer pricing rulings delivered by Courts in various jurisdictions suggesting areas of alignment and divergence of principles. In an eminent panel moderated by Professor Robert Danon, Mr. Mukesh Butani…
Introduction In two previous posts on this blog (1 and 2), the author analyzed the VAT treatment of activities carried out by public entities, particularly public entities that offer radio and television services. Case C-21/20 referred to the Court of Justice of the European Union (CJEU) by a Bulgarian court, and in which various aspects…
Bram Markey – EMEA Leader Tax Controversy & Dispute Resolution at PwC Belgium Raphaël Devroye – Transfer Pricing Manager at PwC Belgium In a recent judgement[1], the Belgian Court of Appeal of Ghent ruled in favour of the taxpayer as regards a transfer pricing case in relation to intangibles. Even though the case is complex…
Apropos Molinos Rio de la Plata SA 1. Background: Memorandum DNI 799/10 In Memorandum 799/10, the Argentine Competent Authority (Argentine Tax Directorate, Dirección Nacional de Impuestos or DNI) dealt with a DTA structured after the Andean Model Treaty (AMT) and the interposition of a Chilean holding company (Platform Company) by an Argentine ultimate corporate shareholder….
Omar Sebastian Cabrera [1] General considerations Law 2133, dated August 4, 2021, implemented a new tax regime related to the flagging of ships and vessels in Colombia. The purpose of this law is to provide a regulatory framework that would help increase the numbers of ships registered under a Colombian flag, as Colombia lags considerably…
