Argentina, DTA

(Bomchil)/ /2 Comments

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….

Columbia, Shipping tax

(Manager at PwC Colombia)/ /Leave a comment

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…

CJEU, Digitalisation and outsourcing, Fund management, VAT

(A&L Goodbody LLP (Dublin)) and (Baker McKenzie (London))/ /Leave a comment

In the first part of this article, the authors provided an overview of the Blackrock case. In the second part of this article, the authors consider the DBKAG case and reflect on the impact that these decisions have on businesses in the short and mid-term. 2.2 Is the supply of a specific software capable of…

Corporate income tax, Dispute resolution, Double Taxation, India, International Tax Law, OECD, Permanent Establishments, Physical presence, Place of taxation, Tax Treaties, United Kingdom, United States

(Temple Tax Chambers; King’s College London)/ /3 Comments
Delaware law, habitual exercise

Last month my blog discussed the questions relating to corporate residence and article 4(1) of the UK-US Double Tax Treaty raised in G E Financial Investments v HMRC  [2021] UKFTT 210 (TC). This month the focus is on the permanent establishment issues. The case concerned a complex financing structure General Electric Company group. The taxpayer,…

CJEU, Digitalisation and outsourcing, Fund management, VAT

(A&L Goodbody LLP (Dublin)) and (Baker McKenzie (London))/ /Leave a comment

In this article, which is divided in two parts, the authors consider two judgments from the Court of Justice of the European Union (CJEU) in respect of the VAT exemption for the management of funds. In particular, the authors examine how these judgments deal with the issue of digitalisation and outsourcing. Part 1 of this…

GAAR, India, OECD, Transfer Pricing

(BMR Legal) and (Managing Partner at BMR Legal)/ /Leave a comment

  On 20 May, 2021 the first Webinar of IFA’s online series “A conversation on International Tax Practice” was held. Chaired by Robert Danon (Chair IFA Permanent Scientific Committee), global experts shared their perspectives on India’s software royalty case and on landmark transfer pricing rulings delivered by Courts in various jurisdictions thereby suggesting alignment and…

India, indirect transfer of shares, Retrospective tax

(Nangia Andersen LLP) and / /Leave a comment

In one of the significant and eye-catching moves by the Indian government, the controversial law on retrospective tax on indirect transfer of shares representing assets held in India was withdrawn and was made prospective[1]. The law passed recently also proposed to refund the amount paid in these cases without any interest thereon. The retrospective introduction…

Canada, Corporate income tax, Double Taxation, International Tax Law, MAPs and APAs, MNEs, OECD, Permanent Establishments, Residence, Tax Treaties, United Kingdom, United States

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

When is a taxpayer a resident of a contracting state for purposes of a tax treaty? The decades old definition in article 4(1) of the OECD Model that ‘“resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place…

EC Tax Review

(General Editor EC Tax Review and tax adviser at Ernst & Young Belastingadviseurs LLP)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Gabriela Lagos Rodríguez, Financial Transaction Tax in Europe Over the last two decades, the European Union (EU) and various European States have proposed or created several taxes aimed at increasing the overall tax…

Australia, Big data, Canada, India, Spain, United Kingdom, United States

(CIAT, IMF)/ /Leave a comment

The present article explores some concrete application cases of Big Data in Tax Administrations (TAs). It then formulates some ideas for its possible expansion in the near future, considering both advantages and disadvantages.   1. Big Data The concepts of Big Data, data analytics and artificial intelligence are not new. Still, some technological advances have made…

Intertax

(General Editor of Intertax)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Aleksandra Tychmańska, The OECD as the Future International Tax Organization: An Inevitable Course of Events? Over the years, the increasing process of tax law internationalization may be observed due to which tax cooperation…

Crypto-assets, Cryptocurrency, Malta

, (WH Partners)/ /1 Comment

“Bitcoin is now considered an investable asset” – reads the first sentence of the interview with Mathew McDermott, Global Head of Digital Assets at Goldman Sachs in the newly-issued report by the bank. With the recent buzz in the news about cryptocurrencies such as Bitcoin, Ethereum and Cardano we wanted to discuss how Malta has…

Intertax

(General Editor of Intertax)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Robert Danon, Daniel Gutmann, Margriet Lukkien, Guglielmo Maisto, Adolfo Martín Jiménez & Benjamin Malek, The Prohibition of Abuse of Rights After the ECJ Danish Cases Since they were delivered in February 2019 the…

Common Reporting Standard, Compliance, Europe, Germany, Italy, Law enforcement, MNE Profits, Tax transparency, United Kingdom

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

Tax authorities have relied on informers for investigative leads perhaps since taxes were first imposed. In the 21st Century high profile cases of theft of taxpayer information by employees of service providers including banks and professional firms have provided data not only of interest to tax authorities but also as a driver of international tax…