Administrative obligations, Germany, IP, Residence, Royalties, Tax Treaties

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1. Introduction To be able to compete successfully in international markets, companies need to turn their R&D results fast and effectively into marketable products. Thus, besides the development (enhancement, maintenance, exploitation) of IP, its protection is of essential importance for companies. In order to ensure maximum legal protection, companies oftentimes formally register their IP assets…

Germany, VAT, Virtual world

, (Ernst & Young GmbH, Germany)/ /Leave a comment

Back in 2000, computer gaming was revolutionized. Instead of sports games, ego shooters or other genres, people caught an interest in ‘virtual living’.  Games offered an extensive life simulation. To an – at that time – unprecedented degree, people could live their lives virtually. Disregarding the why behind what drives players, it is undeniable that…

EU/EEA, Made in America Tax Plan, Netherlands, United States

(Erasmus School of Law, Erasmus University Rotterdam, PwC Rotterdam)/ /Leave a comment

Maarten de Wilde* Summary On March 31, 2021, U.S. President Biden released his ‘American Jobs Plan’, an ambitious proposal for large scale public investments in infrastructure and other priorities. That same day the American President announced plans to offset the costs of these investments with U.S. corporate tax increase proposals: the ‘Made in America Tax…

Belgium, BEPS, Global minimum tax, United States

(Tax Partner, AKD Benelux lawyers)/ /Leave a comment

On April 5, 2021, U.S. Treasury Secretary Janet YELLEN “grabbed the attention of the occupants of corner offices worldwide with a speech to the Chicago Council on Global Affairs.  The headline was a call for countries to agree on a global minimum tax rate for large companies.” (The Economist, April 8, 2021). In the slipstream,…

GILTI, Global minimum tax, Made in America Tax Plan, United States

(Osgoode Hall Law School)/ /Leave a comment

The inspiration for this post is “The Made In America Tax Plan” (https://home.treasury.gov/system/files/136/MadeInAmericaTaxPlan_Report.pdf) recently released by the U.S. Department of the Treasury to outline President Biden’s Administration’s outlook on taxation, notably in so far as the “internationalization” of taxpayers’ undertakings is concerned.  This is a much shorter version of and directly excerpted from comments I…

DST, EU law, GILTI, Made in America Tax Plan, Pillar I, Pillar II, United States

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Chiomenti)/ /Leave a comment

Raffaele Russo[1] “In those countries where income taxes are lower than in the United States, the ability to defer the payment of U.S. tax by retaining income in the subsidiary companies provides a tax advantage for companies operating through overseas subsidiaries that is not available to companies operating solely in the United States… The undesirability…

DST, Geolocation, Place of taxation, Use and enjoyment, VAT

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University)/ /Leave a comment

Much controversial research released by the World Health Organization (WHO) at the end of March 2021 has concluded that the inception of the COVID-19 disease is likely due to a crossover of the SARS-CoV-2 virus from animals to humans. Although not unprecedented as an accident, the chances of viruses crossing over from other species to…

DAC 7, Digital platforms, EU law, EU/EEA, OECD, Tax Administration, Tax transparency

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Today, there is an exponential increase in new forms of commercialization of goods and the provision of services that make use of digital platforms. This situation is altering the functioning of the transport, delivery and digital services markets, among others. The rise of the sharing and gig economy, powered by digital platforms, has triggered the…

Carbon Tax, Environment, Incentives, Tax Policy

(Squire Patton Boggs)/ /Leave a comment

Later this year, the 190 countries that have signed the Paris Agreement on climate change will meet at COP 26 in Glasgow—subject to the possibility of continuing pandemic-related travel restrictions—to discuss their respective plans for reducing harmful greenhouse-gas emissions.  They are collectively committed to taking action in order to limit global warming to “well below”…

Control Strategy, Cryptocurrency, Digital economy, Human Resources Training, Tax Administration

(CIAT, IMF)/ /1 Comment

Introduction The Covid-19 pandemic has produced an exponential increase in e-commerce, with new business models to market goods and services, and also a profound change in the consumption habits of the population, including forms of electronic payments, such as cryptocurrencies. On the one hand, there is a huge loss of revenue from this crisis. Still,…

Exemption, Public bodies, Public broadcasting services, Subsidies, VAT

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The VAT treatment of the activities carried out by public entities has traditionally been a source of debate. Article 13 of the VAT Directive offers a short and limited regulation of the activities of public entities for VAT purposes. Generally speaking, the activities of public entities acting as such (that is to say: when using…

Administrative Co-operation, Bitcoin, Crypto-assets, DAC 8, EU law, Exchange of Information

(Universiteit Antwerpen )/ /1 Comment

Luisa Scarcella (DigiTax Centre at University of Antwerp; Member of the Working Party on Tax & Legal Matters) The recent rise in the price of Bitcoin and other cryptocurrencies and crypto-assets accompanied by the rapid growth of crypto-assets providers has caught the attention of the EU regulator once again. Due to the heterogeneity in the…

Switzerland, Withholding Taxes

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For a number of years, endeavors to reform the Swiss federal withholding tax system with regard to the taxation of interest from collective debt instruments have been going on. The reform is generally aimed at strengthening the Swiss debt capital market. The latest proposals would completely do away with federal withholding tax on bond interest….

India, Royalties, Withholding Taxes

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

Mukesh Butani, Seema Kejriwal & Ajitesh Dayal Singh Introduction The Supreme Court of India recently settled a two-decade old dispute pertaining to taxability of software income. The Supreme Court ruled that payments to non-resident software vendors/licensors cannot be treated as payment towards royalty, and hence no withholding tax liability can be imposed on the resident…