Abuse of rights, Administrative cooperation, Brexit, Double Taxation, EU law, EU/EEA, International Tax Law, Tax Treaties, United Kingdom

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

The newly concluded Trade and Cooperation Agreement between the EU and UK has limited provisions concerning taxation, but interesting provisions relevant to interpretation of treaties including good faith. The Agreement does not seek to replicate many of the rights which UK citizens and businesses had under EU law. There is no general non-discrimination provision. Double…

cartoon, Kluwer podcast, NewYear

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University) and (Tax Policy Center of the University of Lausanne, Switzerland)/ /Leave a comment

As this year 2020 is withering and will soon be gone, it is an understatement that we all will find it hard to not look at the past year with regret. Almost since its first inception days, this year 2020 has trapped all of us in a spiral of pain and dispensed a great dose…

Beneficial ownership, BEPS, FATCA

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

The U.S. has a highly successful international financial service industry that is important to the U.S. economy, exemplified by, firstly, the international financial centers such as Miami and New York of over a half-trillion dollars of foreign deposits of high net wealth individuals whom many experts allege are not tax and exchange control compliant in…

EU/EEA, Sharing economy

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

On 15 July 2020, the European Commission (EU Commission) unveiled a Proposal for a Council Directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation (the so-called ‘DAC 7’), which seeks to improve the existing framework for exchange of information in the field of direct taxation within the EU, by introducing, inter alia…

Ruling, Transfer Pricing, United States

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

Purpose of the blog: To analyze the recent ruling of the US tax court (‘the Court’) in the case of The Coca-Cola Company (TCCC). Ruling: The US Tax Court, for the years 2007-09, ruled TCCC was under-compensated by its associated enterprises (AEs) for the use of intellectual property, and confirmed an addition of approximately USD…

BEPS, Digital economy, OECD, Pillar I, Pillar II, Withholding Taxes

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

We commend the OECD’s 15-year effort since its 2005 publication of E-commerce: Transfer Pricing and Business Profits Taxation to address the challenges arising from the digitalization of multinational enterprises’ business models and the evolution of cross-border ecommerce. Our comments and recommendations are submitted in an academic capacity and do not represent an official statement or…

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:   Mart van Hulten, The Green Deal Consultations: Well-Being Aims and Tax Related Reforms On 23 July 2020, the European Commission launched public consultations on two tax related proposals, namely a revision of the…

Digital economy, Kluwer podcast, MNE Profits, OECD, Pillar I

(Tax Policy Center of the University of Lausanne, Switzerland)/ /Leave a comment

Welcome to the first post in the series of International Law Talk. During a series of podcasts, Wolters Kluwer will bring you the latest news and industry insights from thought leaders and experts in the field of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Tax Blog, we will highlight…

Digital economy, EU law, GCC, VAT

, (Aurifer)/ /Leave a comment

Few events in the last decade have contributed as much to the growth of the digital economy as Covid-19. The pandemic forced entire populations to go into lockdown, working from home became the norm and outdoor activities were limited to a bare minimum out of fear of infection. All these factors have contributed to a…

BEPS, OECD, Pillar I

(Tax Policy Center of the University of Lausanne, Switzerland) and (University of Lausanne, Switzerland; CEDIDAC)/ /Leave a comment

Purpose of the blog This blog raises the question as to whether the Pillar I Amount A proposal is consistent with the value creation standard? Naturally, as a start, the question arises as to what the value creation standard is. Value creation standard Although the meaning of value creation, as used in the BEPS project,…

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:   Carla De Pietro, Beneficial Ownership, Tax Abuse and Legal Pluralism: An Analysis in Light of the CJEU’s Judgment Concerning the Danish Cases on Interest The complex interconnections characterizing the relationship between the international…

Digitalization, Financial services, OECD, Permanent Establishments, Pillar I, Transfer Pricing

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1. Carve-out of financial services from the scope of Amount A According to the Report on the Pillar One Blueprint,[1] the proposed scope of Amount A is designed to capture multinational groups that are presumed to participate in a sustained and significant manner in the economic life of a market jurisdiction. To this end, the…

CJEU, Excise duties, Exemption, Infringement procedure, Italy

(PhD – University of Brescia/Bergamo; Tax Lawyer in Milan)/ /Leave a comment

The Italian legislation on excise duties, and in particular Article 24 of Legislative Decree no. 504 of 26 October 1995 (hereinafter, “the Italian Excise Duties Act”) that provides an exemption for fuels used for navigation in general with the carve-out of recreational shipping, has been considered incompatible with EU law by the EU Commission recently….