Abuse of law, Abuse of rights, Anti-tax avoidance, Beneficial ownership, Canada, Dividends, Double Taxation, Finance, Financial transactions, GAAR, income tax, International Tax Law, Luxembourg, MLI, OECD, OECD MC Convention, Share Dealings, Tax Avoidance, Tax haven, Tax Treaties, Treaty shopping, Withholding Taxes

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

In my previous blog I examined the Tax Court of Canada’s analysis of the meaning of beneficial ownership in tax treaties in Husky Energy Inc. v The King, 2023 TCC 167 in relation to stock or securities lending. This post examines the application of the General Anti-Avoidance Rule(GAAR) in Canada to the transactions. The facts…

Intertax, Tax Policy, VAT

(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: Irma Mosquera Valderrama, Throughput Legitimacy of the Peer Review Process of the Four Beps Minimum Standards: A Case Study This article focuses on the Base Erosion Profit Shifting (BEPS) Project and more specifically on…

GST, India

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

Introduction The anti-profiteering law[1] under the Goods and Services Tax law (‘GST’) in India has been a subject matter of debate since the time GST was introduced. More than a hundred petitioners challenged the constitutional validity of the anti-profiteering provision by virtue of a petition before the Hon’ble Delhi High Court (‘DHC’). At the conclusion…

Customs and Excise, Direct taxation, EU law, Indirect taxation

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

Highlights & Insights on European Taxation Please find below a selection of articles published this month (February 2024) in Highlights & Insights on European Taxation, plus one freely accessible article. Highlights & Insights on European Taxation (H&I) is a publication by Wolters Kluwer Nederland BV. The journal offers extensive information on all recent developments in European Taxation in the…

International Tax Law, Managing Editor

(University of Belgrade, Faculty of Law)/ /1 Comment

AN INTRODUCTION IS IN ORDER As the new Managing Editor of the Kluwer International Tax Blog I have been asked to introduce myself to our audience.  Such an invitation is also an opportunity for self-reflection. I entered the world of tax 20 years ago.  On 1 March 2004, soon after graduating from the University of…

Pillar I, Pillar II

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

Maarten de Wilde[1] Summary On 19 February 2024 the Inclusive Framework on BEPS published its report on Amount B of Pillar One. The report adds to the discourse a standardised return-on-sales-oriented comparability analysis for the transfer pricing of low-risk distributors. The thing is called Simplified and Streamlined Approach (S&S Approach). Reading the report as it…

Airlines, Developing Countries, OECD, Shipping, United Nations

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

What is the current Tax Framework under the UN Model for Taxation of International Shipping and Airline-related income? The current version of the United Nations Model Double Taxation Convention between Developed and Developing Countries (“UN Model 2021”)[1] offers two alternatives under Article 8. Alternative A aligns with the OECD Model Tax Convention on Income and…

Carbon pricing, Crypto Staking, Tax Treaties, VAT

(General Editor of Intertax)/ /Leave a comment
Intertax

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Alice Pirlot, Climate Clubs: An International Tax Law Perspective Global carbon pricing has often been portrayed as an interesting idea that will never be implemented due to political hurdles. Yet, this description is being…

Brazil, VAT

(York University, Canada)/ /Leave a comment

Melina Rocha[1] The long-awaited tax reform to implement a VAT system in Brazil was finally enacted after more than 35 years of discussions and several failed attempts. The main issue that prevented its approval since the late 80’s was the conflict of interest between the Federal entities. Brazilian Constitution shares the jurisdiction to tax consumption…

Budget, India

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

Buoyed by a transcendental approach to propel India towards “all-round, all-pervasive, and all-inclusive development”[1], India’s Finance Minister, Ms Sitharaman heralded the interim budget, reinvigorating the twin-peaks of good governance and maximum results. The outlook of the government is ubiquitous, with 2024 being an election year as India readies itself to go to the polls. The…

Abuse of law, Anti-tax avoidance, Beneficial ownership, Canada, Direct taxation, Dividends, Double non-taxation, Double Taxation, DTA, Finance, Financial transactions, Holding company, International Tax Law, OECD, Tax Treaties, Treaty shopping, Withholding Taxes

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

Although the meaning of beneficial ownership in tax treaties first burst onto the scene in Indofood International Finance Ltd v JP Morgan Chase Bank N.A. London Branch [2006] EWCA Civ 158  and, for the first time in Canada in Prévost Car Inc. v R 2008 TCC 231, (affirmed 2009 FCA 57), its meaning and application…

GloBE, GloBE Rules, Oil and Gas, Pillar II

(Senior petroleum legal analyst, S&P Global)/ /Leave a comment

Introduction In Fall 2021, almost 140 members of the Organisation for Economic Cooperation and Development (OECD) / Group of Twenty (G20) Inclusive Framework (IF) on Base Erosion and Profit Shifting (BEPS) — a framework for tackling tax planning strategies — agreed on a two-pillar solution, Pillar One and Pillar Two, to address the challenges arising…

DAC 7, Digital economy, Digital platforms, EU

(Visiting Professor UAntwerp, UHasselt and EY Belgium) and (University of Amsterdam - Loyens & Loeff)/ /Leave a comment

Felix Desmyttere[1] and Juan Manuel Vazquez[2] It has been over three years and a half since the release of the OECD Model Rules for Digital Platforms[3] and a few days since the expiration of the first reporting deadline under the European variant of such reporting framework: Directive 2021/514[4] (commonly known as ‘DAC7’). Despite different guidelines…

Crypto-assets, DAC 8, EC Tax Review, EU, State Aid

(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:   Joachim Englisch, Dynamic References to International Soft Law Agreements: Flexibility with Limits The European Union relies increasingly on non-binding international agreements as a blueprint for its legislation on direct taxation. This implies converting…