EU/EEA, Tax Policy

(Partner Cuatrecasas Madrid)/ /Leave a comment

The Spanish Supreme Court recently issued (February 19, Spanish version here) a long awaited judgment confirming that the Spanish inheritance tax legal framework breaches the free movement of capital when taxing non-EU residents on Spanish assets received through inheritance. The origin of this discrimination is the Spanish regional inheritance taxation system, under which Spanish regions…

BEPS, Double Taxation, MLI, OECD, Residence, Tax Avoidance, Tax Policy, Tax Treaties

(Temple Tax Chambers; King’s College London)/ /3 Comments

Non-inclusion of the Swiss-United Kingdom income tax treaty in the list of Covered Tax Agreements of both the states on signing the BEPS MLI on 7 June 2017 surprised some observers. This evident gap between two OECD member countries was quickly filled by a protocol to the Swiss-United Kingdom treaty concluded on 30 November 2017….

BEPS, OECD, Tax Policy

(Tax Lawyer)/ /3 Comments

On February 1, 2018, Indian Finance Minister presented the country’s latest Budget, which contains an international tax proposal that may not send a positive message to foreign companies doing business with India. The Budget proposes to amend the definition of “business connection” stipulated in Explanation 2 to section 9(1)(i) of the Income Tax (IT) Act…

BEPS, OECD, Tax Policy

( PwC Netherlands, Lazarski University and Singapore Management University)/ /Leave a comment

At the current stage, it is difficult to predict a potential application of the principal purposes test (PPT) and its outcome since it has not entered into force in the 72 Signatories of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). However, assuming that this happens…

BEPS, OECD, Transfer Pricing

(International tax professional)/ /Leave a comment

It is 30 December and 2 MNEs contact me about my YouTube videos on uploading Country by Country Reports (CbCRs); they need help.  In the week of New Year, I helped taxpayers in Bermuda, Belgium, Britain (for B’s), Cyprus, China, Colombia (for C’s) and then some more down the alphabet (not Zimbabwe). I remembered how…

BEPS, EU/EEA, OECD, Tax Policy

(WU Vienna / KPMG)/ /4 Comments

Among the main issues the BEPS project intends to address is the phenomenon of “double non-taxation”. It is a term that is used quite frequently nowadays; primarily in order to describe situations that are considered as problematic from a policy perspective. However, not all situations where something remains untaxed provoke public outrage. As, for example,…

Tax Planning, Tax Policy, Tax Treaties

(Tax Lawyer)/ /Leave a comment

Much has been said and written globally about Google’s tax affairs. The way the company carries on its business operations and how much tax it pays on income generated from such operations has been a subject of recent, heated debate in both France and the UK. In India too, international tax experts are discussing an…

BEPS, OECD, Tax Policy

, (University of Muenster)/ /3 Comments

In mid-November, the Republican majority in the US House of Representatives has passed its version of the Tax Cuts and Jobs Act bill. Last Saturday, the Senate has followed suit and has cast a 51:49 approval vote on the parallel tax reform bill introduced by its Republican members. Admittedly, it is still not entirely clear…

BEPS, Tax Policy, Tax Treaties

(EY Mexico)/ /Leave a comment

Recently, a special Mexican Circuit Court (“the Court”) issued a ruling regarding the interpretation of an international convention (the North American Free Trade Agreement or “NAFTA”) which may signal broader guidance for the interpretation of treaties in Mexico. The case was ruled in order to resolve conflicting decisions by two Circuit Courts, as a result…

BEPS, Double Taxation, Intangibles, OECD, Tax Avoidance, Tax Policy, Tax Treaties, Transfer Pricing, Withholding Taxes

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

Taxation of the digital economy featured in discussion on the implementation of the OECD/G20 BEPS action items at the annual conference of the Canadian Tax Foundation in Toronto on 21 November 2017. Several speakers note that no generally accepted solution had been found to address the impact of the digitalisation of the global economy on…

BEPS, OECD

(Bomchil)/ /Leave a comment

The Argentine 2017 proposed income tax amendment: A misstep averted just before reaching the edge of the cliff 1. Background 1.1. International context The post-BEPS international tax scenario shows a rough, agitated transition towards a much more inter-nation equitable system where, progressively but within uncertain time contours, the states’ national tax base is expected to be…

BEPS, OECD, Transfer Pricing

(International tax professional)/ /4 Comments

The problem “Please tell me what the header is, I don’t know what the namespace for multiple schemas should be.”  It seemed like a reasonable question, but I never got the answer.  The same fate struck my other seemingly simple request: “Can you please give us a sample of a completed, valid, xml file so…

BEPS, Tax Avoidance, Tax Treaties, Uncategorized

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

In regards to the title of this post, the Ways & Means version of international tax reform moves toward a territorial regime of granting an exemption for foreign profits but then derogates from the exemption with a series of BEPS measures.[1] by William Byrnes, Texas A&M University Law On Thursday, November 2, 2017, the Republicans…

Arbitration, EU/EEA, MAPs and APAs

(Crowe Valente/Valente Associati GEB Partners; Link Campus University, Rome)/ /Leave a comment

A Directive on Tax Dispute Resolution was adopted by European Member States early in October 2017. It had been proposed by the European Commission 1 year ago as part of the Corporate Tax Reform Package, along with the Common Consolidated Corporate Tax Base (CCCTB) and the amendment of the Anti-Tax Avoidance Directive (ATAD) regarding hybrid…