Arbitration, BEPS, Hybrids, MAPs and APAs, OECD, Permanent Establishments, Residence, Tax Avoidance, Tax Policy, Tax Treaties, Transfer Pricing

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

Publication of text of The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS Convention) by the OECD on 24 November 2016 is one of the key milestones in the OECD/G20 Project to tackle Base Erosion and Profit Shifting. The BEPS Convention will be open for signature from…

EC Tax Review

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

Volume 25 (2016) issue 4 contains: EDITORIAL: Han KOGELS, ‘Base Erosion and Profit Shifting and Value Added Tax in the Digital Economy’ ARTICLES: Pieter van OS, ‘Interest Limitation under the Adopted Anti-Tax Avoidance Directive and Proportionality’ Abstract: This article scrutinizes the compatibility of the interest limitation rule the European Union (EU) legislature included in its anti-tax…

Intangibles

(Tax Lawyer)/ /1 Comment

In a decision that offers the much-needed certainty in the tax treatment of income arising from the cross-border transfer of rights in intangibles used by Indian subsidiaries of multinational corporations, India’s Delhi High Court recently ruled that income arising from the transfer of foreign-owned intangible assets between two non-resident companies cannot be subject to Indian…

State Aid, Transfer Pricing

(Texas A&M University Law)/ /2 Comments

To refresh memories, several months ago I posted part 1 of this study on Kluwer’s International Tax Blog: Application of TNMM to Starbucks Roasting Operation: Seeking Comparables Through Understanding the Market  Part 1 briefly describes my advocated transfer pricing approach drawn from my transfer pricing law treatise and my corresponding research based upon it.  My…

Uncategorized

(Bomchil)/ /Leave a comment

The path from bank secrecy to automatic exchange of information and beyond Giant steps towards international transparency: The 2008 and 2014 Milestones In 2015 OECD released its Update on Voluntary Disclosure Programs: A pathway to tax compliance, which was a renewed edition of the original survey published in 2010. The 2015 update was aimed at…

BEPS, OECD, Transfer Pricing, United Nations

(University of Sao Paulo; Lacaz Martins, Pereira Neto, Gurevich & Schoueri Advogados) and (Lacaz Martins, Pereira Neto, Gurevich & Schoueri Advogados)/ /1 Comment

Brazil is known for its unique transfer pricing legislation. While in most countries the use of comparables is central for the application of the transfer pricing methods, the Brazilian system has conceived the “fixed margins”, as means of ensuring practicability[1]. The Brazilian legislation adopts the predetermined profit margins under the equivalents of the resale and…

Arbitration, BEPS, EU/EEA, OECD

(Mircea and Partners Law Firm)/ /Leave a comment

The transition from bilateralism to multilateralism in regard of international law-making seems to be a relentless work in progress. Nobody contests that multilateralism would be – legally speaking – preferable. On the other hand, the governments of the G20 have been constantly hesitant regarding a multilateral surveillance of their macroeconomic policies. Formally, the treaties are…

Arbitration, BEPS, OECD, Tax Treaties, United Nations, WTO

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

The OECD has today published details of the peer review and monitoring process of the Mutual Agreement Procedure (MAP) under Action 14 of the BEPS Action Plan. The framework includes the terms of reference for peer review based on the Action 14 final report minimum standards, an assessment methodology for the process and a reporting…

CCCTB, EU/EEA, OECD, Permanent Establishments

(Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam, EU Direct Tax Group (EUDTG) PwC)/ /1 Comment

The Anti-Tax Avoidance Directive (ATAD) is the European answer to the phenomenon of BEPS: Base Erosion and Profit Shifting. Characteristically for tax avoidance by Base Erosion and Profit Shifting, is that it takes place within multinational groups (MNE’s). Therefore, the ATAD applies to these groups of companies. Nevertheless, the European Commission has chosen to also…

BEPS, CSR, EU/EEA

(CORIT advisory) and (CORIT Advisory P/S and Copenhagen Business School)/ /Leave a comment

As previously reported on this Blog the EU Anti-Tax Avoidance Package was presented on 28th January 2016. The package included: –          Recommendation on Tax Treaties –          Amended Directive on Mandatory Exchange of Information (CbC) –          External Strategy for Effective Taxation –          Anti-Tax-Avoidance Directive (ATAD) The overall policy objective of the package is: –          Effective taxation:…

Intertax

(General Editor Intertax and Of Counsel at Baker McKenzie)/ /Leave a comment

Volume 44 (2016), Issue 8/9 contains: EDITORIAL: Andreas OESTREICHER, ‘To See or Not to See: That Is Not the Question’ ARTICLES: Georg KOFLER, ‘Some Reflections on the ‘Saving Clause’’ Abstract: Action 6 of the Organization for Economic Co-operation and Development (OECD) Base Erosion and Profit Shifting project deals with tax treaty abuse and proposes inter…

BEPS, EU/EEA, OECD, Tax Planning, Tax Policy

(Mariz de Oliveira e Siqueira Campos Advogados)/ /Leave a comment

On September 14th, 2016, the Brazilian Federal Revenue Service (“RFB”) published the Normative Instruction RFB No. 1,658/2016, which included legal entities incorporated as holding companies in Austria in the list of privileged fiscal regimes. Although the list mentions “legal entities incorporated in the form of holding company“, the wording is imprecise, because the administration of…

EU/EEA, State Aid

(Ernst & Young Nederland LLP)/ /Leave a comment

An important question in the context of the recovery of fiscal state aid, is how the amount of the tax advantage to be recovered should be calculated. Recently, the Dutch legislator released a draft legislative proposal on the recovery of state aid. The starting point taken in this draft proposal is that the taxpayer should…