BEPS, Customs and Excise, EU/EEA, OECD, Tax Avoidance, Tax Planning, Tax Policy, Tax Treaties, Withholding Taxes

(Bomchil)/ /1 Comment

A critical appraisal of the EU Switch Over Rule and the Indian Equalization Levy At present, it is unavoidable to recognize that the international tax scenario is in transition to a much more inter-nation equitable system, where the national tax base will be better protected against erosion and profit-shifting corporate manipulations than it was in…

BEPS, MAPs and APAs, OECD, Tax Planning, Tax Treaties, Transfer Pricing, United Nations

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

The OECD BEPS project was kicked off by the observation that the interaction of domestic tax systems sometimes leads to an overlap, resulting in double taxation as well as gaps, which result in an item of income not being taxed anywhere, thus resulting in so called “double non-taxation”. Co-operation among countries historically addressed double taxation…

BEPS, OECD, Tax Avoidance

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

That day in November 2012 It was 5 November 2012 when G20 Finance Ministers asked for a report on the root-causes of Base Erosion and Profit Shifting, by their next meeting in February 2013. Meanwhile, the mainstream press and Parliaments around the world had started to focus on the way MNEs manage their tax affairs….

Intertax

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

Volume 44 (2016) Issue 3 contains: ARTICLES José Manuel Calderón CARRERO, Alberto Quintas SEARA, ‘The Concept of ‘Aggressive Tax Planning’ Launched by the OECD and the EU Commission in the BEPS Era: Redefining the Border between Legitimate and Illegitimate Tax Planning’ Abstract: In recent years, the need to prevent and combat aggressive tax planning has…

Intertax

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

Volume 44 (2016) Issue 2 contains: EDITORIAL Dennis WEBER, ‘The New Common Minimum Anti-Abuse Rule in the EU Parent-Subsidiary Directive: Background, Impact, Applicability, Purpose and Effect’ Abstract: Due to an amendment of the Parent-Subsidiary Directive, the EU Member States must include a ‘common minimum anti-abuse rule’ in their legislation for situations that fall under the…

BEPS, Tax Planning

(Texas A&M University Law)/ /1 Comment

What do these two things have in common?  Dr. Andrew P. Morriss, Dean & Anthony G. Buzbee Dean’s Endowed Chair, Texas A&M School of Law explains In 1998, seven US heavy-duty diesel engine (HDDE) manufacturers agreed to pay USD83m to settle a suit by the US Environmental Protection Agency (EPA) contending that the HDDE manufacturers had used clever…

EU/EEA, Tax Avoidance, Tax Planning

(Loyens & Loeff)/ /Leave a comment

Introduction On 28 January 2016, the proposal for a council directive laying down rules against tax avoidance practices that directly affect the functioning of the internal market (the so-called ATA-directive) has been published. Article 4 of the ATA directive contains an interest limitation rule that very closely resembles the German interest limitation rule which is…

Tax Planning

(Bomchil)/ /Leave a comment

Lessons to LatAm from recent developments of one of the oldest tax treaty networks in the region The final outcome of Action 6, BEPS, posses the query of adopting the principal purpose test (PPT) standard, and/or adopting LoB clauses. By reviewing recent changes to the Argentine tax treaty network, this contribution is a call for…

EC Tax Review

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

Volume 25 (2016) Issue 1 contains: EDITORIAL Pierre Moscovici, ‘Tough Measures Needed to Reform Tax on Corporate Profits’ ARTICLES Silvia Velarde ARAMAYO, ‘A Common GAAR to Protect the Harmonized Corporate Tax Base: More Chaos in the Labyrinth’ Abstract: The analysis of the general anti-avoidance tax rule in five countries of the European Union (United Kingdom,…

Tax Treaties

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

After a decade, the Treasury Department issued a new U.S. Model Income Tax Convention (the “2016 Model”), which is the baseline text the Treasury Department uses when it negotiates tax treaties (last updated in 2006). The 2016 Model includes a number of new provisions intended to more effectively implement the Treasury Department’s longstanding policy that…

Tax Planning

(CORIT advisory)/ /1 Comment

When the EU Anti Tax Avoidance Package was launched by the European Commission, a Study on Structures of Aggressive Tax Planning and Indicators was released simultaneously as Taxation papers – Working paper N. 61- 2015, which is available: here. Reading the Study provides a good basis for understanding the reasoning behind the Anti Tax Avoidance…

BEPS, Intangibles, OECD, Permanent Establishments, Tax Avoidance, Tax Policy, Tax Treaties, United Nations, Withholding Taxes

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

Model tax treaties do matter. The OECD and UN Models constitute precedent books with standard clauses that contracting states can follow or adapt to suit their particular circumstances. The US Model treaty, in contrast, is a statement of intent. The preamble to the revised 2016 US Model Income Tax Convention released by the US Treasury…

BEPS, OECD, Transfer Pricing

(International tax professional)/ /Leave a comment

(“Every in-house tax department should have their own IT/Financial systems capacity” – JHM, TP Minds London, 2015.) The unexpected benefit from country by reporting (“CbyC”) reporting is that tax departments may learn something about their own groups’ financial systems. What is there to learn? If you are in-house, answer these four questions: 1. Do you…