CJEU

Tax 

In Brief from International Taxation [November 2019]

A number of states have recently introduced new rules for substance requirements based on which the nexus taxation is derived, among them are Curaçao, the British Virgin Islands, Jersey and Guernsey. The CJEU AG gives its opinion on cases relating to cross-period loss relief, Belgian notional interest deduction and freedom of establishment. The guidance on tax treatment of virtual currency is newly available in the United States. Belgium is preparing for Brexit. The advance tax ruling issued in Luxembourg before 1 January 2015 will be valid only to the end of 2019. A new version of the list of non-cooperative jurisdictions was published by the European Union. 

22. 11. 2019
Tax 

In Brief from International Taxation [October 2019]

The CJEU concluded that the Belgian participation exemption regime infringed the EU parent-subsidiary directive. The newly established commission evaluates the rules for the taxation of multinationals in the Netherlands. Tax-free repayment of capital is also possible for non-EU subsidiaries based on the recent Germany’s federal tax court decision. The European Commission initiated in-depth investigation of profit regime rulings issued by Belgium between 2005 – 2014. 

18. 10. 2019
Tax 

In Brief from International Taxation – June

Austria is considering introducing the digital service tax as of 1 January 2020. Based on the CJEU the national courts are not eligible to determine if certain requirements of a state aid regime are compatible with the fundamental freedoms. Aruba, Barbados and Bermuda were removed from the list of non-cooperative jurisdictions. German Lower Tax Courts introduces new interpretation of anti-treaty shopping rules. The Dutch appellate court decided that there is no reason for TP adjustment to a hybrid loan. Poland introduced the rules for defining a beneficial owner. 

20. 6. 2019