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. 

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. 

Tax 

In Brief from International Taxation [September 2019]

The Dutch law on repayment of withholding tax on dividends distribution from Dutch resident companies may infringe the free movement of capital. Estonia and Luxembourg initiate the implementation of DAC 6 Directive. The United Stated Tax Court unanimously stated that the definition of intangible assets is limited to independently transferrable assets. Ireland introduced a new transfer pricing legislation. 

Tax 

International tax news in brief [August 2019]

The Slovakian government approved a draft law implementing ATAD 2. The Court of Justice of the European Union (CJEU) issued a decision in the Marks & Spencer case concerning the deduction of foreign subsidiary losses. France has introduced a 3% tax on digital services this year. What is new in the area of international taxation in Austria, Italy, the Netherlands and Slovenia? 

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. 

Tax 

In Brief from International Taxation – May

The German Federal Ministry of Finance confirmed that payments for online advertising attributed to recipients residing in another state are not subject to German withholding tax. In France, an act introducing the tax on digital services for firms with worldwide sales of over EUR 750 million and sales generated in France of over EUR 25 million was passed. This information and other news can be found in the following article. 

Tax 

International taxes in brief – April

Austrian government announced a package of proposals to tax the digital economy. According to European Commission UK CFC rules constitutes illegal state aid. This is only some of the news that you will read about in the International Tax News. 

Tax 

Free Trade Between the EU and Japan

The Economic Partnership Agreement (EPA) concluded between the EU and Japan on 17 July 2018 will enter into force on 1 February 2019, which is surprisingly ahead of the planned date. 

Tax 

Jersey: new economic substance requirements

On 23 October 2018, Jersey’s Minister for External Relations presented draft legislation that would introduce increased substance requirements on certain Jersey resident companies.