More than 100 tax disputes involving Indian associates of US companies such as IBM and Microsoft are set to be settled out of court by April this year with the income tax department and the US Internal Revenue Service identifying disputes in the contract research, IT and software sectors for… – Continue reading
This past December, the Multistate Tax Commission’s (MTC) transfer pricing advisory committee and its project facilitator Dan Bucks recommended what it calls the “preliminary design” approach for a proposed Arm’s Length Adjustment Services (ALAS) program. While still subject to approval, states have already put designs on increasing state transfer pricing… – Continue reading
This week, almost 200 taxpayers in Belgium received a detailed information request regarding their transfer prices. For the third year in a row, this coordinated audit effort is organised by the specialised audit team at the Belgian tax administration. Downsized transfer pricing audit team The transfer pricing audit cell is… – Continue reading
G20 finance ministers will hear about the OECD’s three-pronged approach to implementation of the BEPS Action Plan at their meeting in Istanbul on Monday and Tuesday of next week (February 9 and 10). The OECD, which is leading the work, outlined today what has been agreed so far with the… – Continue reading
A New Tax on doing business in or through the UK The UK is on course to enact a new tax (the “DPT”) with extraterritorial scope which will apply to profits arising on or after 1 April 2015 and will be applied at a rate of 25% (the UK’s main… – Continue reading
MUMBAI: The Mumbai bench of the tax tribunal has clarified that additional tax liability cannot be claimed from competitive industries in the name of location savings arising out of the country’s low-cost manufacturing base. The ruling may benefit pharmaceutical, auto, IT and IT-enabled companies, among others, that are engaged in… – Continue reading
In 2014, China continued to develop its taxation system affecting domestic and crossborder transactions. This “Legal Flash – Special Edition 2014” highlights the most significant tax updates of the year. Please see our monthly legal flashes for more information and analysis here. Taking a step-forward on anti-avoidance provisions, the State… – Continue reading
The European Commission has turned a blind eye to secretive tax deals that Ireland and other countries have been doing with multinationals for decades. Only after complaints from the US did it launch investigations into the most high-profile cases — Apple in Ireland, Starbucks in the Netherlands, and Amazon in… – Continue reading
VADODARA: Ahead of the first Budget of Prime Minister Narendra Modi led NDA government, Gujarat Co-operative Milk Marketing Federation (GCMMF) that markets Asia’s largest milk brand — Amul — has demanded that the dairy sector be considered at par with the agriculture sector. GCMMF — the apex body of all… – Continue reading
Samantha Cameron is creative consultant at the upmarket company Firm is is owned through a holding company in Luxembourg It is also linked to a secretive trust in the Channel Island of Guernsey David Cameron has often criticised companies who use tax havens David Cameron has often railed against big… – Continue reading
The United Nations (UN) has plumped for greater cooperation among countries to put in place a set of safeguards and rules for tax reforms the world over in the bleak backdrop of extant rules and conditions, “particularly regarding illicit flows, as well as tax avoidance” often limiting what governments can… – Continue reading
Progress continues to be made in the BEPS project, with the release in September 2014 of the “2014 Deliverables” and a raft of discussion drafts published during the autumn. Here is a summary of all the recent developments. Within the framework of the BEPS (Base Erosion and Profit Shifting) action… – Continue reading
Weak governance means Africa loses more than $50bn each year in unpaid taxes and money laundering, a new report has found. The analysis, published jointly by the African Union and the United Nations Economic Commission for Africa, concluded that a lack of financial transparency and difficulties in obtaining systematic data… – Continue reading
New Delhi: Multinational companies operating in India will soon have to disclose details of their operations at the country of residence and their revenue income to the Income Tax authorities. The Budget for 2015-16 may contain provisions relating to the Global Base Erosion and Profit Shifting (BEPS) rules, which are… – Continue reading
India and US reach common ground on Mutual Agreement Procedure (“MAP)” and break new ground on Advance Pricing Agreements (“APA”) Suchint Majmudar Just ahead of Obama’s momentous R-Day visit to India, the Competent Authorities of India and US reached a landmark breakthrough in cases involving mutual agreement procedure under the… – Continue reading
Private companies often get away with tax evasion because they can afford better lawyers than government, former president Thabo Mbeki has said. “The problem is that private companies or large companies are able to mobilise much better skills with regards to lawyers, accountants, banking people and all that, so they… – Continue reading
NEW DELHI: Multinational companies operating in India will soon have to disclose details of their operations at the country of residence and their revenue income to the Income Tax authorities. The Budget for 2015-16 may contain provisions relating to the Global Base Erosion and Profit Shifting (BEPS) rules, which are… – Continue reading
IN LAST WEEK’S column we talked about the OECD’s BEPS Action Plan on Hybrid Mismatch Arrangements. This week’s column focuses on the OECD’s Action Plan on Harmful Tax Practices (HTP). As the world economy continues the process of globalization and technological advances, tax authorities from various jurisdictions are inevitably faced… – Continue reading
(Bloomberg) — President Barack Obama will propose that U.S.-based companies pay a minimum 19 percent tax on their future foreign earnings, capturing profits that are now often beyond the government’s reach. Obama will also seek a 14 percent mandatory tax on about $2 trillion in stockpiled offshore profits, said two… – Continue reading
The upmarket leather goods firm employing the Prime Minister’s wife is based in a tax haven. Smythson is owned through a holding company in Luxembourg and linked to a secretive trust in the Channel Island of Guernsey, another well-known tax haven. The store in Central London’s New Bond Street, which… – Continue reading
A Sunday Mirror investigation has found Apple, Facebook, Amazon, Google, Ebay and Starbucks has paid less than one per cent tax Six of the world’s biggest companies paid just 0.3 per cent of their UK earnings in corporation tax last year, a Sunday Mirror probe has found. We have examined… – Continue reading
Capital Gains tax and inheritance tax should be merged to prevent wealthy homeowners being taxed twice, IoD suggests Capital gains tax and inheritance tax should be merged to prevent wealthy homeowners being taxed twice, according to the Institute of Directors. Taxes raising less than £5billion a year should be merged… – Continue reading
VietNamNet Bridge –Inspectors looking for transfer-pricing cases examined 2,866 enterprises in 2014, discovering that the actual losses incurred by businesses was VND5.8 trillion lower than reported. The inspectors also attempted to collect VND1.7 trillion worth of tax arrears. The deputy general director of the General Department of Taxation (GDT), Tran… – Continue reading
The Government of Spain has announced that new country-by-country (CbC) reporting obligations will be effective in Spain for tax periods beginning on or after January 1, 2016. The CbC reporting obligation, which was announced on January 20, 2015, will technically apply from 2017, when tax returns for the previous year… – Continue reading
The EU won’t limit how much it seeks to claw back from companies including Apple and Amazon that are ensnared in tax probes if controversial deals with national governments are overturned. The European Commission is currently probing the tax arrangements between Apple and Ireland, alleging that a deal was struck… – Continue reading
U.S.-based multinational corporations are using complex merger deals to avoid paying taxes on $12 billion a year in taxable foreign earnings that they repatriate back to the U.S., according to a new study. U.S. multinationals are required to pay U.S. corporate income taxes upon repatriation of foreign earnings earned in… – Continue reading
On January 27, 2015, the Council of the European Union formally adopted a decision to add a binding anti-abuse clause to the EU Parent-Subsidiary Directive. The anti-abuse clause, which was agreed by the Economic and Financial Affairs Council on December 9, 2014, aims to prevent misuse of the Directive and… – Continue reading
In November 2012, a startled TV audience watched coverage of the House of Commons Select Committee questioning Google’s chief executive about why his business, with ostensibly billions of pounds in sales generated in the UK, accounted for UK corporation tax in an amount equivalent to the price of a single… – Continue reading
In November 2012, a startled TV audience watched coverage of the House of Commons Select Committee questioning Google’s chief executive about why his business, with ostensibly billions of pounds in sales generated in the UK, accounted for UK corporation tax in an amount equivalent to the price of a single… – Continue reading
MUMBAI: In what will be widely perceived as a sentiment booster for investors, the government has asked the I-T department to apply the principle behind a tax ruling involving Vodafone Group to all similar transfer pricing cases, an official letter seen by Reuters showed. Reacting to the news, Dinesh Kanabar of KPMG India told ET Now,… – Continue reading
In a move that will likely soothe investors’ frayed nerves, the government on Wednesday decided not to appeal a Bombay High Court ruling in favour of Vodafone in a Rs. 3,200-crore tax dispute over a share transaction involving a local subsidiary. IT minister Ravi Shankar Prasad said the government wants… – Continue reading
ARLINGTON, Va., Jan. 28, 2015 /PRNewswire-USNewswire/ — Bloomberg BNA today announced that its Global Transfer Pricing Conference: Paris, held in conjunction with Baker & McKenzie and in association with the Tax Management Education Institute, will occur on March 30-31 immediately after the Organisation for Economic Co-operation and Development (OECD) Global… – Continue reading
Microsoft denies a transfer of ownership of its New Zealand business from the United States to Luxembourg is related to the tiny European state’s favourable tax policies. Luxembourg, which has a population of less than 600,000, has been accused of facilitating large-scale tax avoidance by multinationals. Microsoft New Zealand was… – Continue reading
Yahoo is taking advantage of a loophole in the tax code to spin off its $40 billion stake in Chinese e-commerce giant Alibaba to shareholders without paying about $16 billion in corporate income tax. That’s how much Yahoo would pay if it sold its Alibaba shares or transferred them to… – Continue reading
Apple’s Australian net profit after tax for the 2014 financial year increased, despite the company paying more tax. In documents filed to the Australian Securities and Investments Commission (ASIC), the Cupertino-based tech giant reported that net profit after tax for the group during the 2014 financial year was AU$171.5 million,… – Continue reading
Summary:Apple has reported that it paid AU$80.3 million in income tax during 2014, up from the AU$36.4 million that was paid during the 2013 financial year. This is despite the company paying more than double in income tax for the year. During 2013, Apple had only paid AU$36.4 million compared… – Continue reading
Each year U.S. multinational corporations avoid an astounding $90 billion in corporate income taxes by booking their profits on paper through international tax havens. At a time of growing inequality and budget austerity, it is outrageous that we allow the world’s richest companies to get away with not paying their… – Continue reading
A total of 97% of respondents to a Deloitte consultancy survey over the major obstacles to doing business in Portugal identified the “inconsistencies” and changes in the information made available by the taxation authorities as a problem. The Deloitte European Tax Survey also reported that that 97% resulted from what… – Continue reading
INTRODUCTION The Hon’ble High Court of Bombay has recently in the case of an Indian unit of Royal Dutch Shell Plc, categorically held that issuance of shares by an Indian Company to its foreign parent is not exigable to transfer pricing provisions as there is no income arising there from…. – Continue reading
Senate Finance Committee Chairman Orrin Hatch reiterated his view that the only solution to corporate tax inversions is United States tax reform, during remarks at a conference hosted by the Brookings Institution on January 23. Hatch has long been skeptical of short-term measures – legislative or non-legislative – to deter… – Continue reading
The tech industry is ramping up its lobbying efforts on tax reform, seeking to make sure it doesn’t end up the loser if Washington can finally find a consensus on rewriting U.S. tax laws. The Tax Innovation Equality Coalition, or TIE, a group that counts both technology and pharmaceutical titans… – Continue reading
BENGALURU: US President Barack Obama’s visit to India could help unlock over $10 billion stuck in tax disputes between India and various countries. The move will largely benefit American technology companies as a big chunk of the disputes involve software development and IT-enabled services (ITeS) sectors. India’s competent authority Akhilesh… – Continue reading
BENGALURU: US President Barack Obama’s visit to India could help unlock over $10 billion stuck in tax disputes between India and various countries. The move will largely benefit American technology companies as a big chunk of the disputes involve software development and IT-enabled services (ITeS) sectors. India’s competent authority Akhilesh… – Continue reading
Over the past few years, the European Union has targeted multinational corporations using tax planning strategies to reduce corporate tax burdens. Recently, the EU has launched an investigation into tax deals between Amazon (AMZN) and the country of Luxembourg. With an array of subsidiaries within European countries, Amazon’s European headquarters… – Continue reading
The income tax department has moved the Supreme Court seeking directions to a tax tribunal to consider certain facts relating to the taxable income of Vodafone India Services for the 2007-08 fiscal. This relates to the sale of its calls centre business and an alleged exercise of call options in… – Continue reading
India has worked out a bilateral tax agreement with the United States, which could be signed during U.S. President Barack Obama’s visit, that would boost foreign investment and ease investors’ concerns raised by high profile cases against Vodafone and Shell. The pact, which industry executives say would specifically target the… – Continue reading
Transfer pricing has been a favorite Canada Border Services Agency (CBSA) enforcement target for some time now. Payments made by importers because of income tax transfer pricing requirements can trigger obligations and liabilities under Canadian customs laws. This arises, for example, when CBSA seeks to assess duties and taxes on… – Continue reading
In the first of this two part article, we outlined what businesses must do to comply with India’s transfer pricing laws, while stressing the key reforms introduced by the new government to bring certainty to the domestic tax system. Here, we discuss if and how India should respond to the… – Continue reading
MUMBAI: UK-based telecom company Vodafone Group will hold its board meeting in Delhi later this month, said two people aware of this. It will be the second such meeting in the country since Vodafone acquired its business in India. The meeting is an “ordinary” board meeting with “routine” agenda items,… – Continue reading
NEW DELHI: India and the US have finalised a framework to resolve transfer pricing cases, some of them pending for five years, in what could end tax trauma for more than 50 American MNCs such as Microsoft, IBM and Oracle by the fiscal year-end and send a strong signal to… – Continue reading
