Category: Tax Treaty Abuse
Cyprus: The End Of Treaty Abuse And A Fresh Start Of Tax Treaty Use – The Multilateral Instrument (MLI)
Cyprus signed the Multilateral Instrument(MLI) earlier this year in an attempt to reform its tax system. This article navigates through the effects of this tax treaty. ... - Continue reading
Impact of Canada’s ratification of the MLI
The MLI enters into force for Canada from December 1, 2019. ... - Continue reading
Brexit: Claims about EU tax rules fact-checked
Should Brexiteers rejoice for tax-wise benefits following the disinvolvement of the EU? Let's see here. ... - Continue reading
Portugal: Portuguese Tax Law – New Provisions To Meet The EU Anti-Tax Avoidance Directive (ATAD)
On 3 May 2019, Portugal introduced amendments to Portuguese Taw Law, in accordance with the European Union (EU) Anti-Tax Avoidance Directive (ATAD). ... - Continue reading
The 2020 Dutch budget and tax plan: key takeaways for multinational enterprises
The Dutch government on September 17 presented the 2020 Dutch budget and tax plan, proposing modifications to the taxation of multinational firms. ... - Continue reading
New Zealand, Guernsey sign tax treaty protocol
The governments of New Zealand and Guernsey on September 18 signed protocol to their tax information exchange agreement, the New Zealand government has announced. ... - Continue reading
EU Commission to investigate 39 Belgium “excess profit” tax rulings for potential State aid violations
The European Commission today announced that it has opened 39 in-depth investigations to assess whether Belgian “excess profit” tax rulings granted to multinationals between 2005 and 2014 provided benefits that are contrary to EU State aid rules. ... - Continue reading
China: Analysis On The Application Of Articles 7(6) And 7(7) Of The Multilateral Instrument To The Covered Tax Agreements
Article 7 – Prevention of Treaty Abuse – of the Multilateral Instrument (the MLI) contains three opt-in provisions. ... - Continue reading
India ratifies multilateral convention to curb abuse of tax treaties
The union cabinet, chaired by Prime Minister Narendra Modi on Wednesday approved the ratification of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The Convention will modify India’s treaties in order to curb revenue loss through treaty abuse and base erosion… – Continue reading
Tax reforms will improve UAE’s investment status
Once the UAE fully implements the BEPS minimum standard, it will become a very good location, say tax experts The UAE’s position as an attractive destination for foreign investment will substantially improve once it fully implements minimum standards for base erosion and profit shifting (BEPS), tax analysts said on Saturday…. – Continue reading
Nigeria Concludes Double Tax Treaties With Ghana, Cameroon
The Federal Government of Nigeria (FGN) concluded the negotiation of Double Taxation Agreements (the DTAs) with the Republic of Ghana and the Republic of Cameroon on 26 July 2018 and 3 August 2018, respectively. While this is a welcomed development, it is expected that efforts will now be directed towards… – Continue reading
Luxembourg Introduces New VAT Group Regime
Bill of law no. 7278, providing for the implementation of new value-added tax grouping rules in Luxembourg, entered into force on July 31, 2018. The bill was approved by parliament on July 26. The new VAT grouping regime is intended to replace the Independent Group of Persons (IGP) regime, which… – Continue reading
Delhi High Court refuses to stop Vodafone’s UK arbitration
MUMBAI, MAY 7 The Delhi High Court has refused to stop the arbitration filed by Vodafone Plc in the UK against the ₹22,000-crore tax claim by the Indian tax department. The court said that the Centre can approach the UK arbitration tribunal under the India-United Kingdom Bilateral Investment Protection Agreement… – Continue reading
Seychelles Needs To Redouble BEPS Efforts: UN Expert
The Seychelles has been told to deploy more resources to implement recommendations from the OECD on base erosion and profit shifting. Ingela Willfors, a United Nations tax expert from the Swedish Ministry of Finance, held discussions on implementation with the Seychelles’ Minister of Finance, Trade, and Economic Planning and in… – Continue reading
India, Kenya revise tax treaty
NEW DELHI: The Indian and Kenyan governments have revised their double taxation avoidance agreement (DTAA) to bring down the withholding tax rates, protect treaty from abuse and check tax evasion, an official statement said on Thursday. The revised DTAA was notified on February 19, said a Finance Ministry statement. “The… – Continue reading
China Sets Out How To Determine Beneficial Owner For Treaties
On February 3, 2018, China’s State Administration of Taxation set out new rules on the disallowance of tax treaty benefits where an entity fails to demonstrate it is the beneficial owner of Chinese assets from which passive income is derived. A beneficial ownership requirement is introduced in treaties to prevent… – Continue reading
Hong Kong To Table Anti-BEPS Law This Year
The Government of Hong Kong has said that it will introduce legislation into the Legislative Council by the end of this year to implement the minimum standards proposed by the OECD as part of its base erosion and profit shifting project. The BEPS framework, proposed by the OECD at the… – Continue reading
Irish FinMin Explains Response To Tax Evasion
Irish Finance Minister Paschal Donohoe has explained the country’s approach to tax evasion during a hearing of the European Parliament’s PANA Committee, and said Ireland is “a strong supporter of international tax reform efforts.” Donohoe was one of several European finance ministers who appeared before the committee on July 11…. – Continue reading
Romania Joins BEPS Inclusive Framework
Romania approved legislation to join the OECD’s base erosion and profit shifting Inclusive Framework on March 2. As an Associate member under the Inclusive Framework, Romania will work on an equal footing with other associates and G-20 and OECD countries in the development of further BEPS standards and the peer… – Continue reading
Andorra Commits To BEPS Minimum Standards
On October 14, 2016, Andorra became the 86th territory to join the OECD’s new inclusive framework on base erosion and profit shifting (BEPS). As a member of the framework, Andorra will commit to implementing the minimum standards put forward by the OECD on BEPS. These are on: harmful tax practices,… – Continue reading
Closing tax avoidance loopholes
THE OECD/G-20 Base Erosion and Profit Shifting (BEPS) Project is designed to provide solutions for governments to close the gaps in existing international rules that allow corporate profits to “disappear” or be artificially shifted to low or no tax environments, where companies have little or no economic activity. In February… – Continue reading
Five More Countries Agree To Exchange CbC Reports
A further five countries have signed the OECD’s Multilateral Competent Authority Agreement for the automatic exchange of country-by-country (CbC) reports, bringing the total number of signatories to 44. The Agreement allows all signatories to bilaterally and automatically exchange CbC reports with each other, as contemplated by base erosion and profit… – Continue reading
Nations discuss corporate tax avoidance at OECD meeting in Kyoto
Representatives of more than 80 countries and jurisdictions met in Kyoto on Thursday for a two-day conference aimed at going after corporate tax avoidance in the first-ever effort of its kind to include developed and developing countries. The meeting of the Organization for Economic Cooperation and Development’s Committee on Fiscal… – Continue reading
Govt approves double taxation avoidance agreement with Belgium
To check abuse of double taxation, India signs agreement with Belgium. The decision regarding this was taken in a meeting chaired by Narendra Modi. The Cabinet on Wednesday approved the signing of a protocol amending an agreement between India and Belgium for avoidance of double taxation and prevention of fiscal… – Continue reading
Special Report Looks At European Anti-Tax Avoidance Package
Thomson Reuters Checkpoint has just released a special report, European Commission Presents Anti-Tax Avoidance (ATA) Package, summarizing the ATA Package to help businesses plan for the latest developments in advance of implementation. On January 28, 2016, the European Commission presented its Communication on the Anti-Tax Avoidance Package. The goal of… – Continue reading
Fair Taxation: Commission presents new measures against corporate tax avoidance
Today’s proposals aim for a coordinated EU wide response to corporate tax avoidance, following global standards developed by the OECD last autumn. New rules are needed to align the tax laws in all 28 EU countries in order to fight aggressive tax practices by large companies efficiently and effectively. The… – Continue reading
