United States Tax News
Thin capitalization rules not applicable to interest paid by Italian PE to US head office; deductibility of interest expense under transfer pricing rules analyzed
US Treasury Department announces signing of protocol to US-Finland income tax treaty
ATO denies interest withholding tax exemption to a US pension fund
Treaty between Australia and US – ATO explains its understanding of LoB article
IRS issues notices with guidance for income from international shipping and air operations
Protocol to treaty between US and Denmark signed
Availability of US dependent territories' tax information to Australian tax authorities
US Senate ratifies protocols to income and capital, and estate, inheritance and gift, tax treaties between France and US
US Senate ratifies protocol to treaty between Sweden and US
IRS releases list of qualified investment banks under MoU defining investment bank for interest withholding under 2003 Japan-US treaty
US and Spain enter mutual agreement on treatment of LLCs, disregarded entities, and Sub-S corporations under treaty and protocol
Status of Irish common contractual funds under the Ireland-US tax treaty
Ruling on taxability of non-residents with captive BPOs
US Foreign Relations Committee approves protocol to treaty between Sweden and US
US Foreign Relations Committee approves protocols to income and capital, and estate, inheritance and gift, tax treaties between France and US
Final regulations issued on classification of business entities organized in multiple jurisdictions
US Senate hearings on protocol to treaty between Sweden and US
US
Treaty negotiations – update
Following a reduction in withholding tax rates in the 2001 protocol to the Australia-US tax treaty, Australia is required under the most-favoured-nation clause in its existing treaty with Korea (Rep.) to renegotiate the 1982 Australia-Korea (Rep.) treaty.
IRS updates procedure for APAs in transfer pricing cases
The Competent Authorities of the United States and Japan have signed a memorandum of understanding (MOU) defining the term "investment bank" for purposes of Art. 11 (Interest) of the 2003 income tax treaty between the two countries. The definition is relevant for determining eligibility for zero-rate withholding for interest payments under Art. 11(3)(c)(i) of the 003 Japan-US Treaty. The MOU was signed on 27 December 2005 and released by the US Internal Revenue Service (IRS) on 28 December 2005.
The Competent Authorities of Canada and the United States have signed a memorandum of understanding (MOU) setting out the principles, guidelines and procedures to be followed in resolving factual disagreements in mutual agreement cases under the 1980 US-Canada income tax treaty. The MOU was signed on 23 December 2005 and follows the MOU signed on 3 June 2005 that formalized the mutual agreement procedure (MAP) for resolving cases of double taxation under the treaty. It also follows the announcement by the US Internal Revenue Service (IRS) and the Canada Revenue Agency (CRA) on 8 December 2005 that they had reached agreement on procedures for resolving factual disputes in the MAP process.
The US Tax Court has disallowed a deduction for a contribution to a French pension plan and payment of French real estate taxes. Isabelle Bichindaritz v. Commissioner of Internal Revenue (T.C. Memo 2005-298 dated 29 December 2005). The case involved a French citizen who was teaching at a US university. She claimed a deduction on her US tax return for a contribution to a French pension plan and also a deduction for the payment of French real estate taxes.
US Court
US and Mexico sign revised mutual agreement on eligibility of fiscally transparent entities to claim treaty benefits
Indian ruling that US pension fund does not qualify for treaty benefits
Spanish Supreme Court examines refund of excess amounts withheld non-discrimination provision (US treaty)
The amending protocol to the France-US income and capital tax treaty of 31 August 1994 4 were submitted to the French Parliament on 14 December 2005.
Presidential tax reform panel issues final report
Unify Your Processes
Simplify Compliance
Empower Your Team