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Supreme Court Closes Book on the “Danish Cases"
On 16 September 2024, the Danish Supreme Court delivered its final judgment in the last of the six "Danish Cases" on beneficial ownership, w...
How safe is the new Italian Investment Management Exemption safe harbour?
The 2023 Budget Law1 amended the domestic definition of permanent establishment ("PE") contained in Article 162 of the Italian Tax Code (&qu...
The South of Italy becomes a Special Economic Zone
With effect from 2024, the Italian Government established a new single Special Economic Zone for the South of Italy (hereinafter the “Single SEZ”, in ...
MFN benefit is not automatic: Indian Supreme Court Ruling on Interaction between Constitution, Domestic Law and Tax Treaties
Outline of the Article The Indian Supreme Court delivered a landmark ruling which impacts multinational entities from countries such as France, Switze...
Italy: Supreme Court rules Subject-to-Tax Test does not require actual payment of tax in Switzerland; grants full relief from withholding tax on royalties paid to qualifying Swiss recipient.
The case and the decisionOn 6 June 2023, the Italian Supreme Court decided the case of a Swiss-resident company seeking the refund of the Italian with...
Beneficial Ownership: Final Judgments in the "Danish Cases"
The Danish Supreme Court has now given its final judgments in the so-called "Danish Cases". To some degree, the determination of who is &quo...
Beneficial Ownership: Final Judgments in the "Danish Cases" - Dividends
On 9 January 2023, the Danish Supreme Court gave final judgements in the first two of the so-called "Danish Cases" to reach the Court. Rulin...
EU VAT in the Digital Age (ViDA)
On 8 December 2022, the European Commission1 launched a package of proposals aimed at – as the Commission expressed it – “adapting the EU VAT system t...
France: Recent Developments Impacting Inbound and Outbound Income Flows – Part II
France withholds tax on various types of income flows accruing to non-resident recipients. Like elsewhere, the applicable withholding tax may be impac...
Brazil: New Transfer Pricing Rules Expected for 2023 - Challenges in their Implementation
A combination of factors is putting pressure on the Brazilian government to quickly conclude the drafting of a bill with the new Brazilian transfer pr...
France: Recent Developments Impacting Inbound and Outbound Income Flows – Part I
France withholds tax on various types of income flows accruing to non-resident recipients. Like elsewhere, the applicable withholding tax may be impac...
Approaching The Global Tax Pact from the Peripheral Economies’ Viewpoint
The Final Report on Action 1 was the greatest failure of the BEPS Plan; it did not conclusively respond to the direct taxation issues posed by the dig...
The Crypto Series - Part II: The Background
The tax treatment of cryptocurrencies is a rapidly evolving debate with various countries, such as Spain, Portugal, India, and many others, adopting t...
The Crypto Series - Part I: Taxation of Cryptocurrencies
Cryptocurrencies have become a headache for tax practitioners and tax auditors given their ambiguous nature and the technical expertise required to un...
The EU’s Unshell Directive
On 22 December 2021 the European Commission presented the proposal for a Council Directive no. COM(2021) 565 final laying down rules to prevent the mi...
Canada Top Court Blesses Treaty-Shopping Arrangement: The Alta Energy Decision
The Supreme Court of Canada (SCC) recently rendered its eagerly awaited decision in Canada v Alta Energy Luxembourg S.A.R.L., 2021 SCC 49 (Alta Energy...
Brazilian Income Tax Reform and the Revaluation of Inbound Investment Structures
Tax reform agendas are not new in the Brazilian political environment. Several attempts — some broader and some narrower in scope — were made in the p...
The Netherlands: Withholding Tax on Royalty and Interest Payments
The Netherlands historically did not levy a withholding tax on outbound interest and royalty payments. The original rationale for this policy was that...
The Supreme Court Ventures into and Beyond the Taxability of ‘Royalty’ in Respect of Software Licensing Fees
The Hon’ble Supreme Court delivered its judgement in the case of [B:Engineering Analysis Centre of Excellence (P.) Ltd vs. Commissioner of Income tax[...
Important 2020-21 Changes Impacting the Structuring of Business in and through Denmark
The tax scene in Denmark in 2020 and so far into 2021 has been marked by important developments which are bound to impact the structuring of internati...
EU VAT and E-Commerce from 1 July 2021 – The new rules explained
From 1 July 2021, Member States of the European Union [I:("EU Member States")] must comply with the VAT rules laid down by the VAT Directive[SUP:1], a...
Russia International Taxation - Year in Review and Look-Forward to 2021
2020 witnessed systemic developments in Russia's international tax framework, with the entry into force of MLI, the dismantling of a double tax treati...
The Mexican Mandatory Disclosure Regime
In compliance with commitments assumed in the context of BEPS, Mexico adopted legislation requiring the mandatory disclosure of tax planning schemes (...
Tax Tribunal Extends Tax Treaty Restrictions on India's Dividend Distribution Tax: Implications for Non-Resident Investors
The purpose of tax treaties is to relieve the double taxation of income in the treaty partner countries. Relief from tax, however, is contingent upon ...
COVID-19 Crisis and EU VAT
On 30 January 2020, the World Health Organisation (WHO) declared the COVID-19 outbreak a public health emergency of international concern. On 11 March...