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2016

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Germany Issues ministerial draft bill reflecting BEPS initiatives, EU Directive

  • By PwC

PwC

by PWC
On May 31, 2016, the German Federal Ministry of Finance published a ministerial draft bill intended to implement certain recommendations resulting from the OECD BEPS project and also the provisions of the European Union Mutual Assistance Directive.
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EC probes Belgian, French corporate tax exemptions (1)


Belgium and France are under scrutiny by the European Commission (EC) for offering corporate tax exemptions that distort competition.

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New Brazilian rules on ultimate beneficiary disclosure

  • By ITR

The Brazilian Internal Revenue Service (IRS) has issued Normative Instruction (NI) No. 1.634with the purpose of updating the main regulatory provisions regarding the Corporate Taxpayer Registry (CNPJ).

To read more go here

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EU Vat Action Plan: Heavier burden for businesses?


The European Commission's proposed VAT Action Plan is an ambitious attempt to reform the flailing regime. Joe Stanley-Smith picks through the details to look at the impact it could have on companies.

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Business Reps Neutral on OECD Arbitration Style


by Stephanie Soong Johnston
The business sector doesn't have a preference for one kind of arbitration style in the optional provision on mutual agreement procedure (MAP) arbitration in the OECD's multilateral instrument (MLI), but it's important to have something thatworks for the countries inwhich businesses are involved, representatives said.
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Democrats to Treasury: Ignore Lobbyists in Debt-Equity Fight


by Laura Davison
Ten House Democrats urged Treasury Secretary Jacob Lew to not slow down or change course on a final version of controversial debt-equity rules.
"We urge you not to yield to the intense lobbying against these regulations, directed at both Treasury and the Congress, by multinational business and its trade associations," they said in a July 7 letter about the proposed rules (REG-108060-15).
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Lew to Taxwriters: Treasury Will Review Debt-Equity Reg Comments


by Stephen K. Cooper, Kat Lucero, & Dylan F. Moroses
The Treasury Departmentwill give a "hard look" at the many comments and concerns on the controversial section 385 debt or equity regulations before it finalizes them, Secretary Jacob Lew told reporters July 7 after meetingwith Senate Finance Committee members and staff.
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U.S. Corporate Income Tax Reform and its Spillovers


This paper examines the main distortions of the U.S. corporate income tax (CIT), focusing on its international aspects, and proposes a set of reforms to alleviate them. A bold reform to replace the CITwith a corporate-level rent tax could induce efficiency-enhancing reform of the international tax system. Since fundamental reform is politically difficult, this paper also proposes an incremental reform thatwould reduce tax expenditures, reduce the CIT rate to 25-28 percent, and impose a minimum rent tax on foreign earnings. Finally, this paper analyzes empirically the likely impact of the incremental on corporate revenues outside the U.S.

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Chamber Addresses Treasury's Debt-Equity Debacle


by Caroline L. Harris and J.D. Foster (U.S. Chamber of Commerce)
The U.S. Chamber of Commerce onwednesday submitted comments to the U.S. Department of Treasury regarding the newly proposed Section 385 regulations. The comments submitted by the Chamber are unique in that they specifically reflect the greatest, most immediate concerns of Chamber members. These comments do not purport to address every issue, but they are unique in capturing a consensus of major concerns of the U.S. business community.
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GOP Senators: Treasury rules could erode tax base


by Naomi Jagoda
A group of Republicans on the Senate Finance Committee said that proposed Treasury Department rules aimed at curbing offshore tax deals "threaten to further exacerbate our current economicwoes."
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Policy Options to Address Profit Shifting: Carrots or Sticks?


by Jane G. Gravelle
Policymakers have discussed reducing the shifting of corporate multinational corporations' profits into low-tax jurisdictions through carrots (incentives such as rate reductions) and sticks (such as a minimum tax on foreign-source income). This article indicates that lowering the corporate tax rate or adopting a patent box is unlikely to affect profit shifting but that restrictions such as minimum taxes or interest allocation rules could be successful.
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Treasury to Address Cash Pooling in Final Debt-Equity Rules


by Laura Davison & Kaustuv Basu
Treasury officials told lawmakers that they expect to ease the restrictions on cash-pooling transactions in the final version of the controversial debt-equity regulations, a senior Houseways and Means Committee member said.
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Transfer Pricing Deals to Get Special Scrutiny After Inversions


by Alison Bennett
Transfer pricing deals are among post-inversion transactions IRS agents should be closely scrutinizing, the agency said in a newly posted audit guide.
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State Groups Target Treasury's Debt-Equity Rules


by Ryan Tuck
Two prominent state groups haveweighed in on the Treasury Department's divisive debt-equity rules, saying a deadline extension on the comment period is crucial.
In a July 6 letter, the Council On State Taxation sought to identify "some additional state tax concerns and potentially onerous state tax compliance burdens" thatwould result from the proposed rules. According to COST, the new rules "would introduce significant new complexity and uncertainty to the state and local taxation of multistate and multinational businesses."
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EU Nations Turned Blind Eye to LuxLeaks Tax Rulings: Report


by Joe Kirwin
European Union nationswerewell aware that Luxembourg and other countries provided favorable tax rulings during the past decade but opted not to confront them in the interest of protecting their own harmful tax breaks for multinational companies.
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OECD Criticized for Not Issuing Draft Multilateral Instrument


by Penny Sukhraj
The OECD is set to face criticism at a July 7 public meeting in Paris over its lack of transparency in developing the multilateral instrument,which signatories to the project on combating tax base erosion and profit shifting are expected to adopt to implement the project's recommendations.
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More Law Professors Urge Ninth Circuit to Overturn Altera'A second group of law professors is calling on the U.S. Court of Appeals for the Ninth Circuit to uphold federal cost-sharing regulations str


by Doloresw. Gregory
A second group of law professors is calling on the U.S. Court of Appeals for the Ninth Circuit to uphold federal cost-sharing regulations struck down by the U.S. Tax Court last summer (Altera Corp. v. Commissioner, 9th Cir., No. 16-70496, amicus brief 7/5/16).
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Treasury Plans for Debt-Equity Regs Remain Vague, Taxwriters Say


by Kat Lucero, Dylan F. Moroses & Amy S. Elliott
After a July 6 meetingwith some Treasury officials to discuss controversial debt-equity proposed rules, some taxwriters remained unsatisfied that the Treasury Departmentwill move to accommodate congressional and stakeholder concerns about section 385.
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EP Supports CCCTB, Tax on Profits Leaving EU, Ownership Register


by J.P. Finet
The European Parliament voted overwhelmingly to adopt the conclusions and recommendations made by its special committee on tax rulings (TAXE II) in a report that calls for a common consolidated corporate tax base (CCCTB), a register of beneficial ownership, awithholding tax on profits leaving the EU, a tax haven blacklist, andwhistleblower protections.
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IRS issues final county-by-counry reporting rules, addresses volunatry reporting for 'gap year,' along with a few points of clarification

  • By PwC

by PwC
The IRS on June 29, 2016, issued final regulations requiring annual country-by-country (CbC) reporting for US-parented multinational enterprise (MNE) groups. The information collection requirements in these regulations are to be satisfied by submitting a new reporting form, Form 8975, Country-by-Country Report,with the taxpayer's income tax return. Form 8975 calls for information on a country-by-country basis related to the MNE group's income and taxes paid, togetherwith several other data items.
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Argentine Congress passes tax bill with amnesty provisions and other significant tax changes

  • By PwC

by PwC
Argentina's Senate on June 29, 2016, approved a tax billwith special incentives for Argentine taxpayers to report previously unreported assets. The bill also includes modifications to various tax provisions. It is expected that the billwill be signed into law and published in the coming days.
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Brazil now requires information reporting for 'ultimate beneficial owners'

  • By PwC

The Brazilian tax authorities (RFB) on May 5, 2016, issued Normative Instruction (NI) No. 1,634/2016. This NI overhauls the guidancewith respect to information reporting in the Brazilian Corporate Taxpayers Registry (CNPJ).
Among other changes, the NI requires the disclosure of informationwith respect to 'ultimate beneficial owners.' Such owners include individuals and certain entities that, directly or indirectly, hold, control, or 'significantly influence' an entity, aswell as individuals and certain entities onwhose behalf a transaction is undertaken.
To read more go here

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The federal government says U.S. corporations will spend a combined $13 million annually complying with proposed tax rules on internal corporate debt. But an industry trade group estimates that could


The federal government says U.S. corporationswill spend a combined $13 million annually complyingwith proposed tax rules on internal corporate debt. But an industry trade group estimates that could be the cost for just one company.
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Is Corporate Integration a Good Idea?


by Alan D. Viard
In this installment of the Star Forum, expertsweigh in on the following question:Senate Finance Committee Chair Orrin G. Hatch, R-Utah, has announced that he is drafting a proposal in favor of corporate integration. Do you think that corporate integration is a good idea?what factors should Hatch consider as he is drafting his proposal?
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Finance Republicans Urge Treasury to Delay Debt-Equity Regs


by Kat Lucero
Ahead of a critical meetingwith Treasury officials, seven Senate Republican taxwriters urged Secretary Jacob Lew to delay controversial proposed rules thatwould recharacterize debt as equity to curb inversions, rules Treasury has said it plans to finalize quickly.
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LB&I International Practice Service Concept Unit

  • By IRS

by IRS
The IRS made available its international practice unit that provides an overview ofwhether a corporate inversion is subject to section 7874, the three qualifying tests, the distinction between the tax consequences of an 80 percent and a 60 percent inversion if section 7874 applies, and potential tax issues that may artificially reduce U.S. tax.
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Comparables Argument in Altera' Flawed, Law Professors Say


by Doloresw. Gregory
Treasury should shut down its cost-sharing regime altogether if stock-based compensation can't be included in the pool of costs shared by parties to such deals, six tax professors argued in a brief filed in Altera Corp.'s transfer pricing disputewith the IRS (Altera Corp. v. Commissioner, 9th Cir., Nos. 16-70496, 16-170497, amicus brief 7/1/16).
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MEPs call for tax haven blacklist, patent box rules, CCCTB and more

  • By European Parliament News

Parliament's recommendations for making corporate taxation fairer and clearerwere voted onwednesday. MEPs call for an EU register of beneficial owners of companies, a tax havens blacklist, sanctions against non-cooperative tax jurisdictions, action against abuse of "patent box" regimes, a code of conduct for banks and tax advisors, tax good governance rules in EU trade agreements, a common consolidated corporate tax base (CCCTB) and awithholding tax on profits leaving the EU.

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Crackdown on tax loopholes announced by European commission


by Jennifer Rankin
The EU executive has announced a further clampdown on offshore tax avoidance and shell companies in response to the Panama Papers.
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Swiss IP Structures Attractive to U.S. Tax Directors


by Kevin A. Bell
Switzerland, a sophisticated, mountainous nation of 8 million already attractive to U.S. tax directors seeking a European jurisdiction for their group intellectual property, is likely to maintain its competitive position in the post-BEPSworld.

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Republicans Raise Heat on Treasury's Debt-Equity Rules


by Kaustuv Basu
Seven Republican members of the Senate Finance Committee piled more pressure on the Treasury Departmentwith a letter asking it to slow down controversial debt-equity rules.
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OECD Discussion Draft Narrows Scope for Profit Splits


by Ryan Finley
Under the OECD's new draft guidance on the profit-split method, use of profit splitswould be confined to situations inwhich the parties share in the "economically significant risks," and theywould not be appropriate for entitieswith a level of operational integration typical for associated enterprises.
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EU Starbucks' Ruling: A New View of Arm's-Length Principle


by Alex M. Parker
A European Commission ruling against Starbucks and the Netherlands isn't intended to replace the tax administrations of European Union countries, but tax practitioners say that appears to bewhat the commission is doing.
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Why Does Subchapter C Address Foreign Corps?


by Jasper L. Cummings Jr.
In this article, Cummings discusses section 367 and asks Treasury: Just because a regulation is permitted under section 367, is it necessary or appropriate under that statute?
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India amends application date of General Anti-Avoidance Rule


International Tax Review

by Amelia Schwanke

Investors in India have been given room to breathe as the Central Board of Direct Taxes (CBDT) amends the effective date of the General Anti-Avoidance Rule (GAAR).

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Taxing vocabulary: a glossary of fiscal terms

  • By European Parliament News

Paying taxes can be complicated, but so can the vocabulary that goeswith it. Tax avoidance is legal, but tax evasion isn't and justwhat exactly is base erosion? As the Parliament's second special committee is having its final recommendations debated and voted on during thisweek's plenary,we take a closer look at the jargon. Read on for an explanation of the terms used.

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Tax Haven Route Won't Work for Post-Brexit UK, OECD Says

  • By Reuters

The United Kingdom is unlikely to try to lure international investment by becoming a tax haven after it leaves the European Union, according to an internal memo prepared by the body responsible for the drafting international tax rules.

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New Brazilian rules on ultimate benefiti


International Tax Review

The Brazilian Internal Revenue Service (IRS) has issued Normative Instruction (NI) No. 1.634with the purpose of updating the main regulatory provisions regarding the Corporate Taxpayer Registry (CNPJ).

To read more go here

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The Platform for Collaboration on Tax releases discussion draft on effective capacity building on tax matters in developing countries

  • By OECD

G20 Finance Ministers, in their communique of February 2016, called upon the IMF, OECD, UN andworld Bank Group to "recommend mechanisms to help ensure effective implementation of technical assistance programmes, and recommend how countries can contribute funding for tax projects and direct technical assistance, and report backwith recommendations" at their July meeting. The four organisations,working jointly as the members of the new Platform for Collaboration on Tax – drawing on their individual experiences in delivering technical advice and their interactionswith other TA providers, development partners, and especially country governments – have developed a series of recommendations and enabling actions in response to this request,which are laid out in this discussion draft.

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First meeting of the new inclusive framework to tackle Base Erosion and Profit Shifting marks a new era in international tax co-operation

  • By OECD

Representatives of more than 80 countries and jurisdictions have gathered in Kyoto, Japan to push forward ongoing efforts to update international tax rules for the 21st century, the latest step in the OECD/G20 Project to tackle Base Erosion and Profit Shifting (BEPS).

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No Loan Recasts in Debt-Equity Rules, D.C. Bar Group Urges


Bloomberg

by Alison Bennett
Pressure is building on the Treasury Department towithdraw language in its controversial earnings-strippings regulations allowing the IRS to recast entire loans as debt,with the D.C. Bar Association Taxation Section adding its voice to the outcry.
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Brexit Probably Won't Affect Taxes As Much As Everyone Fears


It is hard to overstate the magnitude of the shockwave emanating from the United Kingdom in thewake of voters' decision to exit the EU.The surprising victory of the Leave campaignwill almost certainly prompt introspection on the part of EU leaders and force the next U.K. prime minister to confront the serious possibility of a major recession and tangled trade policy.Where the Brexit vote might have a more subtle impact is on the U.K. tax regime.While the United Kingdom might gradually opt to diverge from the EU's VAT rules andwill be spared a potential state aid investigation, the effectswill be small and likelywon't be truly felt for years.

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Public review sought of BEPS Conforming Changes to Chapter IX of the OECD Transfer Pricing Guidelines

  • By OECD

Interested parties are invited to review the conforming changes to Chapter IX of the OECD Transfer Pricing Guidelines, "Transfer Pricing Aspects of Business Restructurings."

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Release of BEPS discussion drafts on attribution of profits to permanent establishments and revised guidance on profit splits

  • By OECD

Public comments are invited on the following discussion drafts:

  • Attribution of Profits to Permanent Establishments,which dealswithwork in relation to Action 7 ("Preventing the Artificial Avoidance of Permanent Establishment Status") of the BEPS Action Plan;
  • Revised Guidance on Profit Splits,which dealswithwork in relation to Actions 8-10 ("Assure that transfer pricing outcomes are in linewith value creation") of the BEPS Action Plan.

For the OECD release, go here.

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UK plans to cut 20% corporate tax rate (1)


Chancellor of the Exchequer George Osborne has said he plans to slash the UK's corporation tax rate to below 15% to attract businesses and investment post-Brexit.

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EU Anti-Avoidance Directive and Irish Holding Companies - Taxation of Dividends

  • By ITR

The hastily adopted EU Anti-Avoidance Directive ("Directive") requires European Union (EU) member states to introduce or amend their existing Controlled Foreign Companies ("CFC") legislation.

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U.S. Finalizes Country-By-Country Tax Reporting Rules -- Are Companies Ready To Comply?


by Joe Harpaz
The U.S. Treasury Department and IRS released final rules today thatwill require large U.S. multinational corporations to file annual reports containing detailed, country-by-country income tax filing information for each country inwhich they do business.
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News Analysis: What Would Happen Upon Brexit, Part 2


by Lee A. Sheppard
In news analysis, Lee A. Sheppard discusses potential financial regulations questions raised by the United Kingdom's exit from the European Union.
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Draft Democratic Plan Supports Action to Stop Inversions


by Kaustuv Basu
Democrats support a crackdown on corporate inversions and a financial transactions tax to lessen excessive speculation and high-frequency trading onwall Street, according to a party platform draft released in advance of the Democratic National Convention.
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New Business Voices Applauding Debt-Equity Rules


by Alison Bennett, Aaron E. Lorenzo & Kaustav Basu
Thousands of U.S. businesses and taxpayers are raising their voices to support the Treasury Department's controversial rules to stop companies from stripping income out of the U.S., in sharp contrast to the growing pressure from multinational corporations to drop the rules.
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