Int'l Tax News

The European Commission applied its own criterion, one not in linewith national and international rules, in calculating profit in the Starbucks Corp. case, the Dutch government said.

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The European Commission's top tax official briefed members of the EU Parliament on the commission's proposals to curb corporate tax avoidance ahead of a meetingwith EU finance ministers.
"The packagewe presented agrees to a great extentwithwhat you have set out in your reports," EU Commissioner for Economic and Financial Affairs, Taxation and Customs Pierre Moscovici told members of the European Parliament (MEPs) on Feb. 2 in Strasbourg.

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The Dutch Ministry of Finance on February 2 published a letter from State Secretary of Finance Ericwiebes to the parliament in response to questions about the European Commission's ruling that the Netherlands' approval of Starbucks's transfer pricing arrangements constituted illegal state aid.
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The United States needs faster growth to create the good jobs and higher living standards that Americans expect. The bestway to produce higher growth is to speed up the rate of investment in new capital equipment (which includes machines, equipment, software and the like), thereby boostingworkers' productivity,which has lagged significantly since the end of the Great Recession. Unfortunately, current U.S. tax policies tend to do a poor job of rewarding capital investment. In fact, rather than encouraging new investments, tax policies encourage companies to distribute profits made from things they have done in the past. It is a recipe for resting on your laurels, not reaching for the future.
For The Hill article, go here.

The top Republican taxwriters in Congress havewaded into a brewing taxwar between the US and the European Union, decrying the "hostile" environment big American companies are facing in the EU.

The intervention from lawmakers,who rarely agreewith the Obama administration, came soon after the government complained the European Commissionwas unfairly targeting US groups such as Apple and Amazon in a drive against tax avoidance.
For the Financial Times story, go here.

Britain's corporate tax system is "decaying", MPswere told on Tuesday, as George Osborne came under renewed fire over the Google tax settlement.

For the Financial Times story, go here.

Houseways and Means Chair Kevin Brady, R-Texas, said after a committee hearing February 2 that fresh thinking is needed on how the United States taxes business income and on how to get to a business tax rate that is 15 or 20 percent.
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The favorable tax treatment of outbound transfers of foreign goodwill and going concern value is set to change as soon as Treasury finalizes regs proposed in September 2015, and practitioners are already sweating over the choice they'll have to make: elect into recognition of a continuous stream of income associatedwith foreign goodwill and going concern value or roll the audit lottery dice.
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An overhaul of the international tax code is a top priority of theways and Means annual agenda and the committee is atwork on producing a draft, Chairman Kevin Brady (R-Texas) said.

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Ten major business groups are teaming up to push the Senate to ratify eight tax treaties that have long been stuck on Capitol Hill, citing fears that U.S. businesseswill suffer and that treaty partnerswill view the U.S. as not being serious about already-signed pacts.

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In this article, Avi-Yonah argues that the United States needs to join the European Union in curbing tax evasion and avoidance.
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Google's announcement that itwill pay £130 million in back taxes owed to the U.K. since 2005 "wasn't a glorious moment," according to Sajid Javid, U.K. secretary of state for business, innovation, and skills, but he added itwas a success because itwill change taxpayer behavior.
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Houseways and Means Committee Chair Kevin Brady, R-Texas, is tasking Tax Policy Subcommittee Chair Charlesw. Boustany Jr., R-La.,with drafting an international tax reform bill that the committee could vote on.
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House of Representativesways and Means Committee Chairman Kevin Brady (R – Texas) and the Chairman of the Tax Policy Subcommittee, Charles Boustany (R – Louisiana), have urged the need for US international tax reform in response to the European Commission's anti-tax avoidance package on January 28.
For the tax-news.com story, go here.

The European Commission (EC) has released a package of measures including a much-anticipated proposal for an anti-tax avoidance directive.
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teaseIndia's Income Tax Simplification Committee (ITSC) has recommended amending income tax laws, specifically the Income Tax Act (ITA), to make it easier to do business in the country.
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Provisions in the new U.S. model tax treaty that cancel benefits in cases of special tax regimes and subsequent changes in law are meant to make the treaties more "dynamic," officials from the Treasury Department said.

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Proposed regulations thatwould eliminate the tax-free exception for foreign goodwill and going concern value transferred under tax code Section 367 are in keepingwith the legislative history behind the provision, Treasury and IRS officials said.

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"Will They Never Let You Escape Thisworld?"was the title for the international panel at the January 26 New York State Bar Association annual meeting. It's a highly fitting title for an obituary of the otherworldly Bowie,whowas a tax exile in Switzerland before coming to the United States. The title refers to escape from U.S. tax jurisdiction, because corporate income taxes in the land of theworld's reserve currency are just so onerous, don't you know.
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A senior Treasury Department official questioned the "basic fairness" of European Union investigations into tax deals struck by American companies, including Apple Inc. and McDonald's Corp., on the continent.
Robert Stack, Treasury's deputy assistant secretary for international tax affairs, said following meetingswith EU regulators that he is concerned that EU Competition Commissioner Margrethe Vestager is making unreasonable demands of U.S. companies in her sprawling probe.
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After receiving a large number of comments regarding special tax regimes and other issues, Treasury is "very close" to publishing its final version of the updated U.S. model tax treaty, Elena Virgadamo, attorney-adviser, Treasury Office of International Tax Counsel, said January 29.
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James Fuller comments on U.S. tax developmentswith international implications, focusing this month on limitation on benefits, treaty, and state aid issues; country-by-country reporting; various IRS rulings; and foreign partner transfer rules.
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To combat tax avoidance, governments can either improve current tax rules through multilateral initiatives such as the OECD's base erosion and profit-shifting project orwork on creating an entirely new corporate tax system, the Institute for Fiscal Studies said in a January 29 release.
For the release, go here.

The IRSwill issue guidance under tax code Section 704(b) on partnership creditable foreign tax expenditures in the very near term, a government official said.
The guidancewill address abusive fact patterns and clarify ambiguities in how partnerships address CFTEs, Ossie Borosh, an attorney-adviser in the Treasury Department's Office of Tax Legislative Counsel, said Jan. 29 at the American Bar Association Section of Taxation midyear conference.
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Corporate tax avoidance costs EU countries ÔøΩ50-70 billion in lost revenue a year, according to the European Commission. On 2 February itwill discusswith MEPs how it plans to make corporate taxation fairer and more efficient. The Lux Leaks scandal showed that EU countries sometimes court multinationalswith advantageous tax schemes. Parliament has set up two special committees to investigate and called on the Commission to introduce legislation to restrain these practices.
For the release, go here.

George Osborne is backing an initiative to force multinational companies to open up their tax arrangements to public scrutiny, in an effort to bring transparency to a system thatwas heavily criticised in the light of Google's £130m British tax settlement.

For the Financial Times story, go here.

Earlier thisweek, Johnson Controls announced itwould combinewith Tyco in a dealwhere the Milwaukee-based manufacturer is expected to relocate its headquarters to Ireland,where corporate taxes are lower than in the United States. Multinational corporations often argue that corporate inversions are a necessary response to the "competitiveness" problems associatedwith America's current tax code. Yetwhile most agree that the U.S. corporate tax system is in desperate need of reform, this diagnosis is based on myths that are divorced from the reality on the ground.
For the Fortune article, go here.

Thisweek,wisconsin-based Johnson Controls and Tyco InternationalÔøΩbased in IrelandÔøΩannounced a plan to merge,with the new company to be headquartered on the Emerald Isle.
It's the latest attempt at a corporate inversion, a controversial move that prompts a U.S. company to mergewith an international brand, and set up shop in that entity's home country to save money on taxes. Nearly 50 U.S. companies have used inversions to reincorporate overseas during the past ten years, more in the previous two decades combined. However, is it good business or greed?
For the CNBC article, go here.

Robert Stack, Treasury deputy assistant secretary (international tax affairs), metwith EU officials in Brussels January 29 to personally deliver the message that recent European Commission state aid decisions unfairly target American companies such as Apple, Amazon, Starbucks, and McDonald's, a Treasury official confirmed to Tax Analysts.
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Practitioners upset over the broad scope and immediate effectiveness of a notice and planned regulations implementing a statute that's been ineffective for 18 years urged the IRS and Treasury Department to use restraint as they develop guidance on cross-border partnership transfers.
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The European Commission has proposed a package of measures to clamp down on corporate tax avoiders thatwould close a loophole companies have used to shift profits to low-tax countries.
The EU's executive body said the Anti-Tax Avoidance Packagewould open up "a new chapter in its campaign for fair, efficient, and growth-friendly taxation" by, among other things, changing accounting rules and boosting reporting requirements so that companies pay tax in the countries inwhich they ostensibly earn their profits.
For the CFO.com story, go here.

Europe has launched an assault on tax avoidance by multinational companies, pledging on Thursday to close regulatory loopholes revealed by the LuxLeaks scandal and to give EU countries more powers to claw back profits that businesses seek to shift abroad.

For the Financial Times story, go here.

Brussels is set to examine the UK's £130m tax dealwith Google, after the Scottish National party called on the EU's competition chief to probewhether the agreement's generous terms constituted illegal state aid.

Stewart Hosie MP, deputy leader of the SNP, onwednesdaywrote to Margrethe Vestager, the EU's antitrust commissioner, urging her to address "growing concerns" aboutwhat he called an "opaque" deal, according to a copy of the letter seen by the Financial Times.

For the Financial Times story, go here.

European Union competition chief Margrethe Vestager said Thursday morning she's ready to investigate Google parent Alphabet Inc.'s 130 million-pound ($185.5 million) tax dealwith the U.K. if there are complaints. It didn't take long for the first to surface.

For the Bloomberg story, go here.

Google has not agreed settlements in its tax disputes across Europe and is not close to doing so, according to a person familiarwith the negotiations.

There has been speculation the technology group has agreed dealswith France and Italy following lastweek's announcement of a £130m settlement in Britain.

For the Financial Times story, go here.

For some European nations, big American corporations like Google are seen primarily as employers and technological innovatorswhose presence can helpwith their global competitiveness.

But for others, the multinational giants are seen as having used complex accounting to sidestep corporate taxes. That, some argue, makes them prime targets at a timewhen governments are grasping for revenue to fill budget deficits and trying to address populist concerns about inequality.

For the New York Times story, go here.

The battle between theworld's leading multinationals and national governments looking for tax revenue has heated up over the pastweek following the row surrounding Google (NASDAQ: GOOGL)'s bill in the U.K. and a pan-European push to combat corporate tax avoidance.
For the CNBC story, go here.

Google Inc. is under investigation in Italy for allegedly avoiding taxes totaling about 250 million euros ($273 million) between 2009 and 2013,while the European Union is considering a probe of the U.K.'s 130 million pound ($185.5 million) tax dealwith the company's parent, Alphabet Inc.
The EU inquirywas requested by Stewart Hosie, deputy leader of the Scottish National Party,who said he'dwritten to ask for it just hours after EU competition chief Margrethe Vestager announced Jan. 28 she's ready to investigate the tax settlement if there are complaints.
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EY's Kenneth Christman and Rodica Gilles examine the recent string of European Commission state aid investigations involving member state transfer pricing agreements and tax rulings, aswell as the implications for U.S. multinationals. "Uncertainty about the value of EU tax rulings may be particularly significant for U.S. multinationals," the authorswrite, as they "seem to be disproportionately targeted in these investigations."
For the BNA Insight, go here. (subscription required)

AEuropean Commission reportconcludes that the tax rules and practices of EU member states,which permit deductions for intra-group interest costs, expose member states to aggressive tax planning by multinational companies.
The study, released Jan. 28, concludes that all 28 member states exhibit aggressive tax planning indicators that fall "under the interest cost theme. This suggests that base erosion by means of financing costs can occur."
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Unanimous approval of the European Commission'sAnti-Tax Avoidance Directivemay take longer than the mid-year target deadline, given member states' unwillingness to cede tax policy to Brussels.
EU member state and independent tax experts identified two elements of the proposal as likely to trigger intense debate: the switch-over clause, designed to ensure taxation of dividends and capital gains for companies in low-tax jurisdictions, and an exit tax, designed to stop companies from relocating their tax residence or assets to gain a tax advantage.
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EU Tax Commissioner Pierre Moscovici presented an eagerly awaited package of measures, including a new anti-tax-avoidance directive and a revised administrative cooperation directive to allow the automatic exchange of country-by-country reports,which he saidwill ensure a "fairer and more stable environment for businesses.
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Responding to the European Commission's decision to move forwardwith the OECD's base erosion and profit-shifting project, Houseways and Means Tax Policy Subcommittee Chair Charlesw. Boustany Jr., R-La., said in a January 28 release that hewouldwork for international tax reform thatwould be fair to U.S. companies.
For the release, go here.

The U.S. plans to implement country-by-country reporting through bilateral agreements rather than signing a multilateral agreement, U.S. Deputy Assistant Treasury Secretary for International Tax Affairs Robert Stack told Bloomberg BNA.
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More than 30 countries have signed the OECD's multilateral competent authority agreement for the automatic exchange of country-by-country reports -- excluding the United States,which has opted to sign bilateral agreements instead, Tax Analysts has learned.
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Some aspects of the anti-tax-avoidance package thatwill be presented to the European Parliament January 28 extend beyond the OECD recommendations, said European Commission Vice President Valdis Dombrovskis.
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A financial transactiontax-- a per-trade charge on the buying and selling of stocks, bonds and derivatives -- is an ideawhose time has finally come. It has begun percolating in the Democratic presidential campaign,with all three candidates offering proposals.
For the New York Times story, go here.

Political leaderswill take ownership of and pursue specific tax reform ideas in the coming year as they seek a potential international-only reform, members of PwC'swashington tax policy team said January 27.
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