Europe
France
Americas
Africa
Europe
Americas
Americas
Europe
Americas
Europe
Europe
Europe
Austria
Europe
Denmark
Europe
Why France’s appellate court concluded that ValueClick’s French subsidiary did not have a PE in France
Terence Wilhelm, managing partner of CARA Avocats, Lyon area, France, discusses key takeaways from the Paris Administrative Appeal Court’s recent decision in ValueClick, where the court adopted a restrictive view of the concept of permanent establishment applying the applicable French tax treaty based on the old OECD model . . .
Europe
Europe
Europe
France’s additional tax on dividends is contrary to law, EU court concludes
The European Court of Justice in May 17 decision ruled that France’s additional tax on dividends is not compatible with article 4 of the parent-subsidiary directive, writes Davide Anghileri of the University of Lausanne . . .
Europe
France’s denial of dividend withholding tax exemption under EU scrutiny
The ECJ Advocate General in a January 19 opinion concluded that France’s use of GAAR to deny a withholding tax exemption for dividends distributed by a French company to its Luxembourg parent is incompatible with EU law, writes MNE Tax contributing editor, Davide Anghileri of the University of Lausanne . . .
Europe
France/Luxembourg protocol taxing indirect real estate transfers to enter into effect in 2017
A protocol to the Luxembourg/France tax treaty, signed September 15, 2014, has been ratified by both jurisdictions and will enter effect on January 1, 2017, according to information . . .
Europe
Commission refers France to the EU court over dividend tax credit
The European Commission on December 8 has asked France to comply fully with the ruling in Accor Case (C-310/09) of the Court of Justice of the European Union, writes Davide Anghileri of the University of Lausanne . . .
Africa
Luxembourg announces new tax treaty with Serbia; entry into force of protocols with Ireland, Mauritius, Lithuania and UAE; and law approving tax treaties with six other nations
The government of Luxembourg has announced that protocols signed with Ireland, Mauritius, Lithuania and United Arab Emirates entered into force on December 11 and . . .
Europe
Europe
France’s National Assembly passes amendment requiring public country-by-country reporting: Eurodad→
The amendment will be taken up by the Senate this week. See: Eurodad.
Americas
Arthur Andersen name revived as WTAS changes its name to Andersen Tax
WTAS, a firm founded 12 years ago by members of now-defunct accounting firm Arthur Andersen, has renamed itself Andersen Tax. Andersen Tax will be a member of a newly created international entity called Andersen Global.
The firm has 17 offices in the US and locations in Switzerland, Russia, France, Italy, and The Netherlands. Release
Belgium
EU committee publishes letters from 13 nations on tax ruling practices
A European Parliament committee has published letters from EU member state officials describing tax ruling practices, efforts to combat tax avoidance, and compliance with EU spontaneous exchange of information directives. The letters, published by. . .
Belgium
EU Commission to investigate tax ruling practices of all EU states
The European Commission has enlarged its state aid investigation into private tax ruling practices to cover all 28 European Union states. “The Commission will ask Member States to provide information about their tax ruling practice, in particular to confirm whether they provide tax rulings, and, if they do, to request a list of all companies that have received a tax ruling from 2010 to 2013,” the Commission said December 17 in a press release . . .
Asia-Pacific
India seeks treaty revisions to make bilateral APAs possible with Germany, France, Singapore, Italy and South Korea
India is attempting to renegotiate tax treaties with Germany, France, Singapore, Italy, and South Korea to add corresponding adjustment provisions so that India can sign bilateral advance pricing agreements (APAs) involving these nations, writes Vrishti Beniwal in an August 26 Business Standard article, quoting unnamed Finance Ministry officials. See, Business Standard
Europe
France lists intergroup transactions considered to be tax avoidance
The French tax administration has released a list of transactions considered to be abusive tax avoidance schemes, including some intergroup arrangements, writes KPMG in an April 6 tax alert. Included on the list are some instances where profits are relocated to a low tax jurisdiction after restructuring, unjustified payments of commissions or royalties, and abuse of tax treaties by inserting a structure to disguise the true beneficiary of a royalty, the firm writes. See, KPMG.
Europe
ECJ rules VAT place of supply for processed goods is where processing took place
The European Court of Justice on Oct. 2 ruled that where goods are sold by a company established in State A to a person in State B, and where the vendor does finishing work on the goods performed by a service provider in State B before the goods are transferred to the purchaser, the place of supply is State B. See, Fonderie 2A v. Ministre de l’Économie et des Finances, C-446/13.
Austria
New plan for EU financial transaction tax would widen its base and lower rates
EU finance ministers have renewed their push to enact a financial transaction tax among the EU states, with some agreeing to a phased timetable for the introduction of the tax, and others expressing support for a new plan to widen the tax base, particularly with respect to derivative products. In a statement released January 22, Austrian finance minister Hans Jörg Schelling . . .
Americas
India/US transfer pricing deal anticipated
The India expects to sign an agreement with the US on Sunday that sets out a framework to resolve mutual agreement procedure disputes concerning the appropriate markup to apply to related-party transactions, and hopes to sign similar agreements with the UK, France, and other European nations, writes Jayshree P. Upadhyay of Business Standard in a January 24 article, quoting an unnamed tax official. See, Business Standard.
Asia-Pacific
Americas
G7 finance ministers agree on international tax priorities
G7 finance ministers and central bank governors agreed at a meeting in Dresden held May 27–29 that the mechanisms used to settle tax disputes between nations need to be improved, German Finance Minister Wolfgang Schaeuble said. Schaeuble told a press conference following . . .
Europe
New French tax laws permit sister companies to consolidate, increase penalties for incomplete transfer pricing documentation
France’s 2015 Finance Act and the Rectificative Finance Act for 2014 have entered into force, reports CMS Bureau Francis Lefebvre in a January 9 tax alert. Among the new tax law changes is a broadening of the scope of tax consolidation to include . . .
Europe
Europe
France’s tax regime for foreign dividends violates EU law, says ECJ advocate general
European Court of Justice Advocate General Juliane Kokott, in an opinion issued June 11, concluded that France has violated freedom of establishment principles through a law that only gives domestic companies the opportunity to join a French group and . . .
Europe
Luxembourg and France amend double tax treaty to permit source country taxation of indirect real estate transfers
Luxembourg and France on Sept. 5 signed the 4th amendment to their 1958 double tax agreement, providing for source country taxation of gains from the sale of shares of companies that primarily invest in immovable property, such as real estate. Text of the amendment (in French), release (in French). For analysis, see Arendt & Medernach, Loyens & Loeff, Baker & McKenzie
Europe
France releases regulations on interest deduction limits for related parties
French tax authorities, on August 5, published regulations under new Article 212 1-b of the French tax code, which limits interest deductions when the debtor and creditor are affiliated entities, writes Taxand France, in an August 18 report. For analysis of the new regulations, see Taxand France. See, also KPMG.
