Europe
COVID-19 and the future of Pillar one
Oliver Treidler, CEO, TP&C GmbH, Berlin, considers how the COVID-19 crisis will likely affect global negotiations to reform the taxation of multinational groups, noting that a delay could give transfer pricing practitioners time to formulate an alternative, updated, concept of value creation to replace Pillar one’s formulaic elements . . .
Netherlands and Germany agree on cross-border worker taxation in light of COVID-19
Jian Cheng Ku, Rhys Bane, and Mehdi el Manouzi, of DLA Piper Nederland N.V., Amsterdam, analyze a competent authority agreement executed by the Netherlands and German governments addressing the application and interpretation of Article 14 (income from employment) of the Netherlands-Germany tax treaty in light of recent measures to curb COVID-19 . . .
Swedish court rules against Flir Systems, upholds tax penalties of EUR 70 M (USD 76.5 M)
Emiliha Ferrão and Madeleine Thörning, of Thorning Koponen Consulting, Stockholm, discuss a recent Swedish Administrative Court decision in Flir Systems, where the court upheld the Swedish tax agency’s conclusions regarding the tax due on the sale of IP owned by Flir Systems’ Belgium PE to a related Belgian company and also upheld the tax agency’s imposition of significant tax penalties . . .
OECD issues welcome guidance on tax treaty issues arising from the COVID‑19 crisis
Jian‑Cheng Ku, Gabriël van Gelder, and Mehdi el Manouzi of DLA Piper Nederland N.V., Amsterdam, discuss April 3 guidance released by the OECD Secretariat addressing how governments should apply standard tax treaty provisions when multinational group taxpayers or their employees are forced to change their behavior to comply with COVID‑19 travel restrictions and quarantines . . .