Tax Treaties

Kyrgyzstan

Kyrgyzstan, Slovak Republic agree on draft of income tax treaty: AKIpress→

April 21, 2022

Africa

Characterization as a resident for withholding tax exemption under tax treaties signed by France

April 14, 2022

Patrick Donsimoni, La Boetie, discusses the February 2 decision of the French administrative Supreme Court that reveals the complexities of interpreting income tax treaties regarding the concept of residence for entitlement to treaty benefits.

Africa

Egypt, Qatar to revise income tax treaty: Egypt Today→

April 1, 2022

Africa

Japan-Morocco income tax treaty to enter into force on April 23, 2022: Japanese Ministry of Finance→

March 25, 2022

Asia-Pacific

Significant changes to the income tax treaty between Austria and the UAE as of 2023

March 24, 2022

Iris Burgstaller and Fanni Deak, TPA Austria, discuss recent changes to the Austria-United Arab Emirates income tax treaty to implement the OECD standards on base erosion and profit shifting (BEPS); after the exchange of the instruments of ratification, the amendments will be applicable for tax years after December 31, 2022.

Americas

A regulatory tax hike on US multinationals

February 28, 2022

Daniel Bunn, Tax Foundation, discusses why a meaningful tax hike for multinational companies has already been adopted while much of the policy focus has been on proposals embedded in the Build Back Better agenda, which still has not yet made its way through the US Congress.

Asia-Pacific

Greece, Australia start tax treaty negotiations: Papadopoulos / Greek City Times→

February 25, 2022

Americas

The applicability of the Spanish GAAR to conduit structures after the CJEU Danish cases

February 23, 2022

Aitor Navarro, Carlos III University, discusses the Spanish tax authorities’ December 16, 2021 publication of a panel report on the applicability of the domestic GAAR to a conduit arrangement aimed at benefiting from an exemption at source on the payment of interest income to EU residents.

Americas

Has the Indian tax administration removed the sheen from the ‘most favoured nation’ clause in its tax treaties?

February 22, 2022

Priyanshi Chokshi, Raghav Bajaj, and Vinita Krishnan, Khaitan & Co., analyze the ramifications of the Indian Central Board of Direct Taxes’ clarification of the applicability of the “most favoured nation” (MFN) clauses in Indian tax treaties through its February 3 circular.

Americas

Netherlands, Colombia sign income tax treaty: Geis / Commentary Box Sports→

February 18, 2022

Asia-Pacific

Iran, Finland sign tax treaty: Tasnim News Agency→

February 14, 2022

Africa

Lesotho, Thailand, and Vietnam sign multilateral convention to implement tax treaty-related measures to prevent BEPS: OECD→

February 9, 2022

Asia-Pacific

Sri Lanka to sign new tax treaties with India, Czech Republic, Turkey: Daily Mirror Online→

January 26, 2022

Asia-Pacific

Taiwan highlights changes in new tax treaty protocol with UK

January 18, 2022

Taiwan’s Ministry of Finance on January 18 explained the changes in the new amending protocol to the UK-Taiwan tax treaty, which took effect on January 1 after entering into force on . . .

Africa

Swiss international tax update addresses OECD deal, treaties, MAP

January 12, 2022

Switzerland’s State Secretariat for International Financial Matters on January 10 issued a report on various ongoing tax projects, including the country’s take on the OECD deal, as well as the status of tax treaty negotiations, tax information exchange, mutual agreement procedure (MAP), and recent . . .

Asia-Pacific

Singapore-Jordan tax treaty enters into force

December 30, 2021

The tax treaty signed by the governments of Jordan and Singapore on July 14 entered into force on December 30 following the necessary ratifications and exchange of diplomatic notes; as a result, the treaty provisions will take effect on . . .

Armenia

Singapore-Armenia tax treaty enters into force

December 28, 2021

The tax treaty signed between the governments of Armenia and Singapore in July 2019 entered into force on December 23 and will be effective . . .

Americas

Brazilian tax ruling applies most favoured nation clause in tax treaty with Portugal

December 23, 2021

Jack Taylor, University of Minho, discusses the Brazilian tax authorities’ September 22 ruling applying the most favoured nation principle in a case under the Brazil-Portugal double tax agreement, determining that sales of shares or equity by . . .

Belgium

Belgium and France sign new tax treaty

December 13, 2021

Moïse Gnakouri, Catholic University of Louvain, discusses the new tax treaty Belgium and France signed on November 9, which complies with new international standards, and includes several changes, including the taxation of capital gains on the sale of shares of companies with assets consisting . . .

Americas

Brazil-Singapore tax treaty enters into force

December 1, 2021

The tax treaty between Singapore and Brazil, signed in May 2018, entered into force on December 1 and will become effective in January 2022 . . .

Europe

Dutch committee presents report on conduit companies and associated tax policy options

December 1, 2021

Jian-Cheng Ku, Gabriël van Gelder and Rhys Bane, DLA Piper Nederland N.V., discuss a Dutch government committee’s November 22 findings on the presence of conduit companies in the Netherlands and what tax and non-tax measures should be taken against . . .

Americas

Canada and Alta Energy tax dispute: treaty shopping or valuation under restructuring

November 30, 2021

New York City Economist Dr. J. Harold McClure analyzes the Supreme Court of Canada’s November 26 decision upholding a taxpayer-favorable ruling in The Queen v. Alta Energy Luxembourg S.A.R.L., in which the legal issue revolved around charges of treaty shopping, but the appropriate valuation of . . .

Europe

Swiss federal act on implementation of international tax agreements: ready for January 2022

November 23, 2021

Francesca Amaddeo, Tax Law Competence Centre (SUPSI), discusses the Swiss Federal Council’s November 10 introduction of the federal act on the implementation of international tax agreements (ITAIA), applicable from 1 January 2022, that aims to update . . .

Belgium

Belgian tax authority clarifies new rule on deduction of foreign business losses

November 22, 2021

Moïse Gnakouri, Catholic University of Louvain, discusses the Belgian tax authority’s November 3 circular that provides a detailed commentary on new provisions in the Belgian income tax code regarding the deductibility of foreign business losses, which entered into force on . . .

Asia-Pacific

Taiwan–Saudi Arabia tax treaty enters into force

November 18, 2021

The tax treaty signed by the governments of Taiwan and Saudi Arabia in December 2020 entered into force on November 1, following the necessary exchange of diplomatic notes, according to a November 18 announcement from . . .

Africa

Singapore and Cabo Verde sign tax treaty

November 12, 2021

The Inland Revenue Authority of Singapore announced on November 12 that the governments of Singapore and Cabo Verde on August 12 signed a treaty to eliminate double taxation and . . .

Asia-Pacific

Japan–Serbia tax treaty to enter into force

November 8, 2021

The governments of Japan and Serbia on November 5 completed the necessary exchange of diplomatic notes for the entry into force of the tax treaty between the two countries that was signed in July 2020 and will generally have effect beginning in . . .

Asia-Pacific

Singapore updates tax treaty guide to address arbitration

October 25, 2021

The Inland Revenue Authority of Singapore on October 23 issued a revised edition of its e-tax guide on “avoidance of double taxation agreements” to add guidance on arbitration provisions in Singapore’s double tax treaties.

Digital Economy

Irish Finance Bill 2021 adopts transfer pricing, international tax changes

October 22, 2021

The Finance Bill 2021 released by the Irish government on October 21 sets out legislative changes related to transfer pricing, anti-tax avoidance measures, planned tax treaty ratifications, and various . . .

Platform for Collaboration on Tax shifts priorities in response to global tax deal

October 20, 2021

The Platform for Collaboration on Tax – a joint initiative of the OECD, United Nations, International Monetary Fund, and World Bank Group – is reevaluating its international tax priorities in light of the Inclusive Framework agreement reached . . .

Europe

Italy-France tax treaty’s interaction with parent-subsidiary EU directive

October 19, 2021

Michele Targa, Gatti Pavesi Bianchi Ludovici, discusses the Italian Supreme Court’s September 15 decision on the concurrent application of the Italy-France tax treaty and an EU directive to a dividend distribution by a French-resident subsidiary to its Italian-resident . . .

Asia-Pacific

Ukraine advances tax treaty protocols with Denmark and Qatar

September 30, 2021

Iryna Kalnytska, GOLAW, discusses the Ukraine government’s September 2 publication of a draft tax law ratifying the protocol to the 1996 tax treaty between Ukraine and Denmark, along with the same day signing of a protocol with . . .

Europe

Ukraine Ministry of Finance clarifies general tax consultation on deemed dividends

September 27, 2021

Ivan Shynkarenko, KM Partners, WTS Global, discusses the Ukraine Ministry of Finance’s August 20 approval of, and clarifications to, the general tax consultation covering the application of new rules on deemed dividends’ taxation . . .

Americas

Argentine Supreme Court rules against Molinos in tax treaty abuse case

September 20, 2021

Hernán Ubertazzi, 3D Asesores, discusses Argentina’s Supreme Court’s September 2 endorsement of the Argentine Tax Authority’s position regarding the abuse by Molinos Río de La Plata of the Argentina-Chile double taxation agreement, in a case involving . . .

Asia-Pacific

Australia plans to add 10 new tax treaties in next two years

September 17, 2021

Australia plans to expand its existing network of 45 bilateral tax treaties by entering into 10 new and updated tax treaties by 2023, according to a September 15 announcement from . . .

Asia-Pacific

UK–Taiwan tax treaty protocol signed

September 13, 2021

On September 13, the UK government published an amending protocol to the tax treaty between the UK and Taiwan, which would amend the . . .

Asia-Pacific

Switzerland confirms 5% withholding tax rate for dividends paid to India, expects reciprocity

August 23, 2021

Bijal Ajinkya and Raghav Kumar Bajaj, Khaitan & Co, discuss the Swiss tax authority’s August 13 confirmation that dividends received by an Indian resident from a Swiss company will be subject only to a 5% withholding tax rate in Switzerland, but if India does not reciprocate, the Swiss reserve the right to . . .

Europe

Germany adopts substantial transfer pricing and anti-treaty shopping rule changes

August 20, 2021

Thomas Schänzle, Christian Port, Florian Gimmler, Justus Eisenbeiß, Christian Witthus, Kevin Prashil Brusa and Rabea Lingier, Baker & McKenzie, analyze the far-reaching, practical implications of the amendments to the anti-treaty-shopping provision and transfer pricing rules in Germany’s Withholding Tax Relief Modernization Act (AbzStEntModG), which took effect June 9 . . .

Asia-Pacific

Singapore–Serbia tax treaty enters into force

August 16, 2021

The double tax treaty signed earlier this year between the governments of Singapore and Serbia entered into force on August 16 and will generally have effect beginning in . . .

Emma Hinson Sims on The Pillar One blueprint — the potential future of international taxation and transfer pricing: “HAPPY BIRTHDAY TO A VERY SMART, BEAUTIFUL, YOUNG LADY ON JANUARY 13TH.” January 6 ,2024

David Valdez on US Tax Court resolves Whirlpool tax dispute involving Mexican maquiladora structure: “Greetings Whirlpool Mexico, I’m trying to contact someone involved with the decision making for transportation from all of your Mexican…” October 20 ,2023

Jose Dominguez on The new US international tax rules: what you need to know about GILTI, FDII, BEAT etc.: “Very informative article. Question. Do you have a software to compute these US International Calcs to make them in house?” April 12 ,2023

Ciro César Soriano de Oliveira on Danish High Court rules on beneficial ownership of dividends for tax purposes: “Dear Ms Susi, This article is immensely clarifying. I’d like to know whether Danish Supreme Court has already granted its…” March 24 ,2023

Ciro César Soriano de Oliveira on Danish High Court rules on beneficial ownership of dividends for tax purposes: “Dear Ms. Susi, This article is very clarifying. I wonder whether Danish Supreme Court has already granted its decision referred…” March 24 ,2023

May 19 – 20	Tax Council Policy Institute Conference	Washington, D.C.
May 19 – 20	IFA Second European Region Conference	Milan, Italy
May 24	IFA Webinar Series Pillar Two: An Update	Virtual Event
Sept. 4 – 8	IFA Congress	Berlin