The Contents of Intertax, Volume 52, Issue 03, 2024
Kluwer International Tax Blog
by Ana Paula Dourado (General Editor of Intertax)
1w ago
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Irma Mosquera Valderrama, Throughput Legitimacy of the Peer Review Process of the Four Beps Minimum Standards: A Case Study This article focuses on the Base Erosion Profit Shifting (BEPS) Project and more specifically on the peer review of the four BEPS minimum standards. The first part of this contribution introduces the analysis of this process in the context of a case study of seven countries participating in the BEPS Inclusive Framework: Cameroon, Congo, Costa Rica, Ja ..read more
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Anti-profiteering Provisions under Indian GST: Despite Judicial Blessing, the Government must reconsider its stance
Kluwer International Tax Blog
by Mukesh Butani (BMR Legal), Shankey Agrawal (BMR Legal) and Shreya Wadhara (BMR Legal)
2w ago
Introduction The anti-profiteering law[1] under the Goods and Services Tax law (‘GST’) in India has been a subject matter of debate since the time GST was introduced. More than a hundred petitioners challenged the constitutional validity of the anti-profiteering provision by virtue of a petition before the Hon’ble Delhi High Court (‘DHC’). At the conclusion of several months-long proceedings, the decision was finally pronounced by the Court on January 29, 2023, by upholding the constitutional validity of the Anti-Profiteering provisions and approving a wide discretionary power to determine the ..read more
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The Contents of Highlights & Insights on European Taxation
Kluwer International Tax Blog
by Giorgio Beretta (Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University)
2w ago
Highlights & Insights on European Taxation Please find below a selection of articles published this month (February 2024) in Highlights & Insights on European Taxation, plus one freely accessible article. Highlights & Insights on European Taxation (H&I) is a publication by Wolters Kluwer Nederland BV. The journal offers extensive information on all recent developments in European Taxation in the area of direct taxation and state aid, VAT, customs and excises, and environmental taxes. To subscribe to the Journal’s page, please click HERE Year 2024 ..read more
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Announcing the new Managing Editor of Kluwer International Tax Blog – Prof. Dr. Svetislav. V. Kostic
Kluwer International Tax Blog
by Svetislav V. Kostić (Managing Editor) (University of Belgrade, Faculty of Law)
3w ago
AN INTRODUCTION IS IN ORDER As the new Managing Editor of the Kluwer International Tax Blog I have been asked to introduce myself to our audience.  Such an invitation is also an opportunity for self-reflection. I entered the world of tax 20 years ago.  On 1 March 2004, soon after graduating from the University of Belgrade Faculty of Law, I began my professional career as a consultant with Deloitte Serbia.  Immediately I fell in love with my work and to be honest the feeling has not left me since.  Although age does curtail our passions, I still feel the same excitement I fe ..read more
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The UN Proposal on Revision of Article 8 – Focus Airlines: Critical analysis and our take on whether it is in the Interest of Developing Countries?
Kluwer International Tax Blog
by Vikram Chand (Editor) (Tax Policy Center of the University of Lausanne, Switzerland) and Kinga Romanovska (Tax Policy Center of the University of Lausanne, Switzerland)
1M ago
What is the current Tax Framework under the UN Model for Taxation of International Shipping and Airline-related income? The current version of the United Nations Model Double Taxation Convention between Developed and Developing Countries (“UN Model 2021”)[1] offers two alternatives under Article 8. Alternative A aligns with the OECD Model Tax Convention on Income and Capital (OECD Model 2017)[2], advocating for the exclusive taxation rights of the Residence State over income derived from the operation of ships and aircraft in international traffic. The commentary on the UN Model provides tha ..read more
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The Contents of Intertax, Volume 52, Issue 02, 2024
Kluwer International Tax Blog
by Ana Paula Dourado (General Editor of Intertax)
1M ago
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Alice Pirlot, Climate Clubs: An International Tax Law Perspective Global carbon pricing has often been portrayed as an interesting idea that will never be implemented due to political hurdles. Yet, this description is being challenged: growing political support for climate clubs suggests that a global carbon price might become reality in the future. This article investigates the conditions for the adoption and implementation of a climate club based on a global carbon price ..read more
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Tax Reform in Brazil and the unique Federal arrangement to implement its Dual-VAT
Kluwer International Tax Blog
by Melina Rocha Lukic (York University, Canada)
1M ago
Melina Rocha[1] The long-awaited tax reform to implement a VAT system in Brazil was finally enacted after more than 35 years of discussions and several failed attempts. The main issue that prevented its approval since the late 80’s was the conflict of interest between the Federal entities. Brazilian Constitution shares the jurisdiction to tax consumption between the three levels of government – Federal, State and Municipal. Under the current system, the jurisdiction is shared by fragmenting the tax base: while the Federal government levies broad-base taxes on business turnover (PIS/COFINS) and ..read more
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A domino peer at India’s Interim Budget 2024: Lynchpins, headwinds and prospects for the future
Kluwer International Tax Blog
by Mukesh Butani (BMR Legal), Seema Kejriwal (BMR Legal) and Pranoy Goswami (BMR Legal)
1M ago
Buoyed by a transcendental approach to propel India towards “all-round, all-pervasive, and all-inclusive development”[1], India’s Finance Minister, Ms Sitharaman heralded the interim budget, reinvigorating the twin-peaks of good governance and maximum results. The outlook of the government is ubiquitous, with 2024 being an election year as India readies itself to go to the polls. The vigour of the government to extend a principle-and-promise-driven budget to its populace is a harbinger for considerations post the mandate. Geopolitically, India’s size, the demographic dividend expected from its ..read more
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Stock lending -beneficial ownership and tax avoidance- again!
Kluwer International Tax Blog
by Jonathan Schwarz (Temple Tax Chambers; King’s College London)
1M ago
Although the meaning of beneficial ownership in tax treaties first burst onto the scene in Indofood International Finance Ltd v JP Morgan Chase Bank N.A. London Branch [2006] EWCA Civ 158  and, for the first time in Canada in Prévost Car Inc. v R 2008 TCC 231, (affirmed 2009 FCA 57), its meaning and application continues to throw up controversy. Much judicial and academic ink has been spilt on the subject. The latest Tax Court of Canada decision in Husky Energy Inc. v The King, 2023 TCC 167 (CanLII), considers beneficial ownership in relation to the common market practice of stock or secu ..read more
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The Global Minimum Tax and Its Impact on the Oil & Gas (O&G) Industry
Kluwer International Tax Blog
by Alessandro Bacci (Senior petroleum legal analyst, S&P Global)
1M ago
Introduction In Fall 2021, almost 140 members of the Organisation for Economic Cooperation and Development (OECD) / Group of Twenty (G20) Inclusive Framework (IF) on Base Erosion and Profit Shifting (BEPS) — a framework for tackling tax planning strategies — agreed on a two-pillar solution, Pillar One and Pillar Two, to address the challenges arising from the digitalization of the economy. The O&G industry should be excluded from Pillar One, which focuses on where companies pay taxes. Conversely, Pillar Two, via the Global Anti-Base Erosion (GloBE) Rules, introduces a 15% global minimum ta ..read more
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