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Tax Disputes

Tax Disputes archive
  • Alternative dispute resolution: Alleviating burdens all round

    August 29, 2014

    The number of tax disputes is increasing rapidly around the world. The trend is encouraging governments to turn to alternative dispute resolution (ADR) in a bid to reduce backlogs in the courts. While ADR is well established in some jurisdictions, in others it is just getting going. Aaran Fronda looks at how ADR has become an increasingly viable solution for resolving tax disputes.

  • Verizon claims IRS arguments are inconsistent in $26 million WorldCom case

    August 29, 2014

    The US Supreme Court is mulling over whether or not to hear WorldCom Inc v. Internal Revenue Service (13-1269), a case that holds the now-obsolete WorldCom (Verizon Communications) liable for millions in excise taxes for its telecommunications services.

  • Indian High Court provides relief for indirect transfer of Indian assets

    August 28, 2014

    The Delhi High Court’s ruling in the Copal Research Limited, Mauritius case is the first on the taxation of the indirect transfer of Indian assets since the previous government’s much talked about amendment following the Supreme Court’s Vodafone decision.

  • New protocol to Canada-UK tax treaty could affect future tax disputes

    August 26, 2014

    Jeffrey Shafer and Ian Caines, of Blake, Cassels & Graydon, explain how the recent protocol to the Canada-UK tax treaty could induce a change in the way taxpayers approach disputes covering the two jurisdictions.

  • HMRC to close EBT settlement initiative

    August 21, 2014

    UK taxpayers have until March 2015 to eliminate employee benefit trusts (EBT) from their tax planning. However, the warning does not apply to every company that has used the technique, advisers say. A settlement initiative for employers who used Employee Benefit Trusts (EBT), as a tax avoidance vehicle will close in seven months’ time, HM Revenue and Customs (HMRC) has announced.

  • TEI raises concerns about Chinese GAAR

    August 21, 2014

    The Tax Executives Institute (TEI) submitted comments to China’s State Administration of Taxation (SAT) regarding its draft of administrative measures on general anti-avoidance rules (GAAR). The group, which represents the interests of in-house tax professionals, expressed concern that the new measures inappropriately expand the scope of GAAR and do not provide clarity to taxpayers.

  • India: High Court rules CCDs are exempt under India-Mauritius DTAA

    August 14, 2014

    The Delhi High Court has decided, in Zaheer Mauritius vs Director of Income Tax, that the sale of compulsory convertible debentures (CCDs) should be classified as capital gains and exempt under the India-Mauritius double tax treaty (DTT). The decision will mean most to real-estate taxpayers who use Mauritius to invest in India.

  • Phase II of AJAC may increase US litigation

    August 13, 2014

    Phase II of the Appeals Judicial Approach and Culture (AJAC) project in the US provides that the Appeals division of the Internal Revenue Service will not accept new cases unless there is at least 365 days remaining on the statute of limitations, but this may lead to more cases heading for litigation.

  • Brazil: Tax amnesty programme applied for Rio de Janeiro

    August 07, 2014

    The amnesty programme allows the waiver or reduction of penalties and interest relating to certain outstanding state tax obligations in a bid to increase tax revenue.

  • Amazon struggles to resolve $1.5 billion dispute with IRS

    August 06, 2014

    The international e-commerce company, Amazon, has failed to resolve elements of its transfer pricing dispute with the Internal Revenue Service (IRS). The case revolves around the retailer’s use of a European subsidiary to reduce its tax bill which, if it loses, could cost the company billions.

  • HMRC to get even tougher on tax avoidance

    August 06, 2014

    New proposals by the UK government to enlarge the scope of its Disclosure of Tax Avoidance Schemes (DOTAS) and VAT Avoidance Disclosure Regulations (VADR) regimes, as well as the drafting of a new financial product hallmark, will increase the number of schemes that could fall prey to controversial accelerated payment powers.

  • Americas Awards nominations released

    August 01, 2014

    The nominations for the Americas Tax Awards, which take place in New York on September 18, have been announced on

  • Argentine Supreme Court disables ARBA’s extra-territorial powers

    July 30, 2014

    The Revenue Department of Buenos Aires (ARBA) attempt to freeze assets in taxpayers’ bank accounts and impose sanctions on financial institutions to obtain account holder information, which lay outside their jurisdiction, is unconstitutional without court approval, the Supreme Court of Justice (SCJ) has decided.

  • New dispute resolution rules put added strain on SARS

    July 30, 2014

    South Africa’s new dispute resolution rules are a step in the right direction to ensuring that taxpayers are treated fairly when in conflict with the South African Revenue Service (SARS), but the revenue authority may struggle to meet the demands of the new provisions.

  • Brazil: Federal government revokes COFINS tax exemption on sale of share and quota investments

    July 25, 2014

    Foreign investors that are unfamiliar with Brazilian tax legislation may find it unusual, but Brazilian taxpayers have long been used to a system that imposes taxes on corporate revenues as well as on corporate profits.

  • Tullow Oil launches appeal against Ugandan tax authorities

    July 24, 2014

    Oil and gas exploration company, Tullow Oil, has lost a case in the Ugandan Tax Appeals Tribunal (TAT) over a disputed capital gains tax (CGT) assessment of almost $500 million. The tribunal questioned the legality of a CGT exemption granted by the country’s former energy minister.

  • ECJ rules Danish tax system violates freedom of establishment over recapture of losses

    July 23, 2014

    Nordea Bank receives a favourable ruling in the European Court of Justice (ECJ), after Denmark’s recapture of losses rule is found in breach of EU freedom of establishment.

  • Chinese authorities offer greater guidance on GAAR

    July 16, 2014

    China’s State Administration of Taxation (SAT) published its discussion draft on ‘Administrative Measures on the General Anti-Avoidance Rule (GAAR)’ this month, which outlines key principles and procedural guidelines for its implementation, but there is still more work to be done.

  • EU VAT Forum paves the way to greater harmonisation

    July 16, 2014

    The European Commission’s pilot scheme looks to improve the framework for resolving cross-border VAT disputes, and while the project is making some positive strides in harmonising EU VAT, it requires better communication if it is to succeed.

  • Portuguese tax arbitration court qualifies as valid in EU

    July 16, 2014

    The European Court of Justice (ECJ) has ruled in favour of the admissibility of requests for preliminary rulings submitted by the Portuguese Tax Arbitral Court.

  • UK tax authority to acquire new controversial powers

    July 16, 2014

    HM Revenue & Customs (HMRC) will be granted the authority to issue ‘follower’ and ‘accelerated payment’ notices when the Finance Bill comes into effect later this month, forcing users of disclosed tax avoidance schemes to concede on tax disputes and make payments upfront to the revenue pending appeal.

  • HMRC blurs line between what is and is not sensible tax planning

    July 10, 2014

    The HM Revenue & Customs’ tax assurance commissioner, has released his annual report, outlining how the UK tax authorities has resolved disputes in the last 12 months, but while positive steps have been taken to work more collaboratively with big business, the authority still needs to provide greater clarity for taxpayers.

  • Mexican Supreme Court states that pro-rata expenses may be deductible

    July 10, 2014

    According to the Mexican Income Tax Law (MITL), the expenses made with foreign related parties, on a pro-rata basis, are not deductible. However, a recent decision from the country’s Supreme Court means those expenses may now be deductible in certain circumstances.

  • Dan Rosen leaves IRS for Baker & McKenzie in New York

    July 09, 2014

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International Tax Review Profile

RT @hmtreasury: Autumn Statement will take place December 3, the Chancellor has announced #AS2014

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@alantsen Yes. It appears WTAS believes prospective clients will not know or disregard any association with the past #andersentaxisback

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Arthur Andersen Name Returns Decade After Firm’s Collapse via @BloombergNews Now that's a thing you thought was gone

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Kelly Stricklin-Coutinho joins Thirty Nine Essex Street

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Leading names in UK #tax bar form new chambers #PhilipBaker #PatrickSoares #PatrickWay #ImranAfzal

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Which possible outcome of the G20 / OECD BEPS project would carry the biggest fear for your company?