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Tax Disputes

Tax Disputes archive
  • 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 www.internationaltaxreview.com.

  • 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

  • Germany loses capital duty argument in European Court of Justice

    July 04, 2014

    EU member states are not entitled to a share of the fees, in the form of capital duty, from the work carried out by one of its notaries to convert a capital company into a different type of capital company, the European Court of Justice (ECJ) has decided.

  • European Tax Awards 2014

    July 01, 2014

    The winners of the European Tax Awards 2014 were announced at a dinner in London on May 21.

  • Marzen Aluminum ruling based on structuring rather than pricing

    July 01, 2014

    In the first decision of its kind, the Tax Court of Canada ruled that while Marzen Artistic Aluminum provided sales and marketing staff to Starline International at arm's-length, the documentation provided was insufficient.

  • Taxpayers can question IRS about possible bad faith

    June 27, 2014

    Taxpayers can question the US Internal Revenue Service (IRS) about why it has issued a summons if they have reason to believe that bad faith was involved.

  • Indian FM Jaitley steps back from Vodafone tax disputes

    June 26, 2014

    Arun Jaitley, the Indian finance minister, has delegated responsibility for oversight of the Indian tax disputes involving Vodafone because he advised the company on tax issues during his legal career.

  • Indirect Tax Leaders 2014 now available

    June 23, 2014

    The third edition of International Tax Review's Indirect Tax Leaders' Guide, is all about identifying the leading professionals in this field, which is only increasing in importance. Between its covers, you will find the names, and biographies in many cases, of the world's leading indirect tax practitioners, which were collected after an independent research process. It should give taxpayers confidence that if they decide to hire any of these individuals, they will be getting the best in the field.

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