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May 22, 2013
In the third of his four-part series for International Tax Review, Donald Bowman QC, former Chief Justice of the Tax Court of Canada, now counsel to Dentons’ national tax group, discusses the increased use of expert testimony in disputes involving tax treaty interpretation.
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May 22, 2013
The UK Supreme Court dismissed HM Revenue & Customs’ (HMRC) appeal in the first part of its judgment in the Marks & Spencer (M&S) dispute. The court’s answer means taxpayers will have more flexibility when claiming cross-border group relief.
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May 20, 2013
International Tax Review has produced tax disputes reference guides for 26 countries. The guides look at how multinationals can avoid and manage tax disputes in each jurisdiction as well as offering insight about the future litigation strategies of individual tax authorities.
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May 16, 2013
The Supreme Court of the Netherlands has delivered a judgment which allows a Dutch taxpayer to deduct losses incurred on a related party loan, creating an exception to the shareholder loan doctrine set out by the court in November 2011.
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May 16, 2013
Germany’s intent to incorporate mandatory binding arbitration provisions in current and future double taxation agreements (DTA) should allow taxpayers to eliminate the risk of double taxation in cross-border cases and help them exert pressure on tax authorities to reduce the length of disputes.
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May 16, 2013
Taxpayers with a permanent establishment (PE) in India can use a profit attribution method described in the Delhi Income Tax Appellate Tribunal’s (ITAT) Convergys judgment to guide their behaviour in what remains an area of legal uncertainty in India.
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May 15, 2013
Venture Capital Trusts (VTC) and Investment Trust Companies (ITC) risk losing out on reclaiming VAT mistakenly paid to HM Revenue & Customs (HMRC) if they do not act now.
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May 14, 2013
There is a new federal programme which promises a fresh landscape for tax benefits in Brazil.
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May 13, 2013
In the second of his four-part series for International Tax Review, Donald Bowman QC, former Chief Justice of the Tax Court of Canada, now counsel to Dentons’ national tax group, examines the use of expert witnesses in transfer pricing cases and in giving valuation opinions.
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May 10, 2013
In a ruling handed down May 6, 2013, Canada's Federal Court of Appeal ordered that portions of a Crown pleading be struck out on Monday for suggesting that a tax deduction may be disallowed on the basis that the conduct of the taxpayer in incurring the expense was egregious or repulsive.
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May 09, 2013
The European Commission is renewing its inquiry into tax benefits provided to Electricité de France (EDF) by the French government despite the European Court of Justice (ECJ) finding in the taxpayer’s favour last June.
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May 09, 2013
The Finnish government is asking India to enter a mutual agreement procedure (MAP) under the tax treaty between the two countries in an attempt to negotiate a settlement over Nokia's controversial INR 2,000-crore ($368.8 million) tax bill.
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May 09, 2013
Donald Bowman QC, former Chief Justice of the Tax Court of Canada, now counsel to Dentons' national tax group, discusses how taxpayers and their counsel can most effectively use expert witnesses in a Tax Court trial.
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May 09, 2013
Brazilian taxpayers are left with several options following the Supreme Federal Court’s (STF) judgment on the constitutionality of the controlled foreign company (CFC) rules last month, advisers say.
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May 07, 2013
Last month, the Mexican Supreme Court of Justice (MSCJ) solved several appeals of constitutional rights filed against Article 32, Section XVII, of the Mexican Income Tax Law (MITL).
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May 07, 2013
Fernando Lorenzo Salazar, of PwC Mexico, explains how taxpayers can make the most of Mexico’s tax amnesty programme (TAP) to settle their disputes.
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May 02, 2013
Deborah Toaze, of Blake, Cassels & Graydon, looks at what a Federal Court (Canada) (FC) ruling means for the Canada Revenue Agency’s (CRA) ability to obtain foreign-based information from taxpayers.
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May 02, 2013
The Income Tax Appellate Tribunal (ITAT), Mumbai bench recently delivered an important ruling in the case of Aurionpro Solutions Limited (ASL) on applicability of transfer pricing provisions to business advances granted by Indian parent companies to offshore subsidiaries and related aspects.
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May 02, 2013
Foreign investors were given helpful guidance on how to value assets for capital gains tax purposes by the Federal Court of Australia’s ruling in favour of Resource Capital Fund III (RCF) last week.
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May 02, 2013
The European Court of Justice’s (ECJ) decision that Spanish companies transferring assets to another EU member state can defer exit tax payment was unsurprising given the court’s rulings in National Grid Indus and Portugal v Commission. But advisers say the ECJ is leaving important questions unanswered.
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May 01, 2013
Top holdings can be included in a VAT group in the Netherlands after the European Court of Justice (ECJ) ruled in favour of the Dutch government. The ruling could lead to other non-taxable persons being included in the VAT group.
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May 01, 2013
The UK Supreme Court unanimously dismissed motor breakdown insurance provider WHA’s appeal over the recovery of VAT on car repair services this morning, agreeing with an earlier decision by the Value Added Tax and Duties Tribunal.
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April 25, 2013
60 SECOND READ: International Tax Review talks to Felipe Dominguez, of PwC – Chile, about how to handle tax controversy in the jurisdiction.
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April 25, 2013
Firat Yalçin, of Pekin & Pekin, outlines the tax dispute resolution options for multinationals in Turkey.
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April 25, 2013
Through its inclusion in the CIVET (Colombia, Indonesia, Vietnam, Egypt and Turkey) group of countries, Vietnam is being touted as one of the world’s most attractive future investment locations for multinationals and the country’s government is rapidly trying to align its tax system with those of developed countries.
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April 18, 2013
Ireland has won a case (C-85/11) in the European Court of Justice (ECJ) against the EU Commission over allowing holding companies and other non-taxable persons to be included in VAT groups.
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April 18, 2013
The UK Supreme Court heard the case this week after the Court of Appeal previously ruled in favour of the taxpayer.
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April 18, 2013
Bank of New York Mellon’s first-quarter results yesterday shows the direct hit a company can take to its profits when it loses a tax dispute in court.
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April 11, 2013
The Supreme Federal Court (STF) of Brazil resumed its judgment in the case set to decide the constitutionality of the country’s controlled foreign company (CFC) rules yesterday and confirmed an injunction meaning mining multinational Vale will not have to pay its R30.55 billion ($15.09 billion) tax assessment until the court has made further analysis.
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April 10, 2013
The European Court of Justice (ECJ) yesterday ruled that non-taxable entities such as holding companies are permitted to join VAT groups, dismissing an action brought by the European Commission against Ireland and confirming a solution to BAA’s (now Heathrow Airport Holdings) England and Wales Court of Appeal defeat in the process.