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Tax Disputes Archive

  • December 2012

    Australia amends Petroleum Resource Rent Tax after Esso dispute

    December 18, 2012

    The Australian government is amending the Petroleum Resource Rent Tax (PRRT) to dispel uncertainty created by the Full Federal Court’s decision in the Esso Australia Resources case.

  • Disputes in 2012: where the tax authorities succeeded

    December 18, 2012

    Taxpayers often learn just as much from defeats in the courtroom as from their victories. While decisions against the revenue authorities vindicate the positions companies take over their planning or structuring, losses help taxpayers to identify areas of greatest future risk and where the authorities are most likely to focus their attention.

  • Swedish court bucks trend by ruling to tax carried interest

    December 18, 2012

    Sweden’s Administrative Court has ruled that carried interest should be taxed as employment income, but, in one adviser’s view, private equity executives should not fear as it is unlikely to be a position followed by other jurisdictions.

  • Australian High Court broadens concept of share capital account

    December 13, 2012

    Australia's High Court delivered a decision in the Consolidated Media Holdings case which gives a broader meaning to the concept of share capital account.

  • Court of Appeal ruling in Secret Hotels confirms economic over contractual VAT approach

    December 13, 2012

    Taxpayers cannot rely on a contractual analysis of their arrangements for determining VAT liability but must focus on the economic reality, the England and Wales Court of Appeal’s decision in the Secret Hotels 2 (Secret Hotels) case has shown.

  • Senate Finance Committee chairman backs judge nominees for US Tax Court

    December 13, 2012

    The chairman of the Senate Finance Committee, Max Baucus, is urging its members to approve the nominations of Ronald Buch and Albert Lauber to be new judges on the US Tax Court.

  • Top five tax rulings for multinationals in 2012

    December 13, 2012

    The tax disputes year started with a bang with the Indian Supreme Court ruling in favour of Vodafone, the UK telecommunications multinational, in a $2.5 billion dispute over an indirect transfer of shares. The decision grabbed the attention of taxpayers worldwide.

  • UK draft amendments to exit tax regime may not be EU-compliant

    December 13, 2012

    Amendments to the UK’s exit tax regime announced in the draft Finance Bill 2013 this week do not go far enough to comply with EU case law, according to some advisers.

  • Advocate General says holding companies can join VAT groups

    December 06, 2012

    An Advocate General of the European Court of Justice (ECJ) has released an opinion regarding inclusion of non-taxable persons in VAT groups that will be welcomed by taxpayers and revenue authorities.

  • Coping with tax controversy in Canada

    December 06, 2012

    The Canada Revenue Agency (CRA) is narrowing its audit focus, and will be paying more attention to large taxpayers in specific industries undertaking higher-risk transactions in 2013. Paul Lynch and Gerald Grenon, of KPMG, look at how taxpayers should respond.

  • Indian ITAT allows strategic dividend distribution in Maersk case

    December 06, 2012

    India’s Income Tax Appellate Tribunal (ITAT), Kolkata bench, ruled that distributing dividends immediately before a share sale to reduce capital gains tax liability is acceptable tax planning. But, changes to India’s capital gains tax regime for non-residents mean the scheme will only benefit some taxpayers.

  • US Court of Appeals Aloe Vera case raises information exchange fears

    December 06, 2012

    A case about the misuse of tax information exchanged between the US and Japan, which appeared before the US Court of Appeals for the Ninth Circuit recently, raises serious questions about what remedies taxpayers will have if their information is misused under FATCA.

  • Canadian Federal Court rules on solicitor-client privilege

    December 05, 2012

    Sabrina Wong and Atbin Dezfuli, of Blake, Cassels & Graydon, analyse a recent Federal Court of Canada decision to protect a taxpayer’s documents from the Canada Revenue Agency (CRA) on the basis of solicitor-client privilege (SCP).

International Correspondents