US Court of Appeals ruling sheds light on debt vs equity A ruling by the US Court of Appeals for the Fifth Circuit concerning the transfer of funds from a closely held company to its sole board member provides valuable lessons... By Joe Dalton August 23 2012
India’s AAR rules on taxing PEs in Geondata case India’s Authority of Advance Ruling (AAR) has delivered a judgment which deviates from a High Court precedent, meaning foreign companies must carefully analyse the tax treatment of Indian permanent establishments... By Joe Dalton August 23 2012
Australia commits to improve alternative dispute resolution Taxpayers can look forward to earlier, more cost effective dispute resolution after the Australian Taxation Office (ATO) agreed to several recommendations in a recent report published by the Inspector-General of... By Joe Dalton August 02 2012
AAR’s ruling on India-Mauritius treaty may not stop future GAAR challenges India’s Authority for Advance Rulings (AAR) has said a Mauritius tax residency certificate is sufficient to benefit from the India-Mauritius double taxation avoidance convention, but taxpayers may only be safe... By Joe Dalton August 02 2012
How to survive a French tax dispute France’s recently elected Socialist government has already announced new tax policies aimed at large companies, with changes to anti-abuse and controlled foreign company rules likely to lead to more tax... By Joe Dalton July 26 2012
Why the ECJ’s Deutsche Bank ruling is not all bad for fund managers The European Court of Justice (ECJ) dealt a blow to discretionary fund managers (DFMs) in the Deutsche Bank case last week when it said they must charge VAT on their... By Joe Dalton July 26 2012
Canada’s analysis in Sommerer case sets important tax treaty precedent A recent judgment by Canada’s Federal Court of Appeal (FCA) found in favour of an individual taxpayer against the Canada Revenue Agency’s (CRA) attempts to tax gains realised from a... By Joe Dalton July 26 2012
FII Group Litigation opinion opens door for ECJ ruling reversal An Advocate General of the European Court of Justice (ECJ) released an opinion last week which gives the court the option of reversing its original decision in the Franked Investment... By Joe Dalton July 26 2012
Supreme Arbitration Court’s ruling in Polymetal case hits Russian mining companies Polymetal, a Russian gold and silver producer, has said its defeat in a transfer pricing case last week could affect the tax efficiency of hedging instruments related to sales of... By Joe Dalton July 19 2012
ECJ refers Littlewoods VAT case back to the UK The long-running VAT dispute between Littlewoods and HM Revenue & Customs (HMRC) has been transferred back to the UK following a ruling from the ECJ. By Joe Dalton July 19 2012
