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  • The new tax regime for patents in the UK may not offer a lower rate than similar rules in other countries, but, for reputational reasons, it may have more advantages, writes Mary Ashley.
  • Freshfields Bruckhaus Deringer has named David Haworth as the new head of its tax practice in London, succeeding Sarah Folk. Haworth, a former investment banker, works with UK and foreign clients, primarily in the financial services sector. He specialises in advising on the tax aspects of complex financing transactions, derivatives, debt and equity capital markets work and disputes with tax authorities.
  • Arantxa De Luis The Spanish legislation exercising the powers granted by article 199 of Directive 2006/112 on the common system of VAT has included, with effect from October 31 2012, three new cases on which the VAT reverse charge mechanism applies for certain real estate transactions. With this amendment, the legislation intends to avoid the detriment that arises for the public purse in these transactions if the VAT is not paid over to the Treasury (or is paid late – deferrals, insolvency situations) but is already deducted by the recipient of the goods and/or services. These three new cases of reverse charge come to sum up to that introduced in 2011 as a result of the reform of the Insolvency Law, in connection to supplies of properties made as a result of an insolvency proceeding.
  • Daniel Harrison In an effort to avoid the double taxation of international income and thus promote foreign direct investment, Laos has concluded double taxation agreements (DTAs) with 12 countries to date – the most recent of which was with Luxembourg on November 4 2012, the first EU member to do so. The Laos-Luxembourg DTA is pending ratification, but it is understood that it will offer a maximum dividend withholding tax rate of 5% where at least 10% of the shares are directly held.
  • David Cuéllar
  • Cynthia Herman The Myanmar government announced a new round of bids on January 17 2013, giving oil and gas companies two months in which to submit their expression of interest.
  • A monthly commentary on the notable facts, figures and goings-on in the tax world.
  • Thuan Pham Vietnam is a country with a high volume of imports and exports, many of which are transported by sea. For this reason, most of the leading international shipping lines have been present in Vietnam for years via shipping agencies, forwarding agents and other commercial representatives. Vietnam's income tax regulations impose tax on foreign carriers for outbound transactions only. In addition, most of Vietnam's double taxation agreements (DTAs) have a clause on international traffic that gives the right to tax to the home country where the carrier is a resident. Given this, it seems that most foreign carriers should be exempt from tax in Vietnam on the income generated from international ocean traffic. However, the complexity of international transportation activities and a cumbersome process to apply for DTA exemption discourage many taxpayers from taking advantage of this benefit. There is often a long waiting period while the tax authority assesses the dossiers and comes to a final decision regarding DTA exemption. Now, in an effort to simplify the DTA notification process and assist taxpayers (ocean carriers) with tax treaty benefits, the Ministry of Finance (MOF) has drafted an official ruling for collection of opinions from experts.
  • Brendan Kelly and Jinghua Liu, of Baker & McKenzie, explain how the issuance of Notice 698 in China has impacted tax planning for global operations and the way deals must be structured and negotiated
  • Tax litigation and controversy specialist Steven Dixon has been elected as a new member in Miller & Chevalier's Washington, DC office.