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Law firm Allen & Overy has promoted Patrick Mischo to tax partner.

Paul Chambers Samantha Nonnenkamp A circular has recently been issued by the Luxembourg tax authorities to clarify the conditions necessary for applying the 80% corporate income tax exemption on revenue from intellectual property. This regime has been in place since 2008 and applies not only to current income derived from certain IP but also to capital gains realised on the disposal of such IP rights.

Rajendra Nayak Ganesh Pai The supreme court in the case of Eli Lilly (2009-TIOL-45-SC-IT), recently examined certain issues relating to applicability of withholding tax provisions under the Indian tax law (ITL) to overseas salary payments. Eli Lilly, Netherlands seconded expatriate employees to be employed with Eli Lilly India, its joint venture in India. These employees received home salary outside India in foreign currency. Taxes were withheld by Eli Lilly India on the India component of the salary paid by Eli Lilly India. However, no taxes were withheld on the salary paid by Eli Lilly Netherlands in the home country. The salary recipients (the expatriates) discharged the India tax obligation in respect of home country receipts by way of advance tax/self assessment tax. Total remuneration received by the expatriates was on account of services rendered in India. The main issue before the supreme court was whether withholding tax provisions of the ITL are applicable to payments in the nature of salary which are paid outside India by a foreign company to expatriates who are rendering services in India.

Sarah Davidson Ladly Chris Van Loan On February 26 2009, the Federal Court of Appeal upheld the decision of the Tax Court of Canada in the case of Prévost Car Inc v The Queen. The case concerned whether a Netherlands holding company (BV) was the beneficial owner of dividends paid by its Canadian subsidiary for purposes of the Canada-Netherlands income tax convention.

Christoph Besch Björn Viebrock Jens Hagemann The Bundesrat finance committee has recommended relaxation of two highly controversial tax provisions, the interest limitation and the loss carry-forward curtailment on a significant change of shareholders, in order to support German businesses threatened during the financial downturn.

Janne Juusela The government has introduced a bill to double the maximum amount of depreciation allowances concerning the acquisition costs for fiscal years 2009 and 2010 arising from the introduction of new buildings, devices and equipment on production activities in 2009 and 2010.

A monthly commentary on the notable facts, figures and goings-on in the tax world, so called to give you a gentle exit from International Tax Review each month.

Diane Hay, former deputy director, CT & VAT and head of the Transfer Pricing Group at HMRC tells Catherine Snowdon about some of the main difficulties she tackled while at the revenue authority and part of working party 6, offers taxpayers an insight into how transfer pricing cases are selected in the UK and talks about the future of transfer pricing.

Andrés Edelstein Ignacio Rodríguez Through the enactment of decree 2014/2008 and resolution 1312/2008, the Argentine government implemented new promotional measures for the oil and gas industry sector with the aim of encouraging the oil production and the increase of oil reserves as well as fuel and/or gasoline production.

Nélio Weiss Philippe Jeffrey The Brazilian central bank issued circular number 3442 on March 3 2009. The circular updated the requirements for individuals and corporate entities resident, domiciled or with its headquarter in Brazil, to report annually to the central bank their receivables of any nature, assets in currency and assets and rights maintained abroad (such requirements were previously covered by circular number 3384 for calendar year 2007).