Search results for

Alan Connell Catherine O'Meara The recent high profile relocation of certain multinationals to Ireland has focused attention on the attractiveness of Ireland's holding company tax regime. Ireland has continually enhanced this regime so that it now has an exemption from Irish capital gains tax on the disposal of qualifying shareholdings; a unilateral foreign tax credit system together with an onshore pooling of excess foreign tax credits; significant withholding tax exemptions; no specific CFC legislation or thin capitalisation rules; and no capital duty. In addition, finance act 2008 introduced new rules on the taxation of dividend income.

Rajendra Nayak Ganesh Pai The Authority for Advance Rulings (AAR) in India in the case of Dell Interna-tional Services India v CIT (2008-TIOL-09-ARA-IT) recently examined the taxability of fixed recurring charges paid to a non-resident for the use of telecom bandwidth services. The applicant in this case was an Indian company which was mainly engaged in the business of providing call centre, data processing and information technology support services to its group companies. The applicant through its parent company, Dell US, entered into an agreement with BT America (FCo) for receiving a two-way transmission of voice and data services through telecom bandwidth, on payment of fixed monthly recurring charges. The applicant sought a ruling on whether the recurring charges paid to FCo would be taxable in India.

Bryan Bailey Sarah Davidson Ladly On September 21 2007, Canada and the US signed the fifth protocol (the protocol) to the Canada-US income tax convention (the treaty). The protocol contains a number of significant amendments to the treaty, including the elimination of withholding tax on most cross-border interest payments (including, on a gradual basis, payments to related persons), the addition of a new limitation on benefits provision and the addition of rules affecting the use of certain hybrid entity structures.

Nicolas Jacquot France took over the EU rotating presidency in July for six months, and three items were particularly high on its agenda in the indirect tax area.

The Textron and Regions cases highlight that taxpayers need a plan for protecting sensitive documents, believe Robin Greenhouse and Kevin Spencer of McDermott Will & Emery

Glaucia Maria Lauletta Frascino and Maria Isabel Tostes da Costa Bueno of Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados reveal the changes for the tax system in a new constitutional bill

The decision in the Datatronic case may have gone with the taxpayer, but there are a number of reasons why others in a similar position should not celebrate just yet, say Chris Abbiss and Nigel Hobler of KPMG

A new exchange of information law should help Cyprus as it tries to extend its network, believes Rutger Kriek of Consulco

By Joanna Faith

By Joanna Faith