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Zheng Li and Ted Keen, of CRA International’s London transfer pricing practice, argue that taxpayers can anticipate greater scrutiny

Philippe Durand The European Court of Human Rights (ECHR) recently judged that a provision of the French Tax Code allowing the French tax administration (FTA) to carry out a search in any place of business is incompatible with article 6.1 of the European Convention (February 21 2008; n°18497/03; 3rd section, Ravon and others).

Kevin Zimka Lisa Eastwood On September 21 2007, Canadian minister of finance Jim Flaherty and US secretary of the Treasury Henry Paulson signed the fifth protocol (the protocol) to the Canada-US Income Tax Convention (the treaty). The protocol amends the treaty to provide for Canada's first limitation on benefits (LOB) provision in any of its tax treaties. Previously the LOB provision in the treaty only applied to the application of the treaty by the US. The new LOB provision is intended to address perceived treaty shopping, by ensuring that Canadian residents can only obtain full benefits of the treaty where they meet the criteria to be a "qualifying person" (there are noted exceptions to this rule).

Sweden is an interesting alternative to the more traditional holding company locations, say Carl Pihlgren and Sara Bolmstrand of Ernst & Young

Turlough Galvin

Rajendra Nayak Ganesh Pai The Uttarak-hand high court (HC) in the case of Sedco Forex International Inc vs CIT (reported in 214 CTR 192) examined the taxability of mobilisation fee received by a non resident taxpayer (taxpayer). The taxpayer had entered into an agreement with an Indian company for supply and operation of drilling units/rigs on hire and for providing personnel for operating such units. Under the provisions of section 44BB of the income-tax Act, 1961 (Act), 10% of the aggregate amount received by a non-resident taxpayer for providing services and facilities in connection with the supply of plant and machinery on hire, which is used in the prospecting for or extraction or production of mineral oil in or outside India is deemed to be profit on which tax is payable. Section 44BB of the Act is a fictional taxing provision which 'deems' certain amounts as income, for bringing the same under the tax net. The taxpayer was assessable to tax under section 44BB of the Act.

Berwin Leighton Paisner (BLP) has appointed Michael McKenna as partner in the firm's tax practice. McKenna joins from Goldman Sachs International where he was tax counsel advising on all aspects of their businesses and transactions outside of the USA.

Rahul Krishna Mitra, partner in PricewaterhouseCoopers India, says that the Indian tax authorities need to catch up with the rest of the world on transfer pricing

Werner Stuffer argues that Germany's recent tax reform is a missed opportunity. Joanna Faith spoke to him about the challenges he faces in dealing with revenue authorities as Siemens' vice president of international tax

Samir Haouari Veerle Coussee In the framework of the 2008 budget discussions, the Belgian federal government has the intention to subject the sale of land in certain circumstances to VAT (21%). This implies a significant change in the current legislation, which foresees that the sale of land is under any circumstances exempt from VAT but subject to registration duties (10% or 12.5%, depending on the competent region). As the application of VAT in principle implies an exemption from registration duties, the regions will have to limit their scope of competence to impose registration duties on the sale of land.