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  • Sociedade de Avogados
  • European Commission plans to modernize company taxation in the EU have received a mixed response. The Commission and other proponents of the plans claim that they will cut compliance costs for companies operating in more than one European country and boost cross-border investment. Critics argue that the plans are another step towards tax harmonization and are unrealistic.
  • The Federal Tax Court has handed down its most important decision yet on German transfer pricing law. Dated October 17 2001 and released in electronic form in mid-November 2001, the new judgment decides an appeal of a December 1998 decision by the Düsseldorf Tax Court that attracted attention primarily because of the lower court's rejection of the use of so-called secret comparables in transfer pricing litigation (see articles in International Tax Review by Alexander Vögele, July/August 1999, p9, and by Thomas Borstell and Michael Prick, April 1999, p9). In May 2001, an interlocutory ruling by the Federal Tax Court in the same matter signalled the high court's unwillingness to uphold the transfer pricing documentation requirements that had been proposed by the German tax authorities (see article by Alexander Vögele and William Bader in International Tax Review, September 2001, p45).
  • In a recent Norwegian Supreme Court ruling, the court decided that a Swedish company was liable to Norwegian tax on income deriving from catering services rendered to an offshore platform by a Norwegian subcontractor.
  • Shearman & Sterling has raided firms across the globe to boost its international tax practice. In late November the firm announced four lateral partner hires spanning New York, London and Germany.
  • Last month's publication of the OECD's progress report on harmful tax practices has received a tepid response from havens and member countries. The delayed report contained changes to the organization's project aimed at eliminating harmful tax practices amongst tax havens and creating a level playing field.
  • US importers have traditionally met with little success when challenging unfavourable rulings by the US Customs authorities. The decision in Mead represents an important challenge to this state of affairs. By Damon Pike and Giovanni DiCenso, of Deloitte & Touche, Atlanta and Washington DC
  • Reference for a preliminary ruling – Definition of a national court or tribunal – Freedom to provide services – Municipal tax on satellite dishes – Restriction on the freedom to receive television programmes by satellite.
  • Sixth VAT Directive – Importation by removal of goods from external customs arrangements – Transport by road under cover of a TIR carnet or T1 document showing the registration numbers of a truck and trailer – Substitution of another truck – Unloading of trailer and destruction of seals.
  • Indian employees of pharmaceutical, biotech, and entertainment companies based in India will benefit from lower tax rates if they receive global depository receipts (GDRs) from their employers under employee stock option schemes