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A company is resident in Ireland for tax purposes if it is managed and controlled there. The fact that a company is incorporated in Ireland does not, of itself, impact on the tax status of the company in Ireland. The number of Irish incorporated, non-Irish resident companies has grown significantly in recent years, and they are now used extensively by non-Irish residents in the management of their affairs.

National elections held in September 1998 brought to office a new coalition government of Social Democrats and Greens under Chancellor Gerhard Schröder. In early November, the new government published a major tax reform bill in draft form. In addition to their majority in the federal parliament, the parties composing the new government also control the federal council, which is accordingly expected to ratify the bill in its final form. It was inability to secure the consent of the federal council which doomed the 1997 tax reform efforts of the prior government.

The Finnish parliament will decide on the amendment of the Act on Taxation of Foreign Intermediate Companies later this year following the government bill (149/1998) presented to the parliament in October 1998. The government bill contains amendments to Article 2 of the Act regulating the scope of application of the Act.

The February 1998 federal budget contained several international tax measures which have now been released as draft legislation. There are a few surprises.

After months of speculation, the UK government has released a consultative document on a GAAR. In a follow-up to last year’s article on the subject, Peter Nias of McDermott, Will & Emery, London argues that this could lead to excessive power for the courts and the Revenue

A Spanish court recently referred a question to the European Court of Justice (ECJ) for a preliminary ruling. At issue was the Spanish system for recovering input value-added tax (VAT) incurred prior to starting business activities; the system has traditionally been a bone of contention between the tax authorities and VAT payers.

The recent decision of Australia's Federal Court in two cases involving companies within Kerry Packer's Consolidated Press Group have provided guidance for Australian taxpayers structuring overseas investments, including consideration of the deductibility of funding costs of international business. It should be noted that the decisions are subject to appeal.

Charges having equivalent effect — Recovery of sums paid but not due — Procedural time-limits under national law.

Dutch retail groups Vendex and KBB are to merge in a deal valued at Fls1.91 bn ($1 billion). The Dutch authorities have given the go ahead to the deal without it being subject to special conditions. The new groups will control almost all department stores in the Netherlands. Tax advice to Vendex came from KPMG Meijberg in Amsterdam. The tax partners involved were Adri van Kemenade and Wytze van der Meer. Vendex is also represented by Loeff Claeys Verbeke in Amsterdam

Profits from exports of computer software from India have enjoyed tax exemption under section 80HHE of India's Income Tax Act. Computer software was defined to mean any computer program recorded on disk, tape, perforated media or any other information storage device, and including any program which is transmitted from India to any place outside India by any means.