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Mark Martin Mark Horowitz On July 26 2017, the US Tax Court issued a memorandum opinion in Eaton Corp. v. Commissioner, TC Memo 2017-147 that concluded, in part, that cancellation by the IRS of advance pricing agreements (APAs) was an abuse of discretion.

Jim Fuller David Forst The US Tax Court, in Grecian Magnesite Mining, Industrial & Shipping Co, SA v. Commissioner, 149 TC No. 3 (July 13 2017), held that a constructive sale by a foreign person of its interest in a partnership engaged in a US trade or business was not subject to US tax. In so doing, the court dismissed the conclusion of Revenue Rule 91-32 (Rev. Rul. 91-32) that a gain on the sale by a non-US partner of its interest in a partnership should be analysed asset-by-asset and treated as income effectively connected with the conduct of a trade or business (ECI) to the extent the partnership's underlying assets are used in a US trade or business. This ruling has been subject to heavy criticism since it was issued as not being in accordance with the Code and Regulations. The court's holding validates that criticism and positions taken by foreign taxpayers in accordance with the Code and Regulations rather than Rev. Rul. 91-32.

Isabel Reis The budget law for 2017 (Law No. 42/2016 of December 28 2016) introduced a new VAT regime that provides rules for the payment of VAT due on the import of goods by self-assessment through the corresponding periodic return. The procedure to follow for its application is established in Ordinance 215/2017, of July 20.

Lewis Lu Curtis Ng Many readers will be familiar with the famous conclusion of Justice Rowlatt in Cape Brandy Syndicate v IRC, [1921] 12 TC 358 that: "In a taxing act, one merely has to look at what is clearly said. There is no room for any intendment. There is no equity about a tax." And Lord Tomlin's statement in the Duke of Westminster case (Duke of Westminster v IRC, 19 TC 490) that: "This so-called doctrine of "the substance" seems to me to be nothing more than an attempt to make a man pay notwithstanding that he has so ordered his affairs that the amount of tax sought from him is not legally claimable." This approach to interpreting tax law has recently been under threat from the 'tax fairness' agenda.

Since 2010, the Young Tax Professional of the Year competition has been open to young students around the world. Joe Stanley-Smith caught up with the first and second prize winners, Karl Frenzel and Tetiana Polonska, to hear their views on the competition, university education today and how it feels to graduate into such a rapidly changing tax market.

Ivan Petrovic Montenegro has shown its commitment to improving compliance with international tax standards. The Foreign Account Tax Compliance Act (FATCA) agreement is yet another example of a set of steps taken towards broadening the cooperation between the US and Montenegro and following the international standards of cross-border tax assistance.

Khoonming Ho Lewis Lu In the course of May to July 2017, a series of new Chinese regulations relaxed restrictions on foreign inbound investment while, at the same time, enhancing the tax and regulatory enforcement capacity of Chinese government authorities.

Dorina Asllani Ndreka With Law No. 33/2017 approved on April 21 2017 and entering into force on May 7 2017, the Albanian Parliament has relieved businesses from old unpaid tax and custom duties.

Luxembourg has released draft legislation on its intellectual property (IP) box regime that could offer more benefits to companies’ R&D activities.

Barbara Scampuddu Gian Luca Nieddu The Italian government recently released its "Industria 4.0" plan which, by offering tax incentives to the industrial sector, aims to encourage competitiveness, attract foreign investors and foster expenditures in innovation.