Rules are tangled and dispute resolution is excruciatingly slow. The government’s trying but it’s a long haul As Asia’s third-largest economy, India is a major investment destination. However, in recent years, the unpredictable tax regime has has been a major stumbling block to its potential. According to a recent World… – Continue reading
Court ruled in favour of the tax dept and held that market intangibles are international transactions and hence come under the transfer pricing ambit New Delhi: The Delhi high court on Monday brought clarity on application of transfer-pricing rules on marketing intangibles in a long-awaited judgement that will reduce disputes… – Continue reading
The Finance Ministry on Monday notified the Advance Pricing Agreement (APA) rules governing rollback provisions in transfer pricing cases. Though the provisions were announced in Finance Minister Arun Jaitley’s maiden Budget in July 2014, they could not be activated because the rules were not codified. Consultants said the move could… – Continue reading
THIS article continues our series on Base Erosion and Profit Shifting (BEPS), specifically looking at Action Plan 13, which prescribes a revised set of standards for transfer pricing (TP) documentation and a template for country-by-country reporting (CBCR) of income, earnings, taxes paid and certain measures of economic activity. Chapter V… – Continue reading
Subsidiaries of Israel’s Delek Group and the Houston-based Noble Energy are suing the state for some $15 million, claiming the government has collected more royalties than permissible on natural gas sales. Accusing the National Infrastructures, Energy and Water Ministry of calculating royalty revenues based on the higher Tamar reservoir gas… – Continue reading
TP Week As a result of Brazil’s unique policy to prevent erosion of the tax base, companies often face double taxation. The pending case before the US Tax Court (Docket 5816-13), 3M Co. et al. v. Commissioner, brings this issue into the spotlight. In this case the US Internal Revenue… – Continue reading
With the Australian Taxation Office’s (ATO) escalating focus on international profit shifting, it is essential for multinational taxpayers (MNEs) to properly understand the new Australian Transfer Pricing (TP) rules, assess the implications of these rules on their operations/transactions, what documentation they need to prepare and when, and what penalties may… – Continue reading
OPPOSITION spokesman on finance and planning, Audley Shaw, believes that the failure of the Government to make any progress in wage-related discussions with its employees could make it the major challenge for 2015/16, as the budget debate commences this afternoon at Gordon House. “There is nothing in the budget which… – Continue reading
Tax authority adjusts the tax bill of 76 companies for 20 billion kroner The tax authority SKAT has challenged 76 companies for their tax bill in 2014 to the tune of 20 billion kroner, Jyllands-Posten reports. This continues a war on so called transfer pricing cases (where there has been… – Continue reading
The Canada Border Services Agency (CBSA) has informed the Canadian importing community that importers may be entitled to obtain customs duty refunds in connection with downward transfer pricing adjustments having the effect of correcting/reducing invoiced prices that served as the basis of customs valuation of imported goods. On January 19,… – Continue reading
Rome police accuse PokerStars.it managing director over €300 million of undeclared monies that were traced to Malta and the Isle of Man The managing director of PokerStars in Italy, a leading online poker brand, has been accused of fraud and tax evasion of some €300 million by Rome’s finance police… – Continue reading
Transactions between related entities are common and engaged in for both business and tax purposes. Management fees, factoring fees, loans, and other intercompany transactions can be beneficial from a tax planning standpoint, provided the transactions are properly structured and supported by adequate documentation, which often includes a transfer pricing study…. – Continue reading
The main legal weapon used by the tax office to hunt down multinationals trying to avoid paying tax often doesn’t work, a problem that could cost the federal government billions a year. A Tax Office internal document, Offshore hubs mitigation strategy overview, said that Australia’s general anti-avoidance rule, Part IVA,… – Continue reading
According to Italy’s financial police, the Halfords Media Italy S.r.l., one of the companies used by PokerStars for marketing activities in the country, is currently under investigation for a €300 million tax fraud. Contacted by PokerNews, Head of Corporate Communication at PokerStars Eric Hollreiser said to be confident that the… – Continue reading
The Finance Bill 2015 (the Bill) has quietly slipped in an amendment that could engender a fresh set of disputes with foreign companies away from the hitherto transfer pricing hair-splitting. Hitherto, all Indian companies were residents and all foreign companies were non-resident, period. Of course foreign companies would have become… – Continue reading
There is a sense of déjà vu in tax and legal circles. Vodafone bought itself into Hutch’s Indian telecom operations by acquiring controlling interest in a Cayman Island company that called the shots in the Indian company hitherto controlled by Hutchison Hong Kong. The tax authorities slapped a notice on… – Continue reading
Following on from the Indian budget last month and various significant developments on the disputes scene, TPWeek thinks it is a good time to put together a Special Focus, bringing together its most recent reports. The Indian government is keen to promote a more investor-friendly environment in relation to corporate… – Continue reading
ARLINGTON, Virginia, March 10, 2015 /PRNewswire/ — Bloomberg BNA today announced an addition to its lineup of keynote speakers for the Global Transfer Pricing Conference: Paris, held in conjunction with Baker & McKenzie, on March 30-31 immediately after the Organisation for Economic Co-operation and Development (OECD) Global Forum on Transfer… – Continue reading
East African member states have been advised to make critical assessment of single income tax rates. A law expert, Anatoly Nahayo said recently in Dar es Salaam after launching his book titled “East African Community Tax Harmonisation.” He said the move will ease allocation of capital shares within EAC member… – Continue reading
Tunis — Tunisia and the Organisation for Economic Co-operation and Development (OECD) signed, on Tuesday in Tunis, an agreement under which Tunisia will join the Base Erosion and Profit Shifting (BEPS) project and the OECD Action Plan for Youth. Launched in July 2013 by OECD, the BEPS project produced its… – Continue reading
Skip to content Using Gmail with screen readers Click here to enable desktop notifications for Gmail. Learn more Hide 1 of 18 Web Clip NYT Travel – In Transit Blog: New Year-Round Routes on Eurostar Trains – 4 hours ago ready to post 9 mar 2015 D Ready to post… – Continue reading
There have recently been some well-publicised examples of multinationals buckling under pressure because they were perceived to be paying too little income tax. Towards the end of 2012, Starbucks in the UK undertook to pay £20-million of corporate income over two years, despite insisting it had complied with the tax… – Continue reading
Introduction In the autumn statement the Chancellor of the Exchequer announced the introduction of a new Diverted Profits Tax (DPT). Against the context of international co-operation in the OECD led consultation on ways to ensure profits are taxed where they are generated (the Base Erosion and Profit Shifting project (BEPS),… – Continue reading
As a follow up to last week’s publication, below is a continuation of the article that highlights the requirements for filing returns, due dates and penalties for late filing of returns as it pertains to various tax types. Last week’s edition focused on Company Income Tax (CIT), Education Tax (EDT),… – Continue reading
HMRC yielded £1.1bn in tax from multinationals last year, as it actively challenged transfer-pricing agreements The Revenue said that £5.8bn in tax has been secured by the specialist group set up to investigate pricing agreements between companies in the same multinational group since it was established in 2008. HMRC announced… – Continue reading
The government has done well to rein in the taxman to ensure that transfer-pricing (TP) additions fall in the last two audit rounds; from the peak of R70,000 crore in FY13, these have fallen to R60,000 crore in FY14, and then to R47,000 crore in FY15, as FE reported last… – Continue reading
On December 2, 2014, the State Administration of Taxation (SAT), China’s highest tax authority, issued the Administrative Measures for the General Anti-Avoidance Rules (Trial) (GAAR), which went into effect on February 1, 2015. Prior to this legislation, China had no specific GAAR, only a few general anti-avoidance principles in various… – Continue reading
NEW PACTS WITH AMSTERDAM AND TOKYO BOOST TRANSFER PRICING IN HONG KONG When combined with aggressive tax planning, Hong Kong’s onshore-offshore tax regime often results in a reduced tax burden for taxpayers that operate through Hong Kong companies by pricing intra-group transactions. The Advance Pricing Arrangement agreement with the Netherlands… – Continue reading
Mr R S Sodhi, the Managing Director of GCMMF which owns the famed brand Amul has given his take on the Union Budget on our request. We produce the same verbatim-Editor For Cooperative Sector, the budget will have a mixed effect. Budget is good for those cooperatives who are in… – Continue reading
Microsoft and the Internal Revenue Service (IRS) have agreed to end their battle over documents used in transfer pricing audits of the tech company. On February 24, the Internal Revenue Service (IRS) and Microsoft reached an agreement which resulted in the dismissal of the Freedom of Information Act (FOIA) lawsuit… – Continue reading
The Ministry of Planning and Investment has asked Nokia Vietnam to submit a report on how it has fulfilled its investment commitments so that local authorities can consider whether the firm is eligible to receive tax policy incentives. Nokia Vietnam Co. Ltd., now known as Microsoft Mobile Vietnam Co. Ltd.,… – Continue reading
NUMBER OF THE WEEK: $42,268. The projected average taxable income of all tax returns in 2015, according to the Joint Committee on Taxation’s Feb. 27 report on “Fairness and Tax Policy.” The report also projects that the top ten percent (in terms of income) of all taxpayers in 2015 will… – Continue reading
The Public Accounts Committee (PAC) met last month to ask HM Revenue & Customs (HMRC) about its efforts to curb tax avoidance, including how HMRC has developed its transfer pricing approach to counteract tax arrangements such as those by Google, Amazon and Starbucks. Present at the hearing on February 11,… – Continue reading
The Global Transfer Pricing Guide is created to assist tax and finance professionals responsible for cross-border tax planning and compliance with their inquiries. Sterling Heights, Michigan (PRWEB) March 02, 2015 Global accountancy network UHY releases its 2015 “Global Transfer Pricing Guide” to assist tax and finance professionals responsible for cross-border… – Continue reading
NEW DELHI: Opposition today came down heavily on the government accusing it of remaining silent over cases of communal violence and failing on national security front and stopping transfer of public money to foreign telecom firms Main opposition Congress party also charged the BJP-led dispenation with failing to make sufficient… – Continue reading
The Czech Republic’s Specialized Tax Office (STO) has confirmed that it has undertaken a nationwide control operation to scrutinize multinationals’ related-party transactions to ensure they are being taxed based on arm’s length prices. A first phase of the operation took place during January and February, with a second phase now… – Continue reading
Bill Shorten, criticised for adopting a near invisible profile as Labor Leader, outlined a “policy brief” on Monday intended to tackle multinational tax avoidance and add nearly $2 billion to consolidated revenue over three years. The four-pronged approach includes changing the so-called thin-capitalisation rules allowing corporations to claim tax deductions… – Continue reading
GUEST COLUMN- Dinesh Agarwal & Amit Poddar The Finance Act, 2012, had introduced the provisions for specified domestic transactions (SDT), extending the laws of transfer pricing to domestic transactions. One of the criteria for applicability of domestic transfer pricing was that the aggregate value of domestic transactions should be at… – Continue reading
After several rounds of revisions and consultations in the past few years, the State Administration of Taxation (“SAT”) has recently promulgated the Bulletin on Several Issues concerning the Enterprise Income Tax (“EIT”) on Indirect Asset Transfer by Non-Resident Enterprises (“Bulletin 7”)[1]. Tax matters occurred but have not been settled before… – Continue reading
As recommended by Tax Administration Reforms Commission (TARC) under Parthasarathi Shome, for taxation, the appellate functions must be housed separately from the field functions, in order to have fair and judicious orders passed. Indian Revenue should be divided into two distinct sets—the operational side and the technical/adjudication side. The quasi-judicial… – Continue reading
IN THIS INSTALLMENT of our series on the Base Erosion and Profit Shifting (BEPS) initiatives of the Organization for Economic Co-operation and Development (OECD), we will tackle Action Plan 8 on the revisions to Chapters I, II and VI of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax… – Continue reading
Pharmaceutical companies want the finance minister to increase tax concessions across the board as also bring in more clarity on amendment to the rollback of advance pricing agreements (APA), applicability of roll back benefit, impact on on-going assessment, applicability of roll back provisions on bilateral APAs etc. In a pre-budget… – Continue reading
KPMG in India through its survey, has tried to understand the expectations of India Inc. on various parameters such as policy reforms, clarity on indirect transfer tax provisions, applicability of MAT on foreign companies, amendment in the tax regime for REITs/ InvITs, deductions allowed to individuals, etc. Over 200 senior… – Continue reading
Minister of Finance Alexander Chikwanda has told parliament that that only two mining companies were paying Company Income Tax under the previous tax regime as most of them claimed that they were not in tax-paying positions. In a Ministerial Statement on the 2015 Mining Taxation Regime Presented to the National… – Continue reading
On February 25, South Africa’s Minister of Finance, Nhlanhla Nene, presented a 2015 Budget that was said to be constrained by a slowing economy and lower-than-expected tax revenues. Nene indicated that the Government now has to rebalance its fiscal policy to reduce the “structural gap” that exists between spending on… – Continue reading
When combined with aggressive tax planning, Hong Kong’s onshore-offshore tax regime often results in a reduced tax burden for taxpayers that operate through Hong Kong companies by pricing intra-group transactions. This has led to heightened transfer pricing scrutiny from the Hong Kong Inland Revenue Department in recent years. In order… – Continue reading
CRA recently released a new Transfer Pricing Memorandum (TPM-15) giving detailed guidance on CRA’s audit approach to management fees and other charges for intra-group services, including on allocation keys for indirect chargebacks and markups on costs. The document expands considerably upon brief guidance on this topic in CRA’s main Information… – Continue reading
Mr. Akhilesh Ranjan, Joint Secretary Ministry of Finance, and also Competent Authority for the Government of India, spoke this past week at the Pacific Rim Tax Institute, February 19-20, reaffirming India’s commitment to a new non-adversarial tax regime to encourage foreign investment and fair treatment of taxpayers. Mr. Ranjan’s appointment,… – Continue reading
The Bombay High Court, in its landmark judgments in the cases of Vodafone India and Shell India, held that issue of shares, being a capital transaction, does not attract transfer pricing (TP) provisions under the Indian income tax law. The court observed that investment in shares does not fall within… – Continue reading
Thanks in part to past concerns that globalization could lead to double taxation, corporations have numerous techniques at their disposal to reduce their tax bills, including the placement of subsidiaries and spinoff holding companies in low-tax jurisdictions. The Group of 20 wants to change that. The Organisation for Economic Cooperation… – Continue reading
