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Taxand's Take - February 2015

Your regular update on the latest issues affecting multinationals

Feb 2015

Welcome to the latest edition of Taxand's Take - your regular update on the topical tax issues affecting multinationals. Accessible online this newsletter is sent to you quarterly. Taxand's Take provides you with informed opinion on the latest tax changes and how they affect you.

Stay up to date with Taxand and our news from around the world. Visit www.taxand.com/news.

In this issue you will discover:

The launch of Taxand's Global Survey 2015
The influence of BEPS in China's tax regime
Potential conflict between VAT & TP principles
High Court rulings in high profile Indian TP cases
Ireland's non austerity Budget 2015
Italy's 'nexus approach' to new patent box regime
Luxembourg's new Advanced Tax Clearance process
Sweden's new private equity tax strategy

Feature articles

Taxand Global Survey 2015

Taxand is pleased to share the results of our annual Taxand Global Survey 2015 - Caught in the crossfire: MNCs prepare for the post-BEPS world.

Global   

BEPS stepping into China

In November 2014, the OECD released its new strategy for deepening developing countries' engagements in the BEPS project, which will strengthen their involvements in the decision-making process and bring them into the heart of the technical work. Taxand China discusses how the jurisdiction will base new tax rules on BEPS and how these may affect multinationals.

China   

Catch 22? Conflict between VAT & TP principles

With the increasing development of TP guidelines and a renewed focus on VAT, it's easy to see where confusion with 'conflicting' tax principles may stem from. In particular, companies with an intra-group service function can face these issues as they must assess their right to VAT deductions with consideration to their VAT taxable turnover compared to their total turnover. Taxand Finland and Taxand Sweden focus on the impact conflicting tax principles have on European multinationals.

Finland    Sweden   

No issue in share issue: rules Bombay High Court

The Bombay High Court (HC) has recently provided its verdict regarding high profile transfer pricing disputes as favourable towards the taxpayers, including Vodafone India and Shell India. Further to our previous article on this subject, Taxand India provides an update on India's largest transfer pricing controversy.

India   

New Spanish corporate governance reform includes tax obligations

The law reforming the Spanish Corporate Enterprises Law for the improvement of corporate governance was published on 4 December 2014.

Spain   

Italy introduces patent box regime in line with the OECD 'nexus approach'

The Italian Budget 2015 introduces an optional patent box regime, which grants beneficial exemptions such as a 50% exemption on income derived from the direct use of a qualifying IP, as well as 100% exemption on capital gains arising from the sale of qualifying a IP. Taxand Italy highlights the main aspects of the new patent box regime and discusses the impact for multinationals.

Italy   

Advanced Tax Clearance practice formalised

The LuxLeaks affair has brought Luxembourg tax rulings or Advance Tax Clearances to the centre stage. However, procedures around the filing of these documents have already been under review. Taxand Luxembourg presents new modifications to the Advanced Tax Clearance (ATC) process.

Luxembourg   

VAT deduction for holding companies - the Swiss approach

In our Taxand's Take November edition, the VAT related uncertainties that holding companies are facing in the European Union were described. The message sent out by the European Member States is clear: holding companies will have to face another cut of their input VAT. Switzerland's approach offers an attractive, not to say unique, alternative. Taxand Switzerland outlines the key aspects of the nation's VAT rules: past and present.

Switzerland   

OECD discussion draft on Action 14 (make dispute resolution mechanisms more effective) of the BEPS Action Plan

OECD discussion draft on Action 6 (Prevent Treaty Abuse) of the BEPS Action Plan - Part II

OECD discussion draft on Action 7 (Prevent the Artificial Avoidance of PE Status)

OECD discussion draft on proposed modifications to Chapter VII of the TP Guidelines - (BEPS Action 10)

Resources

Latest media commentary

Wall Street Journal
UK details 'Google Tax' plan

The Sunday Times
Osborne extends industry tax breaks

Accountancy Age
Europe could probe sweetheart deals

Accounting Today
More tax reform for 2015?

BNA Bloomberg Tax Planning International
Why anti-inversion is anti-American

Financial Director
Tax landscapes shift for multinationals

Taxand
Taxand Global Survey 2015: caught in the crossfire: MNCs prepare for post-BEPS world

Taxand appoints new global Managing Director

Taxand Milestone Survey 2014: a transformational year for global tax reform

News from our locations

  China   Mexico
  Cyprus   Peru
  Finland   Poland
  France   Portugal
  India   Romania
  Ireland   Spain
  Italy   Switzerland
  Luxembourg   Sweden
 

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