Tax Disputes

Hogan Lovells hires dispute resolution specialist from Herbert Smith

Mon, 17 Jun 2013 00:00:00 GMT

Hogan Lovells has hired Rupert Shiers from Herbert Smith Freehills to lead its direct tax disputes practice.

What you have missed on ITR Premium

Mon, 17 Jun 2013 00:00:00 GMT

UK Patent Box versus Dutch Innovation Box; Dave Camp on BEPS; Writ of payments benefits; Israel’s attempts to deny Medinol relief on Boston Scientific payout; Brazil scraps IOF on foreign investment in domestic bonds; Swiss VAT rise; EC’s tougher rules on EoI; Authorised tax collection in China.

Dealing with the State Administration of Taxation in Chinese disputes

Fri, 14 Jun 2013 00:00:00 GMT

Vincent Pang, of KPMG, offers multinationals some guidance on reducing the risk of becoming involved in Chinese tax disputes, the options available for resolving disputes and the trends the Chinese tax authorities will follow in the next few years.

Benefit of using writ of payment for taxpayers, states and the federal union

Thu, 13 Jun 2013 00:00:00 GMT

Renata Correia Cubas and Alessandra Gomensoro, of Mattos Filho, explain how using writ of payments benefits taxpayers paying debts in Brazil.

Israeli tax authority tries to deny Medinol relief on Boston Scientific payout

Thu, 13 Jun 2013 00:00:00 GMT

The Israeli tax authorities are claiming that medical technology firm Medinol owes between $150 and $225 million in capital gains tax on a $750 million compensation payout it received from US company Boston Scientific in 2005.

No capital gains tax on acquiring Brazilian companies through incorporation of shares

Thu, 13 Jun 2013 00:00:00 GMT

Domestic and foreign companies acquiring Brazilian entities through the incorporation, as opposed to the sale, of shares should pay no capital gains tax, according to the country’s Administrative Council of Tax Appeals (Conselho Administrativo de Recursos Fiscais).

Swiss move closer to ending US dispute over bank secrecy

Thu, 13 Jun 2013 00:00:00 GMT

Switzerland’s upper house of Parliament approved a draft proposal to let the country’s banks forgo secrecy laws to appease the US yesterday, but some taxpayers may fear that tax information exchange agreements (TIEA) will see information transferred beyond the US.

Vodafone defends position in UK and Indian tax disputes

Thu, 13 Jun 2013 00:00:00 GMT

UK telecommunications group Vodafone has defended its position in its dispute with the Indian tax authorities and in the much scrutinised settlement with HM Revenue & Customs (HMRC) in 2010 in its sustainability report 2012/13. The report also includes an overview of the total tax contribution of the group on a country-by-country basis for the first time.

What you have missed on ITR Premium

Mon, 10 Jun 2013 00:00:00 GMT

China – Netherlands tax treaty; German patent box; Vijai Electricals judgement; Vodafone conciliation; China VAT pilot; Luxembourg accounting systems; Authorised tax collection in China; OECD mutual administrative assistance in tax matters.

Indian taxpayers must be cautious in TP reporting despite Vijai Electricals judgment

Thu, 06 Jun 2013 00:00:00 GMT

Multinationals in India must maintain caution in their transfer pricing reporting of transactions involving investment into foreign subsidiaries even though the Hyderabad Income Tax Appellate Tribunal (ITAT) said transfer pricing rules do not apply in these circumstances.

Potential Vodafone conciliation could open door for alternative dispute resolution in India

Thu, 06 Jun 2013 00:00:00 GMT

If Vodafone accepts the Indian cabinet’s offer to enter a conciliation process under the Indian Arbitration and Conciliation Act to try and resolve its longstanding tax dispute, the Indian government may have to open up such a resolution mechanism to other multinationals.

When multinationals should use ADR to resolve UK tax disputes

Thu, 06 Jun 2013 00:00:00 GMT

HM Revenue & Customs’ (HMRC) head of dispute resolution, Val Hennelly, and Malcolm Twyman, an accredited mediator at HMRC, explained when taxpayers should consider using alternative dispute resolution (ADR) to resolve large and complex tax cases at an event hosted by accountancy firm BDO in London last night.

Speak to Pascal Saint-Amans about the BEPS project at the upcoming Global Transfer Pricing Forum in New York

Wed, 05 Jun 2013 00:00:00 GMT

International Tax Review and TPWeek’s 13th Annual Global Transfer Pricing Forum will be held on September 18 and 19 at the Crowne Plaza in Times Square, New York, in association with Deloitte.

What you have missed on ITR Premium

Tue, 04 Jun 2013 00:00:00 GMT

Tax planning deadline India; Tax reform; Expert evidence in Canadian tax cases; ATO challenges to energy companies; China carbon emissions pilot; Germany and France on FTT; Beneficial ownership form.

Former Tax Court Chief Justice on expert evidence in Canadian tax cases: Part four

Thu, 30 May 2013 00:00:00 GMT

In the last of his four-part series for International Tax Review, Donald Bowman QC, former Chief Justice of the Tax Court of Canada, now counsel to Dentons’ national tax group, examines the increased use of expert testimony in disputes involving R&D tax credits.

How energy companies can avoid ATO challenges when deducting exploration expenses

Thu, 30 May 2013 00:00:00 GMT

Energy groups with petroleum projects in Australia need to change the way they document expenditure to ensure they can successfully substantiate exploration expense deductions, following a judgment published by the country’s Administrative Appeals Tribunal (AAT) yesterday.

Indian tax authorities ask Supreme Court to reverse Sanofi decision and reconsider Vodafone

Thu, 30 May 2013 00:00:00 GMT

India’s tax authority has filed a special leave petition with the Supreme Court attempting to overturn the High Court’s ruling in the Sanofi case, and is also asking the court to reassess the principles set down in its Vodafone judgment.

Ryanair loses Irish High Court appeal on VAT refund

Thu, 30 May 2013 00:00:00 GMT

Sonya Manzor, of William Fry, explains how Ryanair’s recent High Court defeat highlights that an intention to provide management services is not sufficient to enable taxpayers to claim a VAT refund.

Switzerland’s head of foreign tax negotiation resigns

Tue, 28 May 2013 00:00:00 GMT

Michael Ambuehl, Switzerland’s state secretary for international financial matters, who is leading negotiations in disputes with US and European tax authorities over Swiss corporate tax laws and banking secrecy is stepping down.

Uncertainty on Brazilian CFC regime remains after Supreme Court ruling

Tue, 28 May 2013 00:00:00 GMT

In 2001, Provisional Measure No. 2,158 was published in Brazil which allowed the Brazilian tax authorities to tax the profits of controlled and affiliated companies established in other countries, even if they had not been distributed to the Brazilian parent.

What you have missed on ITR Premium

Tue, 28 May 2013 00:00:00 GMT

BCA on Australian budget; SAT on secondments; US SC PPL ruling; Expert evidence in Canadian court rulings; FTT potential delay; Mexican VAT; beneficial ownership; compliance in UK public sector procurement.

How Supreme Court’s PPL ruling will reduce transaction costs for US multinationals

Thu, 23 May 2013 00:00:00 GMT

US multinationals should see their transaction costs reduced when investing in foreign jurisdictions following the Supreme Court’s judgment in favour of energy company PPL.

Former Tax Court Chief Justice on expert evidence in Canadian tax cases: Part three

Wed, 22 May 2013 00:00:00 GMT

In the third of his four-part series for International Tax Review, Donald Bowman QC, former Chief Justice of the Tax Court of Canada, now counsel to Dentons’ national tax group, discusses the increased use of expert testimony in disputes involving tax treaty interpretation.

UK Supreme Court’s M&S ruling provides “useful tool” for taxpayers claiming cross-border group relief

Wed, 22 May 2013 00:00:00 GMT

The UK Supreme Court dismissed HM Revenue & Customs’ (HMRC) appeal in the first part of its judgment in the Marks & Spencer (M&S) dispute. The court’s answer means taxpayers will have more flexibility when claiming cross-border group relief.

How taxpayers should manage their global disputes

Mon, 20 May 2013 00:00:00 GMT

International Tax Review has produced tax disputes reference guides for 26 countries. The guides look at how multinationals can avoid and manage tax disputes in each jurisdiction as well as offering insight about the future litigation strategies of individual tax authorities.

What you have missed on ITR Premium

Mon, 20 May 2013 00:00:00 GMT

Australian budget; Brazil income tax exemptions; Dutch Supreme Court tax ruling; Germany DTA arbitration; France invoicing; Croatia’s EU membership; Tax compliance rules; FATCA

Exception to shareholder loan doctrine established by Dutch Supreme Court

Thu, 16 May 2013 00:00:00 GMT

The Supreme Court of the Netherlands has delivered a judgment which allows a Dutch taxpayer to deduct losses incurred on a related party loan, creating an exception to the shareholder loan doctrine set out by the court in November 2011.

Germany to include mandatory binding arbitration in DTAs to eliminate double taxation risk

Thu, 16 May 2013 00:00:00 GMT

Germany’s intent to incorporate mandatory binding arbitration provisions in current and future double taxation agreements (DTA) should allow taxpayers to eliminate the risk of double taxation in cross-border cases and help them exert pressure on tax authorities to reduce the length of disputes.

Taxpayers should use ITAT’s Convergys ruling when attributing profit to Indian PEs

Thu, 16 May 2013 00:00:00 GMT

Taxpayers with a permanent establishment (PE) in India can use a profit attribution method described in the Delhi Income Tax Appellate Tribunal’s (ITAT) Convergys judgment to guide their behaviour in what remains an area of legal uncertainty in India.

Trusts must file protective VAT reclaims against HMRC by next month

Wed, 15 May 2013 00:00:00 GMT

Venture Capital Trusts (VTC) and Investment Trust Companies (ITC) risk losing out on reclaiming VAT mistakenly paid to HM Revenue & Customs (HMRC) if they do not act now.