Tax Disputes

Why Colombia is paying close attention to M&A

Fri, 24 Feb 2012 00:00:00 GMT

Jack Grocott speaks to Diego Gonzalez-Bendiksen, the head of the Colombian tax office's (DIAN) international audit unit about the future of compliance and why he is scrutinising M&A activity.

Tax transparency in the spotlight like never before

Thu, 23 Feb 2012 00:00:00 GMT

Companies around the world are beginning to understand the importance of transparency about their tax affairs and the reputational benefits of eschewing aggressive tax planning. They will have the opportunity to debate these crucial issues with administrators, activists and practitioners at International Tax Review's first Tax & Transparency Forum on May 2.

Vodafone’s India battle returns as government plans to tax offshore transactions

Thu, 23 Feb 2012 00:00:00 GMT

Just when you thought the Vodafone dispute had come to an end, it has reared its head again with the government challenging last month’s Supreme Court ruling and looking to change the law so that offshore transactions become taxable.

Tax transparency in the spotlight like never before

Fri, 17 Feb 2012 00:00:00 GMT

Essar Energy files petition against Indian Supreme Court ruling

Thu, 16 Feb 2012 00:00:00 GMT

Indian energy giant Essar filed a petition to the Supreme Court of India today, requesting a review of last month’s ruling that the company is no longer able to defer its sales tax.

Risk is vital for business, but only with effective management, says TCPI

Thu, 16 Feb 2012 00:00:00 GMT

Delegates at the Tax Council Policy Institute (TCPI) were told yesterday that tax risk is an important and unavoidable part of doing business, but that effective risk management is essential.

Singapore taxpayers to claim unabsorbed tax losses after ITBR ruling

Thu, 16 Feb 2012 00:00:00 GMT

Taxpayers in Singapore are praising a recent Income Tax Board of Review (ITBR) decision for delivering certainty on the issue of when a shareholding test waiver may be granted following a substantial change of shareholders.

European Tax Awards 2012: Entries close on February 14

Mon, 13 Feb 2012 00:00:00 GMT

Firms with offices throughout Europe and South Africa have until tomorrow to enter for International Tax Review's European Tax Awards

How two cases provide insight into taxation of indirect transfers in India

Mon, 13 Feb 2012 00:00:00 GMT

Last month’s Vodafone ruling provided some clarity on the taxability of indirect transfers of Indian assets. But there are still some questions to be answered. Sanjay Sanghvi and Suraj Shetty of Khaitan & Co look at the Aditya Birla tax controversy in light of the Vodafone ruling and explain that the clues are there on how the country is targeting indirect transfers.

Indian SC to hear E*Trade case on Friday

Mon, 13 Feb 2012 00:00:00 GMT

India’s Supreme Court will begin hearing the case of E*Trade Mauritius on Friday. The case relates to the taxation of capital gains arising from the transfer of shares from a Mauritius to an Indian company.

James Hardie wins Australian capital gains tax battle

Fri, 10 Feb 2012 00:00:00 GMT

The Australian High Court has ruled that buildings manufacturer James Hardie did not owe capital gains tax as a result of a 1998 restructuring.

ANALYSIS: How Mexico treats indirect non-discrimination

Thu, 09 Feb 2012 00:00:00 GMT

Taxpayers in Mexico have long suffered when it comes to indirect non-discrimination. But recent case law and legislative guidance suggest this is coming to an end.

INSIGHT: What the Li & Fung verdict will mean for Hong Kong taxpayers

Thu, 09 Feb 2012 00:00:00 GMT

Victory for Li & Fung in its hearing before Hong Kong’s Court of Appeal next week will give much relief to companies which subcontract services to foreign affiliates, but if the Commissioner of Inland Revenue (CIR) triumphs it could turn Hong Kong’s tax principles upside down.

Angola to set up tax court

Wed, 08 Feb 2012 00:00:00 GMT

Parker to run Thompson & Knight

Tue, 07 Feb 2012 00:00:00 GMT

COMMENT: Is Canada’s GAAR still an enigma after Copthorne?

Mon, 06 Feb 2012 00:00:00 GMT

When it comes to the Canadian general anti-avoidance rule (GAAR), it could be said that the difference between acceptable and unacceptable tax planning is in the eyes of the beholder.

IRS likely to increase debt vs equity analysis after “harsh” General Electric ruling

Fri, 03 Feb 2012 00:00:00 GMT

The imposition of harsh penalties against General Electric (GE) provides a stark warning to companies using tax shelters in the US.

Brazil: New decisions issued on deductibility of goodwill

Wed, 01 Feb 2012 00:00:00 GMT

Two recent decisions of the Administrative Court of Federal Tax Appeals (CARF), a rather technical court, ruled against the argument of simulation, raised by the tax authorities, on merger and acquisition transactions that may generate amortisable goodwill for tax purposes in Brazil.

Canada: Canadian Supreme Court confirms GAAR test

Wed, 01 Feb 2012 00:00:00 GMT

On December 16, 2011, the Supreme Court of Canada released Copthorne Holdings Ltd. v. Canada (2011 SCC 63), its fourth decision on the general anti-avoidance rule (GAAR). The court unanimously dismissed the taxpayer's appeal, upholding the two lower courts.

Norway: Supreme Court rules that a Commissionaire company is not a PE of the principal company

Wed, 01 Feb 2012 00:00:00 GMT

On December 2 2011 Norway's Supreme Court found in favour of Dell that its Norwegian commissionaire company did not constitute a sales agency permanent establishment (PE) of the group's Irish principal company.

Spain: Supreme Court provides guidance on thin capitalisation rules

Wed, 01 Feb 2012 00:00:00 GMT

Traditionally, the application of thin capitalisation rules has triggered a number of questions which have been extensively debated by tax commentators. Some of them have been clarified by the Spanish courts or the Directorate-General of Taxes in various rulings, but some others have remained open to discussion.

SPECIAL REPORT: Everything you need to know about the Vodafone ruling

Wed, 01 Feb 2012 00:00:00 GMT

International Tax Review has compiled a special free pdf report on Vodafone’s Indian Supreme Court victory. View the ruling, read what industry had to say, and uncover what this decision means for your business.

Switzerland: Tightening of the Swiss withholding tax practice

Wed, 01 Feb 2012 00:00:00 GMT

As a result of the decision of the Federal Court of Switzerland (BGE 2C_756/2010) the Federal Tax Administration has recently tightened the practice as to the withholding tax notification procedure on Swiss dividends.

Date set for Canadian St Michael Trust Corp showdown

Tue, 31 Jan 2012 00:00:00 GMT

The Supreme Court of Canada is preparing itself for a March 13 hearing of the St Michael Trust Corp dispute on the tax residence of a trust.

SPECIAL REPORT: Everything you need to know about the Vodafone ruling

Mon, 30 Jan 2012 00:00:00 GMT

SPECIAL REPORT: Everything you need to know about the Vodafone ruling

Mon, 30 Jan 2012 00:00:00 GMT

Why taxpayers will be at IRS’s mercy if Supreme Court rules against Home Concrete

Mon, 30 Jan 2012 00:00:00 GMT

Taxpayers in the US should expect greater uncertainty, challenges to their tax planning and heavy penalties if the Supreme Court rules in favour of the IRS in the long-running Home Concrete dispute.

Stats reveal Vodafone was destined to win

Wed, 25 Jan 2012 00:00:00 GMT

Strong legal arguments were not the only thing on Vodafone’s side in their triumph at the Indian Supreme Court last week, statistics show that a victory was inevitable.

How you can avoid becoming the next Vodafone

Tue, 24 Jan 2012 00:00:00 GMT

If things hadn’t gone Vodafone’s way on Friday then the company would now be looking at a $2.5 billion tax bill. Here are a few tips on how to avoid becoming the next target for the Indian Tax Department.

Key Russian cases that will change the way you manage tax in 2012

Tue, 24 Jan 2012 00:00:00 GMT

In 2011, five key court decisions from the Supreme Arbitrazh Court (SAC) shaped the way taxpayers do business in Russia, but their real influence will only be felt throughout 2012.