Global Tax Alert. Executive summary. Detailed discussion
|
|
- Merryl Short
- 5 years ago
- Views:
Transcription
1 29 May 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: Services/Tax/International- Tax/Tax-alert-library#date Mumbai Tribunal holds existence of fixed place PE on account of protracted presence of employees executing a consultancy project in India Executive summary This Tax Alert summarizes a recent ruling of the Mumbai Income Tax Appellate Authority (Tribunal) in the case of Renoir Consulting Ltd. 1 (Taxpayer) on whether a Mauritian company had a permanent establishment (PE) in India under the provisions of the India Mauritius Double Taxation Agreement (treaty), on account of the presence of its employees in India for a long duration of time to carry out a performance enhancement assignment spanning over 50 weeks under a contract entered into with an Indian company. On the facts, the Tribunal concluded that the premises of the client or the hotel where the employees stayed could be regarded as a fixed place through which the business of the Taxpayer was carried on. Accordingly, a fixed place PE of the Taxpayer existed in India. Detailed discussion Background The Taxpayer is a nonresident company registered in Mauritius. It received income in India by way of a contract for services executed in India with Godrej Philips India Ltd. (GPI), an Indian company. The services included planning and implementing Performance Index Program which ultimately would result in implementing of and improving the management performance quotient of GPI by enhancing parameters, reducing costs, improving the work methods and services, and providing efficient management control.
2 The Taxpayer seconded its employees comprising consultants and principal consultants to work on the GPI project in India. The duration of the project was 50 weeks and it required 874 man days of consultants and 81 days of principal consultants time in India. There was no office available for these personnel to work from in India. It was asserted by the Taxpayer that the hotel rooms used by its employees were only for residence and were not used as an office. As the project was primarily for the improvement of sales, meetings with GPI were held at different venues. Hence, the Taxpayer argued that there was no place of business of the Taxpayer in India. Some of the treaties entered into by India provide for establishment of a PE of the foreign enterprise (FE) in India under a service PE clause. Under this rule, an FE can constitute a PE in India, without having an office or other permanent place of business in India if its employees furnish services in India exceeding a certain threshold period. However, in the present case, the examination was required under the India- Mauritius treaty which does not have a service PE clause. Thus, the determination was required under the fixed place PE rule. Positions of the parties The Taxpayer argued that it was managed by the Board of Directors in Mauritius, whose consultants gave directions to its principal consultants seconded on the project. These principal consultants, in turn, looked after the assignments in India, further directing consultants seconded on the GPI project. Thus, the place of management of the Taxpayer was situated in Mauritius where the entire decision-making powers were located. The Taxpayer also argued that its employees in India were only carrying out preparatory and auxiliary services by only gathering and collating the data being transmitted to the Head Office (HO) in Mauritius and then acting on instructions received from its HO. The Tax Authority determined that a PE exists based on the fact that the contract with GPI was executed and implemented in India. Furthermore, the hotel rooms where the Taxpayer s employees stayed in India must be regarded as their place of work for carrying out their activity in India. This must, thus, be construed as a fixed place PE and the income received from GPI should be taxed in India. The finding of the Tax Authority was upheld by the First Appellate Authority. The Second Appellate Authority, the Tribunal, found the matter as indeterminable and, hence, restored the matter to the Tax Authority, along with a direction to determine the ancillary issue of allowable expenditure on the basis that the contextual inquiry may throw some light on the business operations of the Taxpayer. In the set-aside proceedings, the Tax Authority and the First Appellate Authority were of the view that a PE exists in India within the meaning of the India-Mauritius treaty. The Taxpayer appealed to the Tribunal after the unfavorable ruling by the First Appellate Authority. Tribunal s ruling Elements to be considered for determining a fixed place PE The Tribunal determined that the matter was principally factual. A PE seeks to compromise and harmonize the taxing jurisdiction between the source state and residence state for the purpose of taxation of business profits. Therefore, it must be understood with a view to arriving at the degree of economic penetration as per the applicable treaty that justifies a nation treating a foreign person in the same manner as a domestic person. The fixed place PE concept has the following elements: There must be a fixed place of business. This must be located in a certain territorial area. The use of the fixed place must last for a certain period of time. The taxpayer must have a certain right of use over the fixed place of business. The activities performed through the fixed place of business must be of a business character. Therefore, to decide whether a PE existed, one has to undertake a factual and functional analysis of the activities undertaken by the Taxpayer. 2
3 The word permanent in the term PE does not, in any manner, signify or denote that the right to use the place should be perpetual, but that there must be a certain degree of permanence. Even a right which is not legal in its nature may, therefore, be of no adverse consequence. In the instant case, whether the hotel rooms could be legally or contractually used for business purposes was not ascertained. Even if such use was proscribed, but was factually used, it could be considered as a PE. Application of the fixed place PE rule to the present case The Tribunal noted that the Taxpayer s claim of the services being preparatory and auxiliary in nature was inconsistent with the method of operating followed which was based on the contract and the work performed by its employees in India. If the work performed in India was merely preparatory or auxiliary, then the principal consultants would not be required to come to India and as frequently (in this case, it was on a fortnightly basis). Securing the GPI contract would require extensive execution and, thus, a presence in India. The project required constant interaction, at all levels, between the parties. The initial exchanges and interactions were to form the basis of the preliminary analysis and proposals, followed by a detailed study and its actual implementation. Since the project was executed on the basis of regular interactions between the parties, it required the Taxpayer s presence in India. In the absence of evidence, the role of the top management can be confined to just providing strategic guidance and policy framework i.e., the normal role of the top management, if and to the extent required for the project at hand. The fixed place of business, as contemplated in the treaty, is not confined to a place where the top management of the company is located. The contention that there is no fixed place because the personnel are operating from different places is without merit. It ignores the fact that the location, in case of a field job such as that of a salesman, necessarily has to be a shifting one; it, being fixed, in terms of its operating parameter(s). The continued physical presence in India at different locations which was warranted by the exigencies of the contract is undisputed. The argument that no place of business is available for the Taxpayer s team is devoid of substance. First, it is for the Taxpayer, with intimate knowledge of its affairs, to specify as to how and from where it performs its work. If the personnel seconded on the contract have not functioned from GPI s premises, the same has, of itself, no bearing on the Taxpayer s case in as much as it is for them to specify the place from where they have functioned over their continued stay in India. Surely, they could not only be meeting the Taxpayer s employees or customers or visiting retail outlets all the time, neither could they, perform their work in vacuum. In this context, the First Appellate Authority had inferred that the hotel where the Taxpayer s employees had stayed was also serving as their work place. It would appear that the Taxpayer s employees and GPI s personnel who were assigned fulltime on the project were required to work in tandem, complimenting each other. In fact, even working separately, again only implies availability of a separate place(s) at the disposal of the Taxpayer s team. Secondly, it is apparent from the method of operating that regular interviews, interactions, meetings, training sessions and seminars etc., which are, admittedly and principally, at GPI s premises is as much a part of the work undertaken by the Taxpayer as is the independent collection, collation, analysis, and review of the data being sought from the organization during any phase of the project management. Thus, the fact that some place is at the disposal of the Taxpayer or its employees during the entire period of their stay in India is manifest and eminent and follows from the work nature (or profile) and the work method followed. Thus, the Taxpayer had a PE in India during the relevant years. 3
4 Implications A fixed place PE is triggered if an FE performs a business activity through a fixed place of business. In order to be able to actually use the place of business, the taxpayer must have some control over it or have it at its disposal. A challenging issue that has often arisen is whether the taxpayer should have the legal right to use the place of business or, more accurately, the right not to be denied the use of the fixed place of business. It is recognized that formal control is not what one should seek here but, rather, the power to use the place of business, since the focus is on the actual use of the place for business activities. As acknowledged by the Tribunal, this is a factual inquiry. The OECD Commentary on Article 5 states that, while no formal legal right to use a particular place is required for that place to constitute a PE, the mere presence of an enterprise at a particular location does not necessarily mean that the location is at the disposal of the enterprise. The 2012 OECD Discussion Draft seeks to clarify that the intensity of actual presence in a place will determine whether it is a place of business for the purposes of Article 5 and not a legal right to use it. In addition, it proposes to clarify that mere intermittent or incidental presence in a place is not sufficient to make it a place of business. On the facts of the case, the Tribunal held that the Taxpayer had a factual right to carry out its business from either the client s premises or from the hotel, which could result in a fixed place PE. Foreign companies undertaking consultancy projects in India should review the impact of this ruling on their activities to assess whether the protracted presence of their employees in India could trigger a PE under an applicable treaty. Endnote 1. ITA No. 4323& 4125/Mum/2011, ITA No. 5298/ Mum/
5 For additional information with respect to this Alert, please contact the following: Ernst & Young LLP (India), Mumbai Sudhir Kapadia Ernst & Young LLP (India), Hyderabad Jayesh Sanghvi Ernst & Young LLP (United Kingdom), Indian Tax Desk, London Nachiket Deo Ernst & Young Solutions LLP, Indian Tax Desk, Singapore Gagan Malik Ernst & Young LLP, Indian Tax Desk, New York Tejas Mody
6 EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com EYGM Limited. All Rights Reserved. EYG No. CM4450 This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com
Global Tax Alert. India s AAR rules MFN clause cannot be used to benefit from make available clause. Detailed discussion
28 May 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date India
More informationDelhi Tribunal rules technical assistance constituted Service PE and related fees were effectively connected business profits
1 April 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Delhi
More informationIndia s Supreme Court establishes principles on evaluating real accrual of income for levy of tax
16 October 2013 India s Supreme Court establishes principles on evaluating real accrual of income for levy of tax Executive summary This Tax Alert summarizes a recent ruling of the Supreme Court of India
More informationIndia s Delhi High Court rules nonresident is entitled to 10% concessional tax rate on capital gains from sale of shares
15 October 2013 India s Delhi High Court rules nonresident is entitled to 10% concessional tax rate on capital gains from sale of shares Executive summary This Tax Alert summarizes a recent ruling of the
More informationMumbai appellate Tribunal rules on dependent agency permanent establishment
10 July 2013 Global Tax Alert Mumbai appellate Tribunal rules on dependent agency permanent establishment Case addresses marketing and distribution activities carried out by an Indian branch for group
More informationIndia presents Interim Budget
18 February 2014 India presents 2014-15 Interim Budget Executive summary EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationIndia s Delhi Tribunal rules on permanent establishment, profit attribution and royalty taxation
15 May 2013 Global Tax Alert India s Delhi Tribunal rules on permanent establishment, profit attribution and royalty taxation Executive summary This Tax Alert summarizes a recent ruling of the Delhi Income
More informationIndian tax authorities impose minimum alternate tax on foreign portfolio investors
29 April 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Indian
More informationHong Kong-India income tax treaty enters into force
6 December 2018 Global Tax Alert Hong Kong-India income tax treaty enters into force NEW! EY Tax News Update: Global Edition EY s new Tax News Update: Global Edition is a free, personalized email subscription
More informationIndia s Authority of Advance Rulings grants capital gains tax exemption under India Mauritius Treaty
22 September 2016 Global Tax Alert India s Authority of Advance Rulings grants capital gains tax exemption under India Mauritius Treaty EY Global Tax Alert Library Access both online and pdf versions of
More informationIndia s Bombay High Court rules on applicability of transfer pricing provisions to issuance of shares to associated enterprises
7 November 2014 International Tax Alert News from the Global Tax Desk Network EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationIndia introduces secondary adjustment and interest limitation rules
6 April 2017 Global Tax Alert News from Transfer Pricing India introduces secondary adjustment and interest limitation rules EY Global Tax Alert Library Access both online and pdf versions of all EY Global
More informationGlobal Tax Alert. Spain proposes amendments to the Spanish ETVE and participation exemption regimes. Executive summary. Detailed discussion
12 September 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationIndian Tax Administration issues draft indirect transfer rules
26 May 2016 Global Tax Alert Indian Tax Administration issues draft indirect transfer rules EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web
More informationIndia releases revised Direct Taxes Code 2013
4 April 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date India
More informationSpain proposes to strengthen CFC rules
5 November 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Spain
More informationGlobal Tax Alert. OECD releases final report on Hybrid Mismatch Arrangements under Action 2. Executive summary
11 October 2015 Global Tax Alert EY OECD BEPS project Stay up-to-date on OECD s project on Base Erosion and Profit Shifting with EY s online site containing a comprehensive collection of resources, including
More informationOECD releases final report on CFC rules under BEPS Action 3
11 October 2015 Global Tax Alert EY OECD BEPS project Stay up-to-date on OECD s project on Base Erosion and Profit Shifting with EY s online site containing a comprehensive collection of resources, including
More informationOECD releases final report on preventing the artificial avoidance of permanent establishment status under Action 7
19 October 2015 Global Tax Alert EY OECD BEPS project Stay up-to-date on OECD s project on Base Erosion and Profit Shifting with EY s online site containing a comprehensive collection of resources, including
More informationIndian tax administration issues revised guidance on transfer pricing audit procedures
11 March 2016 Global Tax Alert News from Transfer Pricing Indian tax administration issues revised guidance on transfer pricing audit procedures EY Global Tax Alert Library Access both online and pdf versions
More informationIndia s High Court of Delhi rules on transfer pricing aspects of intra-group service transactions
30 May 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationHong Kong and India sign income tax treaty
28 March 2018 Global Tax Alert Hong Kong and India sign income tax treaty EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: www.ey.com/taxalerts
More informationUpdated Decrees confirm Dutch APA/ATR procedures and practice
16 June 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Updated
More informationSouth African inbound services update
16 July 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date South
More informationIndia s Delhi High Court rules on transfer pricing aspects relating to development and enhancement of marketing intangibles
23 March 2015 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationIndia s Delhi Tribunal rules on application of Profit Split Method
29 January 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationUK HMRC issues update on diverted profits tax
20 March 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date UK
More informationGlobal Tax Alert. Spain releases second draft bill amending Spanish tax system. Executive summary. Detailed discussion
7 August 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Spain
More informationRussia s State Duma passes De-offshorization draft law
18 November 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationSharing insights. News Alert 22 April Use of hotel rooms for the purpose of business could result in a permanent establishment. In brief.
www.pwc.in Sharing insights News Alert 22 Use of hotel rooms for the purpose of business could result in a permanent establishment In brief In a recent ruling 1, the Mumbai Income-Tax Appellate Tribunal
More informationIndian Tax Administration releases final rules on Country-by-Country reporting and Master File implementation
6 November 2017 Global Tax Alert News from Transfer Pricing Indian Tax Administration releases final rules on Country-by-Country reporting and Master File implementation EY Global Tax Alert Library Access
More informationIndian Tax Administration releases draft rules on Country-by-Country reporting and Master File implementation for public comment
10 October 2017 Global Tax Alert News from Transfer Pricing Indian Tax Administration releases draft rules on Country-by-Country reporting and Master File implementation for public comment EY Global Tax
More informationAlbanian Ministry of Finance issues instruction for implementation of new transfer pricing legislation
25 July 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationGlobal Tax Alert. Singapore Tax Authority releases updated transfer pricing guidelines. Executive summary. News from Transfer Pricing
8 January 2015 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationItalian Tax Authorities rule under Advance Ruling for New Investments that logistics hub for auxiliary activities does not create PE
14 February 2017 Global Tax Alert Italian Tax Authorities rule under Advance Ruling for New Investments that logistics hub for auxiliary activities does not create PE EY Global Tax Alert Library Access
More informationGlobal Tax Alert. Executive summary. News from EU Tax Services
12 February 2015 Global Tax Alert News from EU Tax Services EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationSpecial Bench of Mumbai Tribunal rules on approach to selection of comparable data
17 March 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationDanish Government publishes report on dividend withholding tax
29 September 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationIndia revises Country Chapter comments in UN Practical Manual on Transfer Pricing Issues for Developing Countries
14 November 2016 Global Tax Alert News from Transfer Pricing India revises Country Chapter comments in UN Practical Manual on Transfer Pricing Issues for Developing Countries EY Global Tax Alert Library
More informationOECD releases final report under BEPS Action 6 on preventing treaty abuse
20 October 2015 Global Tax Alert EY OECD BEPS project Stay up-to-date on OECD s project on Base Erosion and Profit Shifting with EY s online site containing a comprehensive collection of resources, including
More informationGlobal Tax Alert. Spain releases draft bill of Spanish tax system reform. Executive summary. Detailed discussion
25 June 2014 Spain releases draft bill of Spanish tax system reform EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International-
More informationBangladesh Transfer Pricing Regulations Finance Act, 2014
30 October 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationGlobal Tax Alert. Russia publishes revised draft law on de-offshorization. Executive summary. Detailed discussion
17 September 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationSingapore and Uruguay sign income tax treaty
23 January 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Singapore
More informationFrance and Singapore sign revised income tax treaty
23 January 2015 International Tax Alert News from the Global Tax Desk Network EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationIndian High Court rules on principles for admissibility of transfer pricing appeals by High Courts
29 June 2018 Global Tax Alert News from Transfer Pricing Indian High Court rules on principles for admissibility of transfer pricing appeals by High Courts NEW! EY Tax News Update: Global Edition EY s
More informationDanish Tax Board rules that Scandinavian sales manager s work from home creates PE for German company
19 April 2017 Global Tax Alert Danish Tax Board rules that Scandinavian sales manager s work from home creates PE for German company EY Global Tax Alert Library Access both online and pdf versions of all
More informationSouth Africa issues Budget 2015
27 February 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationTanzania issues transfer pricing guidelines
30 June 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationAustralia s proposed Diverted Profits Tax to affect many multinational businesses
2 December 2016 Global Tax Alert Australia s proposed Diverted Profits Tax to affect many multinational businesses EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts.
More informationOECD releases 2013 Mutual Agreement Procedure statistics
2 December 2014 Global Tax Alert News from Transfer Pricing and Controversy EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationCzech Supreme Administrative Court rules on landmark case on debt pushdown and tax deductibility of acquisition debt costs
2 November 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Czech
More informationJapan and Chile sign income tax treaty
28 January 2016 Global Tax Alert Japan and Chile sign income tax treaty EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: www.ey.com/taxalerts
More informationSpain enacts tax reform
4 December 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Spain
More informationIndia releases Annual Report covering transfer pricing and international tax developments
5 September 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationSingapore enacts transfer pricing documentation requirements and publishes updated transfer pricing guidelines
26 March 2018 Global Tax Alert News from Transfer Pricing Singapore enacts transfer pricing documentation requirements and publishes updated transfer pricing guidelines EY Global Tax Alert Library Access
More informationGreece enacts changes in transfer pricing penalties and issues guidance on transfer pricing documentation and audit issues
27 October 2015 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationGlobal Tax Alert. OECD releases report under BEPS Action 2 on hybrid mismatch arrangements. Executive summary
23 September 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationFrench Tax Authorities release unofficial draft of Transfer Pricing Statement required to be filed with 2013 tax return
24 June 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationAustralia releases draft law implementing countryby-country. increasing penalties for tax avoidance and transfer pricing.
7 August 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Australia
More informationSouth African Tax Authority clarifies corporate tax classification of risk policies and once-off election for long-term insurers
17 February 2017 Global Tax Alert South African Tax Authority clarifies corporate tax classification of risk policies and once-off election for long-term insurers EY Global Tax Alert Library Access both
More informationOECD releases the United Kingdom peer review report on implementation of Action 14 minimum standards
26 October 2017 Global Tax Alert OECD releases the United Kingdom peer review report on implementation of Action 14 minimum standards EY Global Tax Alert Library Access both online and pdf versions of
More informationOECD releases new guidance on transfer pricing for low value-adding intra-group services under BEPS Actions 8-10
13 October 2015 EY OECD BEPS project Stay up-to-date on OECD s project on Base Erosion and Profit Shifting with EY s online site containing a comprehensive collection of resources, including news, Alerts
More informationOECD invites comments on discussion draft on treaty residence of pension funds
4 March 2016 Global Tax Alert OECD invites comments on discussion draft on treaty residence of pension funds EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts.
More informationMumbai Tribunal rules on transfer pricing aspects of intra-group software development services
13 March 2013 Global Tax Alert News and views from Transfer Pricing Mumbai Tribunal rules on transfer pricing aspects of intra-group software development services Executive summary This Tax Alert summarizes
More informationPakistan implements formal transfer pricing documentation and Country-by- Country Reporting requirements
7 August 2017 Global Tax Alert News from Transfer Pricing Pakistan implements formal transfer pricing documentation and Country-by- Country Reporting requirements EY Global Tax Alert Library Access both
More informationAustralia issues draft tax guidelines regarding transfer pricing documentation, penalties and reconstruction
17 April 2014 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationDelhi Tribunal overturns transfer pricing adjustment for excess advertising expenses in the case of a distributor
21 August 2013 Global Tax Alert News from Transfer Pricing Delhi Tribunal overturns transfer pricing adjustment for excess advertising expenses in the case of a distributor Executive summary This Tax Alert
More informationAustralian Treasury releases revised Exposure Draft on Investment Manager exemption
23 March 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Australian
More informationAustralian Taxation Office issues guidance on Advance Pricing Agreements
23 July 2015 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationHong Kong releases new practice note on concessionary tax regime for qualifying aircraft leasing activities
10 November 2017 Global Tax Alert Hong Kong releases new practice note on concessionary tax regime for qualifying aircraft leasing activities EY Global Tax Alert Library Access both online and pdf versions
More informationNigeria Federal High Court upholds TAT judgment on VAT imposed on bandwidth services provided by nonresident companies
15 February 2018 Indirect Tax Alert Nigeria Federal High Court upholds TAT judgment on VAT imposed on bandwidth services provided by nonresident companies EY Global Tax Alert Library Access both online
More informationBelgium introduces 100% participation exemption
20 March 2018 Global Tax Alert Belgium introduces 100% participation exemption EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: www.ey.com/taxalerts
More informationGermany- Philippines revised income tax treaty enters into force
4 March 2016 Global Tax Alert Germany- Philippines revised income tax treaty enters into force EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your
More informationNigeria s Federal High Court reverses TAT ruling on determination of fixed base for nonresident company
16 November 2015 Global Tax Alert Nigeria s Federal High Court reverses TAT ruling on determination of fixed base for nonresident company EY Global Tax Alert Library Access both online and pdf versions
More informationGlobal Tax Alert. OECD issues updated guidance under BEPS Action 8 on transfer pricing aspects of intangibles. Executive summary
21 September 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationGlobal Tax Alert. OECD releases report under BEPS Action 13 on Transfer Pricing Documentation and Country-by-Country Reporting.
23 September 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationItaly issues new laws with important transfer pricing and VAT implications
3 January 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Italy
More informationSpain releases draft bill on Digital Services Tax
25 October 2018 Indirect Tax Alert Spain releases draft bill on Digital Services Tax NEW! EY Tax News Update: Global Edition EY s new Tax News Update: Global Edition is a free, personalized email subscription
More informationOECD releases discussion draft under BEPS Actions 8-10 on risk, recharacterization, and special measures
24 December 2014 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date
More informationNew Australia- Germany Tax Treaty enters into force
12 December 2016 Global Tax Alert New Australia- Germany Tax Treaty enters into force EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser:
More informationSouth Africa proposes amendments to hybrid debt and hybrid equity instrument legislation
12 July 2016 Global Tax Alert South Africa proposes amendments to hybrid debt and hybrid equity instrument legislation EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax
More informationDutch Government releases proposed amendments to interest limitation provisions for consultation
23 June 2016 Global Tax Alert Dutch Government releases proposed amendments to interest limitation provisions for consultation EY Global Tax Alert Library Access both online and pdf versions of all EY
More informationNorway to impose new tax liability rules and requirements for applying reduced withholding tax rate on dividend payments to foreign shareholders
28 March 2017 Global Tax Alert Norway to impose new tax liability rules and requirements for applying reduced withholding tax rate on dividend payments to foreign shareholders EY Global Tax Alert Library
More informationEU Finance Ministers reach conclusions on new rules for Code of Conduct
14 March 2016 Global Tax Alert News from EU Tax Services EU Finance Ministers reach conclusions on new rules for Code of Conduct EY Global Tax Alert Library Access both online and pdf versions of all EY
More informationExecutive summary. EY Global Tax Alert Library
20 December 2016 Global Tax Alert Germany publishes draft bill to restrict deduction of royalties to affiliated foreign entities that benefit from IP regimes without substantial local R&D activities EY
More informationSri Lankan tax authorities implement transfer pricing regulations
30 June 2015 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationIrish Government announces Budget 2016 and publishes update on international tax strategy
16 October 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Irish
More informationLuxembourg explains its positions on Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS
13 June 2017 Global Tax Alert Luxembourg explains its positions on Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS EY Global Tax Alert Library Access both online and pdf
More informationGuinea (Conakry) enacts new Petroleum Code
27 March 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date Guinea
More informationHong Kong introduces legislative bill for corporate treasury center incentives
11 December 2015 Global Tax Alert Hong Kong introduces legislative bill for corporate treasury center incentives EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts.
More informationNew Zealand introduces new property tax measures to address rising house prices
19 May 2015 EY Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/ Services/Tax/International- Tax/Tax-alert-library#date New Zealand
More informationMauritius issues new rules on substance for GBL and other related changes
19 October 2018 Global Tax Alert Mauritius issues new rules on substance for GBL and other related changes NEW! EY Tax News Update: Global Edition EY s new Tax News Update: Global Edition is a free, personalized
More informationUK publishes Autumn Finance Bill 2017
11 September 2017 Global Tax Alert UK publishes Autumn Finance Bill 2017 EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: www.ey.com/taxalerts
More informationIndonesia releases implementing regulations on Country-by- Country Reporting
24 January 2018 Global Tax Alert News from Transfer Pricing Indonesia releases implementing regulations on Country-by- Country Reporting EY Global Tax Alert Library Access both online and pdf versions
More informationUK Government opens consultations on Making Tax Digital
16 August 2016 Global Tax Alert UK Government opens consultations on Making Tax Digital EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser:
More informationRussia implements tax law changes in 2016
26 January 2016 Global Tax Alert Russia implements tax law changes in 2016 EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: www.ey.com/taxalerts
More informationAngola requires transfer pricing documentation for 2013 transactions
20 December 2013 Global Tax Alert News from Transfer Pricing EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: http://www.ey.com/gl/en/
More informationDutch Lower Court requests Dutch Supreme Court to reconsider its case law on withholding tax reclaim requests filed by foreign investment funds
6 September 2016 Global Tax Alert Dutch Lower Court requests Dutch Supreme Court to reconsider its case law on withholding tax reclaim requests filed by foreign investment funds EY Global Tax Alert Library
More informationItaly issues important clarifications on (merger) leveraged buyout transactions
4 April 2016 Global Tax Alert Italy issues important clarifications on (merger) leveraged buyout transactions EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts.
More information