Luxembourg: New circular declares VAT exemption for risk management services

10 December, 2013

“Administration de l’Enregistrement et des Domaines”, the Luxembourg VAT Authorities issued a Circular (Circular n° 723 ter) on 7th November 2013, confirming that risk management services for funds could be VAT exempt. The guidance from the

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Luxembourg wants acceleration of negotiation on Savings Tax

10 December, 2013

Luxembourg has called on the European Commission (EC) to accelerate negotiations with third party countries, to make sure that progress is made on plans to modify the Savings Tax Directive. The Savings Tax Directive is designed to ensure that income

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Luxembourg Considers Tax Rise

10 December, 2013

The assessment of current negotiations on the formation of a new Government of Luxembourg is that there is a pledge to redressing the public finances if necessary with recourse to tax measures. However Luxembourg is starting from a favorable

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Ireland: Tax hike hits Irish savings

10 December, 2013

According to one well known financial institution (the Nationwide Building Society), the Irish Finance Minister has decided to raise the Deposit Interest Retention Tax (DIRT) and it represents a very bad news for Irish savers. The extent of

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Hungary- Amendments to Corporate Law

10 December, 2013

Hungary is going to modify its civil code by making significant changes to the corporate law which is likely to become effective from March 2014. According to the amendments, new companies may be permitted to establish their own company guidelines

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France – reform to the tax procedure of life insurance contracts

10 December, 2013

The French Ministry of Finance presented the year-end supplementary finance bill of 2013 to the Council of Ministers. The bill comprise of plans to reform the tax procedure of life insurance contracts. The ministry is planning to increase the rate

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Russia–Readjusting the taxable base for transfer pricing purposes may impact on the VAT base

10 December, 2013

The Russian Ministry of Finance has made public Letter No. 03-01-18/19214 clarifying the rights of tax authorities to readjust the taxable base in the case of selling goods and performing of works or services between related parties. Article 105.3

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Russia – Controlled transaction is classified as transactions within individuals

10 December, 2013

The Russian Ministry of Finance (MoF) has issued Letter No.03-01-18/38106 on September 16, 2013 that explains whether transactions with individuals should be treated as controlled transactions for the purposes of transfer pricing regulations.

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Russia-Applicable fields for applying thin capitalization rules

10 December, 2013

The Ministry of Finance has published Letter No. 03-08-05/23521 regarding the applicability of the thin capitalization rules to interest payments made by a Russian company on a loan granted by a Russian bank issued on June 21, 2013. For example, a

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Finnish Administrative Supreme Court Order to pay interest on refunds of withholding tax collection

10 December, 2013

According to the Finnish Supreme Administrative court decision, Finland tax authority must pay interest on refunds of withholding tax collected in contrast to the EU law. The interest rate imposed on withholding tax refunds varies annually. In the

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Egypt: Forbidden Progressive Tax Plans

10 December, 2013

Recently, the Egyptian committee has forbidden plans to include an article in the country’s basic law providing that progressive taxation should serve as a basis for tax policy. From the 2011 uprising, Egypt has been planning the idea of

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France – Arm’s length indemnification for unfair termination of contracts

10 December, 2013

In two court cases of France it was reported on 9 January 2013 that a failure to provide the required notice period with respect to a group restructuring may provide a cause of action for an award of compensation for unfair termination of a

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France – Transfer pricing adjustments been recognized by the Appellate courts

10 December, 2013

The Administrative Courts of Appeal of France recently issued decisions affirming transfer pricing adjustments which are as follows: Lyon court of appeals The Administrative Appeals court in Lyon concluded that Frenchco exercised direction and

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France – Administrative Court of Appeal of Paris denies use of secret comparables

10 December, 2013

The Administrative Court of Appeal of Paris gave its decision in Nestlé Entreprises v. Minister of Economy and Finances (No. 12PA00469) on 5 February 2013 concerning the use of secret comparables under the transfer pricing regulation, article 57 of

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Switzerland: Flat’s Tax support to SMEs

10 December, 2013

It was reported that SGV (Switzerland’s main trade association), represents small- and medium-sized enterprises (SMEs) in Switzerland, has accepted the decision of the Swiss Council of States to refuse the people’s initiative calling for an end

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India: Determines arm’s length price of share transfers

10 December, 2013

The Income-tax Appellate Tribunal has held that the discounted cash flow method was preferable over the “yield” method or “net asset value” method for purposes of determining the arm’s length price of shares transferred to related parties.

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Switzerland: Tax burden remain stable in 2014

10 December, 2013

According to a media report, the Swiss Federal Department of Finance has issued its tax exploitation index for 2014 on 10 December 2013; it disclosed that the average tax burden in Switzerland will remain same in 2014, compared to 2013. On average,

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China: Financial sector faces issues on transition to VAT

09 December, 2013

In the transition to a value added tax (VAT) system, the financial services sector in China will need to consider certain issues.China’s Ministry of Finance suggests that- to a VAT system in China, modern principles of VAT would be applied. The

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