UK: National audit office reports unrecovered tax debt of GBP15.1bn
National audit office of UK has reported that that HM Revenue and Customs (HMRC) is owed at least GBP15.1bn in unpaid debt. The report also adds that the Government should revise this responsibility and thus the recovery of tax credit over payments
See MoreSpain: National court decides intra-group debt transaction as fraud of law
The Spanish National Court decides the case of Sabic Innovative against the tax administration (Appeal 367/2010) as fraud of law. The Court ruled that the intra-group debt transaction is usually tax-driven and did not have an economic or business
See MorePeru – Reduced rate of general sales tax
Peru’s tax administration issued a resolution concerning the reduced rate of general sales tax on 1 February 2014. The general sales tax is charged on the purchase price of certain goods and services. The resolution will be effective from 1 March
See MoreMalta intends to amend taxation rules
Malta is intending to amend the rules relating to the taxation (and withholding tax) on amounts distributed by corporations from profits. One of the amendments will change the definition of a recipient in respect of withholding tax on distributions
See MoreKenya: Tax Appeals Tribunal Bill 2013 signed into law
The Tax Appeals Tribunal Bill 2013 was signed into law on 2 December 2013. The Act is not yet in effect and awaits the Cabinet Secretary for the National Treasury to publish its commencement date. When the Bill is passed the Tax Appeals Tribunal
See MoreColombia – New criteria for determining large taxpayer issued
Colombia’s tax administration has issued guidance establishing new criteria for determining who qualifies as a “large taxpayer”. Being identified as a “large taxpayer” may affect specific arrangements for paying taxes, and may affect both
See MoreArgentina: Income tax changes relating to share transfers and dividends
Changes have been made in Argentina to the income tax treatment of securities, the transfer of shares and dividend distributions. On 7 February 2014, Decree 2334 was published in the official gazette. This Decree implements income tax changes as
See MoreCroatia ratifies convention on Mutual Administrative Assistance in Tax Matters
On 31 January 2014, the Croatian parliament ratified the multilateral Convention on Mutual Administrative Assistance in Tax Matters, signed on 25 January 1988 and the amending protocol signed on 27 May 2010. This multilateral Convention is seen as
See MoreUnited Kingdom – Supreme Court addresses cross-border group losses
The UK Supreme Court on 19 February 2014 issued its judgment relating to three remaining issues in the Marks & Spencer case—i.e., the case addressing a cross-border group relief claims. The Court found that the conditions for the “no
See MoreSouth Africa: Tax Guide for South African Shareholders Revised
The South African Revenue Service (SARS) has issued a revised edition of its Tax Guide for Share Owners, which provides general guidance on the tax consequences of holding shares as trading stock compared to holding them as capital assets. The Guide
See MoreSingapore – Tax proposals in 2014 budget
Singapore’s 2014 budget statement was presented on 21 February 2014. An initial review of tax measures included in the budget statement reveals there are provisions that would achieve the following changes: The budget if passed into law would
See MorePhilippines Business Requests Elimination of Aviation Fuel Tax
The Joint Foreign Chambers of the Philippines (JFC) have requested that the Government cuts the excise tax on aviation fuel for international carriers, after a Supreme Court (SC) decision to cancel refunds had effectively imposed higher taxation. In
See MoreSpanish capital gains tax rules found to be discriminatory by Supreme Court
In a decision on 25 October 2013 in the Brambles France case (appeal No 1374/2011), Spain's Supreme Court ruled that the capital gains tax on non-residents may be discriminatory in some cases. The case involved a French company that sold its shares
See MoreMalaysia: New Public Ruling on Withholding Tax on Special Classes of Income
The Inland Revenue Board of Malaysia issued Public Ruling No. 1/2014 (PR No. 1/2014) on Withholding Tax on Special Classes of Income on 23 January 2014. The special classes of income covered by the public ruling include amounts paid in consideration
See MoreEuropean Parliament Urged To Outlaw Anonymous Shell Companies
The European Parliament has been urged to support the creation of public registries of corporate ownership. This suggestion has been made by a Washington DC-based research and advocacy organization. Global Financial Integrity (GIF) studies and
See MoreNetherlands – Distinction between loan interest and dividend
The Netherlands Supreme Court (Hoge Raad) on 7 February 2014 issued two decisions affecting taxpayers. The first decision related to whether a payment would be regarded as interest on a loan or as a participation dividend paid on a share capital
See MoreHong Kong: Tax concession for captive insurance companies
On 8 January 2014 legislation was introduced into the Legislative Council to provide a profits tax concession to captive insurance companies for profits from their business of insurance of offshore risks. These profits are to be chargeable to
See MoreECJ to investigate Portuguese exit tax
The European Court of Justice (ECJ) will investigate tax residency rules in Portugal; this results from a referral by the European Commission which considers the Portuguese rules applicable to taxpayers who are no longer resident in the country to
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