Kenya: Tax Appeal Tribunal issues rule on a case of management fees

April 13, 2021

On 1 April 2021, the Kenyan Tax Appeals Tribunal (TAT) ruled on tax disputes between McKinsey and Company Inc. Africa Limited (McKinsey / the Appellant) and the Kenya Revenue Authority (KRA / the respondent) in relation to withholding tax (WHT) on

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Denmark: MOF withdraws its litigation in significant transfer pricing cases

April 12, 2021

12 April 2021 On 25 March 2021, the Danish Ministry of Taxation has dismissed a case: SKM2018.511.LSR due to expectations that the company would succeed the case. The Ministry’s message that it admits defeat and will refrain from spending

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Chile: Avery Dennison wins Chile transfer pricing dispute

April 09, 2021

On 31 March 2021, the Tax Tribunal issued its decision in one case of: Chile v Avery Dennison Chile S.A. , relating to the appropriateness of the inter-company loan interest rates of Avery Dennis and the price of the goods sold to the company by

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Canadian mining company wants to resolve its tax dispute with NAFTA arbitration

March 05, 2021

On 2 March 2021, a publicly traded Canadian mining company (First Majestic Silver), has resorted to international arbitration to resolve an ongoing transfer pricing dispute with the Mexican government over tax reassessments the government made in

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France: Court makes decision to reflect intra-group financial transactions

February 18, 2021

The French tax administration (FTA) published some decisions issued by the French courts and an administrative guidance regarding the arm’s length nature of intragroup financial transactions. Court’s decisions: In the last quarter of

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South Africa: Court makes a decision regarding TP methods

February 16, 2021

On 7 January 2021, in the case of: ABC (Pty) Ltd v. Commissioner (IT 14305) ZATC 1,  the South African Court upheld a transfer pricing  adjustment for a taxpayer that failed to have transfer pricing documentation to support the arm’s

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Nigeria: Tax Appeal Tribunal rules on tax assessments

December 22, 2020

On 8 October 2020, the Tax Appeal Tribunal delivered a ruling in the case of Citibank Nigeria Limited v. Rivers State Board of Internal Revenue (RBIR). The Tribunal held that the tax authorities must prove that there was fraud, willful default or

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US: Tax court issues its opinion in case of Coca-Cola Co. v. Commissioner

November 23, 2020

On 18 November 2020, the U.S. tax court issued its opinion in a case of Coca-Cola Co. v. Commissioner, 155 T.C. No. 10. The tax court decision upheld two IRS adjustments that had contributed to increasing Coca-Cola’s taxable income by more than

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ECJ: Ruling on Transfer Pricing Treatment of Bank Transfers Between Branch and Parent

October 28, 2020

On 8 October 2020 the European Court of Justice (ECJ) ruled on Romania’s transfer pricing rules in relation to bank transfers from a branch to a head office that is located in another EU Member State. Impresa Pizzarotti concluded two loan

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Czech Republic: Supreme Court makes a decision regarding transfer pricing issues

October 21, 2020

Recently, the Supreme Administrative Court has issued a landmark decision for companies that have incentives to invest in older systems. The court confirmed that failure to meet the condition not to increase the tax base for calculating tax relief

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Denmark: National tax court clarifies TP documentation rules for intergroup companies

October 16, 2020

On 24 September 2020, the Danish Tax Administration published a Decision No. SKM2020.387.LSR, clarifying the transfer pricing documentation requirements for a change of business structure within a group company. The case concerns a Danish

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Canada: The Tax Court makes a decision in a case regarding transfer pricing dispute

September 16, 2020

On 27 August 2020, the Tax Court of Canada made a decision in a case, Canada vs AgraCity Ltd. and Saskatchewan Ltd., in favor of Candian company AgraCity Ltd. and related company, Saskatchewan Ltd. The AgraCity Canada had entered into a Services

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Czech Republic: Supreme Court makes a decision regarding statute of limitations

August 05, 2020

On 2 July 2020, the Supreme Court issued a decision against the tax authorities regarding statute of limitations period extension. On 25 November 2015, the tax authority started a tax inspection concerning the taxpayer’s corporate income

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EU: Court Annuls decision of European Commission on Irish State Aid to Apple

July 15, 2020

A press release of 15 July 2020 stated that the General Court of the European Union has annulled the European Commission’s decision that tax rulings by Ireland in favour of Apple amounted to illegal state aid. The press release noted that the

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Canada: Federal Court of Appeal makes a decision in a transfer pricing case

July 13, 2020

On 26 June 2020, the Federal Court of Appeal made decision in a transfer pricing case, entitled “The Queen v. Cameco Corporation, 2020 FCA 112” in favour of the taxpayer, i.e. Cameco Corporation. The Cameco Corporation, together with its

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Denmark: Supreme Court makes a decision regarding royalties and TP documentation

June 30, 2020

On 25 June 2020, the Supreme Court made a decision on a case, entitled “Denmark vs. Adecco A/S”, in favor of Danish company, Adecco, and its Swiss parent company in a dispute involving the deductibility of royalties and the sufficiency of

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US: Supreme Court Will Not Review Ninth Circuit Decision in Altera case

June 24, 2020

On 22 June 2020 the US Supreme Court announced that it would not review the Ninth Circuit panel decision in the Altera case. The Ninth Circuit decision of 7 June 2019 that upheld the validity of US cost sharing regulations therefore still

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Norway: Supreme Court issues rules in favor of Shell subsidiary in transfer pricing case

June 16, 2020

On 28 May 2020, the Norwegian Supreme Court issued a ruling in a transfer pricing case between the Shell group’s Norway subsidiary, A/S Norske Shell, and the Norwegian oil taxation office. A / S Norske Shell has petroleum activities on the

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