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ARTICLES
Germany
New Transfer Pricing Rules
Axel Eigelshoven and Kathrin Stember
63-67
The German government took the opportunity of the 2008 corporate tax reform to introduce significant changes to the arm’s length principle, along with a number of other income and general tax code changes. The authors highlight the major changes referring to the German transfer pricing rules and present a critical review.
International
The True Importance of Significant People Functions
Danny Oosterhoff
68-75
This article discusses the concept of significant people functions and the meaning thereof in practice. It also touches upon the importance of significant people functions for purposes of Art. 9 of the OECD Model Tax Convention, as the concept of significant people functions and its underlying importance goes beyond attributing profits to permanent establishments.
India
Supreme Court Ruling on Outsourcing Industry Opens Debate on Interpretation of Permanent Establishment Issues
Vispi T. Patel and Rajesh S. Athavale
76-87
This article examines the ruling of the Supreme Court in Morgan Stanley and the ramifications of that case for the interpretation of the treaty article on permanent establishments and the attribution of profit to a permanent establishment in an international context. Other Indian court cases that shed light on these issues are also considered.
COMPARATIVE SURVEY
Transfer Pricing Rules for Transactions Involving Low-Tax Countries
This survey deals with the particular constraints and opportunities connected with the relationship between transfer pricing policy and tax and business planning from both a domestic and a treaty law perspective. Each contributor will set out how the relevant country in general focuses on transactions between its residents and residents of low-tax countries. The responses to this central issue provide the reference framework for the evaluation and assessment of the rules aimed at combating restructuring operations on the grounds of abuse of law or abuse of local transfer pricing rules. The different flavours in the range of measures intended to challenge adverse positions, are briefly considered.
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Argentina
Omar Beretta
89-95
Belgium
Isabel Verlinden and Mourad Chatar
96-98
Lucembourg
Jean Schaffner
99-101
Netherlands
Rudolf Sinx and Keetie Sijm
102-108
RECENT DEVELOPMENTS
United States
Treasury Report on International Tax Issues: Staying the Course on Efforts to Curtail Tax Base Erosion
Samuel M. Maruca and Rocco V. Femia
109-115
The US Treasury Department recently issued a long-awaited report on its study of current US earnings stripping rules, the effectiveness of transfer pricing rules under Sec. 482 and the sufficiency of the US income tax treaty network in limiting perceived abuse. With regard to each of the three areas covered by the Study, this article provides relevant background, summarizes Treasury's conclusions and offers the additional insights of the authors.
CUMULATIVE INDEX
115
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