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   November/December 2016  
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Asia-Pacific Tax Bulletin
This free e-mail service informs you about the contents of the forthcoming edition of Asia-Pacific Tax Bulletin.

Issue No. 6 - 2016 of the Asia-Pacific Tax Bulletin is now available online.

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Number 6 - 2016 contains the following:
Global Tax Policy Post-BEPS and the Perils of the Silk Road
Romero J.S. Tavares and Jeffrey Owens
This article addresses the implications of the OECD’s BEPS proposals for investment in, and the growth of, Asian economies. The authors argue that, in the post-BEPS world, Asian countries should adopt international coordination and cooperation, expand their permanent establishment rules and broaden their interpretations of the arm’s length principle to their best economic advantage, rather than unilaterally and incoherently over-implementing the new anti-BEPS weapons.
Hong Kong
Recent Developments in Hong Kong’s Exchange of Information Rules
Alfred Chan
In this article, the author discusses the 2010, 2013 and 2016 amendments to Hong Kong’s Inland Revenue Ordinance, to bring Hong Kong into line with the OECD’s international standards on exchange of information. The author outlines the objectives of the amendments and comments on the changes made in each of those years.
Interpretation of the Term “May Be Taxed”
Kamlesh Chandra Varshney
In this article, the author examines the way in which India’s courts and Income Tax Appellate Tribunal have applied the term “may be taxed” in India’s double taxation treaties. He finds that, despite a notification issued by the Central Board of Direct Taxes in 2008, which prescribes how the term is to be interpreted, many judicial decisions have failed to apply the ruling, and to address commentaries explaining the meaning of the term. Since this has led to uncertainty in application of the treaties, the author advocates early reconsideration of the issue by India’s Supreme Court.
Deemed International Transactions: A Journey towards Substance over Form
Abhishek Dugar
This article discusses the means by which multinational enterprises structure international transactions using associated enterprises to avoid India’s transfer pricing rules. The author examines the development of the deeming provisions in India’s income tax law, which are intended to counter the legal form of the arrangements, and considers how amendments to the law in 2014 have failed to address some types of transfer pricing arrangements which use foreign associated enterprises.

The Principle of Mobilia Sequuntur Personam and the Situs of Intangible Property: The Brew of Foster’s High Court Case

Aseem Chawla, Pranshu Goel and Shubhangi Arora
This article examines the decision of the Delhi High Court to apply the doctrine of mobilia sequuntur personam to restrict India’s jurisdiction to tax gains derived by the Foster’s brewing group on the sale of intellectual property used in India. The authors address the reasoning behind the decision of the Authority for Advance Rulings in favour of the Indian tax authority and its subsequent rejection by the High Court. They also discuss how the High Court decision could have been enhanced by incorporating a more comprehensive discussion of overseas precedents.
Provision of Services from Outside Australia
C. John Taylor
This case note explains the Federal Court of Australia’s 2015 and 2016 decisions in Tech Mahindra v. Commissioner of Taxation, concerning the imposition of Australian withholding tax on royalty payments made to the taxpayer – which had a permanent establishment in Australia – for the provision of services to its Australian customers by its employees who were located in India at the time that the services were performed.
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