January/February 2017  
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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. 1 - 2017 of the Asia-Pacific Tax Bulletin is now available online.

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Other publications and courses available on Asia and the Pacific:

Text
Tax Treaties Database
[Conference]
3rd annual Africa Tax Symposium 2017
Trends in International Taxation: An African Perspective
10-12 May 2017,
Accra
> Read more

You might also be interested in:
[Course]
Principles of Transfer Pricing
10-14 July 2017
Kuala Lumpur
> Read more

Number 1 - 2017 contains the following:
ARTICLES
Australia

Interest Deductibility and BEPS Action 4

Anton Joseph

This article examines recommendations made by the Australian Board of Taxation to address deficiencies in the country’s debt equity rules, which facilitate excessive interest deductions by multinational corporations. In the context of legislation currently before the Australian Parliament, the author discusses how Australia is proceeding to confront the issue irrespective of the OECD’s recommendations on BEPS Action 4.

Australia

New “Backpacker Tax” Finally Enacted

Dorcas Wong and Michael Butler

The authors address the new “backpacker tax”, which has recently been introduced in Australia. The new legislation makes foreign working holiday makers pay more tax on their casual earnings. The authors discuss the manner in which the legislation developed and how a last-minute compromise ultimately allowed the new tax to operate from 1 January 2017.

India

Making Available Technical Expertise and Being Effectively Connected to a Permanent Establishment

Radhakishan Rawal

This article discusses the recent decision of the Income Tax Appellate Tribunal (Delhi) in which the Tribunal found that a substantial part of the payment made by the Board of Control for Cricket in India to a United Kingdom resident company to establish and run the Indian Premier League was taxable in terms of article 13 of the India-United Kingdom tax treaty. The author analyses the key aspects of the Tribunal’s decision, covering the scope of India’s domestic law source rule, the “make available” condition in article 13(4)(c) of the treaty, the scope of the “effectively connected” to a permanent establishment requirement – and the Tribunal’s interpretation – of article 13(6), and the interplay between the “effectively connected” condition and the need for profits to be “attributable to” a permanent establishment under article 7 of the treaty.

India

Taxation of Fees for Technical Services: An Analysis of Indian Tax Treaties and Their Journey Through the Courts

Jyoti Pal

This article presents an analysis of the definitions of “fees for technical services” in India’s domestic tax law and double tax treaties. The author undertakes a comprehensive review of Indian case law interpreting the provisions of the Income Tax Act and tax treaties that deal with the taxation of income derived from the supply of technical services by non-residents. Using this analysis, the author proposes measures to fill the lacunae in the current OECD and UN model tax treaties, and thereby curb the tax leakage presently suffered by source states which import technical services.

INTERNATIONAL PERSPECTIVE ON ASIA-PACIFIC TAXATION AND INVESTMENT