June/July 2015  
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Bulletin for International Taxation
 
This free e-mail service informs you about the contents of the forthcoming edition of Bulletin for International Taxation.

Issue No. 6/7 - 2015 of the Bulletin for International Taxation is now available online.

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Other publications and courses available on International Taxation:

[Conference]
69th Congress of the International Fiscal Association
30 August–3 Sept, Basel. Visit us at booth 17.
> Read more

[Course]
Base Erosion and Profit Shifting
Johannesburg
14-16 October 2015

> Read more



Number 6/7 - 2015 contains the following:
EDITORIAL

International/OECD

The Road Home? Finalizing and Implementing the BEPS Agenda
Graeme Cooper and Miranda Stewart

In this Editorial, the authors explain the context of this Special Issue of the Bulletin for International Taxation.

ARTICLES ON BASE EROSION AND PROFIT SHIFTING

International/OECD

Permanent Establishments and Action 1 on the Digital Economy of the OECD Base Erosion and Profit Shifting Initiative – The Nexus Criterion Redefined?
Daniel W. Blum

The author, in this article, examines the proposals made by the OECD in relation to Action 1 of the Base Erosion and Profit Shifting initiative regarding the digital economy with particular focus on the various changes suggested in relation to the concept of a permanent establishment and the nexus idea enshrined in article 5 of the OECD Model.

OECD/International

Interest Deductions and Multinational Enterprises: Goldilocks and the Brave New World
Chloe Burnett

This article compares the “brave new” group-wide approach under Action 4 of the G20/OECD Base Erosion and Profit Shifting initiative to the fixed ratio alternative. The conclusion is that the group-wide approach, which is not as novel as some assume, should be supported. Resisting the “Goldilocks” standard of perfection, it can be combined with a modest fixed ratio safe harbour.

Australia/International/OECD

Some Thoughts on the OECD’s Recommendations on Hybrid Mismatches
Graeme S. Cooper

In this article, the author sets out his views on the various proposals contained in the Recommendations Paper in respect of the OECD’s Base Erosion and Profit Shifting initiative with regard to hybrid mismatches.

OECD/Canada

Action 4 of the OECD Action Plan on Base Erosion and Profit Shifting Initiative: Interest and Base-Eroding Payments – Insights from the Canadian Experience
David G. Duff

This article provides a Canadian perspective of Action 4 of the OECD Action Plan on Base Erosion and Profit Shifting. The Canadian experience suggests that countries acting on a unilateral basis are more concerned by base erosion undertaken by non-residents than by residents.

OECD/International/China

China and Base Erosion and Profit Shifting: From a Norm-Taker to a Norm-Shaker
Jinyan Li

In this article, the author considers the implications for China of the G20/OECD Base Erosion and Profit Shifting (BEPS) initiative and the international implications of China’s BEPS measures.

OECD

Labour Rents, Arm’s Length Transfer Pricing, and Intangibles: Still Searching for a Solution to the BEPS
Mitchell A. Kane

In this article, the author critically evaluates the tax treatment of "location savings" proposed by the OECD Base Erosion and Profit Shifting (BEPS) project.

International/OECD

Developing Countries’ Reactions to the G20/OECD Action Plan on Base Erosion and Profit Shifting
Carmel Peters

This article describes and examines the reactions of developing countries to the G20/OECD Action Plan on Base Erosion and Profit Shifting as communicated to the Subcommittee on Base Erosion and Profit Shifting Issues for Developing Countries of the UN Committee of Experts on International Cooperation in Tax Matters.

India/OECD

Base Erosion and Profit Shifting: An Indian Perspective
D.P. Sengupta and R. Kavita Rao

In this article, the authors review the economic and legal evidence of base erosion and profit shifting (BEPS) in India.

OECD/International/Australia

Improving Treaty Dispute Resolution – An Australian Perspective
Jonathon Spencer and Andrew Mills

This article addresses current issues relating to the arbitration provision of article 25 of the OECD Model and recent Australian taxation dispute developments at the domestic level. Both of these are considered in the context of the OECD Base Erosion and Profit Shifting initiative.

International/OECD

Abuse and Economic Substance in a Digital BEPS World
Miranda Stewart

The author, in this article, considers the key issues of abuse and economic substance in relation to the G20/OECD Base Erosion and Profit Shifting initiative, with special emphasis on Action 1 and Action 6 of the OECD Action Plan.

OECD/United States

The Politics of BEPS – Apple’s International Tax Structure and the US Attitude towards BEPS
Antony Ting

This article aims to highlight the US attitude towards BEPS (as revealed by the hearings regarding the international tax structures of Apple and Caterpillar) and suggests that the attitude does not seem to have changed in the BEPS Project so far.

TAX TREATY CASE LAW MONITOR

Netherlands/Malta

Maltese Laws Held To Be Special Regime under Malta-Netherlands Income and Capital Tax Treaty (1977)
Hans Mooij

The author, in this article, examines a recent decision of the Netherlands Supreme Court (Hoge Raad), in which Maltese laws, due to their low tax rate of 6.25%, were held to be a special regime under the Malta-Netherlands Income and Capital Tax Treaty (1977), thereby excluding taxpayers from the application of the treaty.

ARTICLES

International

Report of the Proceedings of the Fifth Assembly of the International Association of Tax Judges (23-24 October 2014)
Della Bauserman, Maggie Stehn and Kathy L. Lovett

The report summarizes the proceedings of the Fifth Assembly of the International Association of Tax Judges, held in Washington, D.C. on 23 and 24 October 2014.

Germany

Recent Developments Regarding German International Tax Law
Christian Kahlenberg

On 19 December 2014, the German Federal Council (Bundesrat) approved the Law To Adapt the German Tax Code to the Union Customs Code and To Change Further Fiscal Provisions (ZollkodexAnpG), which contains important amendments regarding international tax law. This article briefly describes the changes.

MAJOR FORUM FOR CROSS-BORDER DEVELOPMENTS AND INTERNATIONAL TAXATION