May 2014  
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Issue No. 5 - 2014 of the European Taxation is now available online.

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Number 5 - 2014 contains the following:
ARTICLES
Netherlands
Corporate Income Tax: Marking the Passage of Time
Jaap Bellingwout
Triggered by the international debate on aggressive tax planning and base erosion and profit shifting, the author goes back to the basic principles of corporate income tax (CIT). In this article, the author explores whether CIT, as a tax on an entity’ s profit in its current form, has reached its outermost limits both in the Netherlands and
internationally, and whether the basic principles of CIT should be redesigned in order to reshape its future.
European Union
R&D&I Tax Incentives in the European Union and State Aid Rules
Begoña Pérez Bernabeu
Although tax incentives are an effective tool for promoting R&D&I, depending on their design they may qualify as State aid (article 107(1) of the TFEU) unless exempted by the Commission (article 107(3) of the TFEU). This article discusses the role of State aid rules in respect of R&D&I incentives and the need to ensure R&D&I promotion policies in Europe are on equal footing with the rest of the world, thus ensuring a level playing field for European
undertakings in global markets.
Germany
Case Closed: Tax Treatment of US S-Corporations under the Germany-United States Income and Capital Tax Treaty – Treaty Benefits for Hybrid Entities
Richard Xenophon Resch
The author discusses a series of recent German court decisions addressing the issue of whether US S-Corporations must be granted the reduced withholding tax rate of 5% on German-sourced dividends under the Germany-United States Income and Capital Tax Treaty. The final Federal Fiscal Court decision clarifies the
interpretation of treaty article 1(7) concerning income derived by and through fiscally transparent persons and is
relevant for the application of the treaty to all hybrid entities.
Netherlands
The Netherlands Has Not Turned a Blind Eye towards the International Debate Regarding Tax Planning
Patrick T.F. Schrievers and Joost Vogel
In response to the international debate on base erosion and profit shifting, the Netherlands has introduced several measures that focus on improving transparency. In this article, the authors discuss these measures and also clarify the Netherlands position. The authors also comment on the Netherlands parliamentary discussions on the Commission’ s proposal of 25 November 2013 to amend the EU Parent-Subsidiary Directive.
EU UPDATE
Commission
Tamás Kulcsár
Council
Tamás Kulcsár
Court of Justice
Tamás Kulcsár
CFE NEWS
Opinion Statement ECJ-TF 1/2014 of the CFE on the decision of the European Court of Justice in Åkerberg Fransson (Case C-617/10) Concerning Ne Bis in Idem in Tax Law
ECJ Task Force of the CFE
This Opinion Statement prepared by the CFE ECJ Task Force comments on Åkerberg Fransson (Case C-617/10).
WHAT'S GOING ON IN ...
Germany
Operating Expenses in the Event of a Failed Start of a Permanent Establishment with Real Estate in the
European Union
Adrian Cloer, Annemarie Conrath and Nina Vogel
This note outlines recent case law from German (lower) fiscal courts with respect to final cross-border losses that are generated due to a failure to establish a business unit abroad.
Italy
New Provisions Regarding the Taxation of the Digital Economy
Luigi Quaratino
This note summarizes recently enacted provisions that attempt to address the problem of the taxation of the
digital economy in Italy, including a VAT provision (web tax) (subsequently repealed) and a transfer pricing
provision.
United Kingdom
UK Tax Breaks for the 2014 Commonwealth Games in Glasgow
Karolina Tetłak
In this note, the author outlines the various tax concessions contained in Finance Act 2013 for non-UK resident athletes involved in the 2014 Commonwealth Games in Glasgow in respect of income related to the event.
OFFICIAL JOURNAL OF THE CONFÉDÉRATION FISCALE EUROPÉENNE