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European Taxation
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Issue No. 2-3 - 2015 of the European Taxation is now available online.

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Number 2-3 - 2015 contains the following:
Recent Transfer Pricing Developments
Bruno Gouthière
This article summarizes recent transfer pricing amendments, including new reporting obligations intended to provide the tax authorities with more information in carrying out transfer pricing audits. Further, the article highlights recent court cases that indicate that the French tax courts are still very careful in ensuring that the tax authorities back up their adjustments with sufficient evidence.
Recent Tax Jurisprudence on the Concept of Beneficial Ownership for Tax Treaty Purposes
Francesco Avella
This article provides an overview of recent Italian tax jurisprudence on beneficial ownership for tax treaty purposes. The aim is to find common threads, where existing, and to show, in general, how the Italian tax courts have been approaching the matter.
The Luxembourg Private Foundation: A Flexible Tool for Private Wealth Management
Jean Schaffner and Florent Trouiller
This article outlines the tax implications of the private foundation, a flexible vehicle to manage assets and to guarantee the continuity of management of a family business, which will be introduced as a means of contributing to the development of the Luxembourg private banking sector.
Fiscal State Aid: Lights and Shadows in the 2013 Commission Decision on the Spanish Tax Lease System
Gemma Martínez Bárbara
The author, in this article, critically analyses the European Commission’ s ruling of 17 July 2013 finding that the
Spanish tax lease system constitutes State aid to certain Economic Interest Groupings and their investors and comments on the different elements that could be taken into account by the General Court in the annulment action procedure brought on 25 September 2013 by Spain in Spain v. Commission (Case T-515/13).
European Union
The (In)Compatibility of IP Box Regimes with EU Law, the Code of Conduct and the BEPS Initiatives
Fabian Mang
The author, in this article, evaluates whether or not the current IP box regimes in the European Union comply with primary EU law, the Code of Conduct for business taxation and the BEPS initiatives. In particular, the author analyses the IP box regimes in Luxembourg, the Netherlands and the United Kingdom.
United Kingdom
UK Anti-Avoidance – Where Are We Now?
Douglas Roxburgh
This article sets out the UK tax law as it currently applies where tax is avoided on transactions solely within the UK taxing jurisdiction. The article does not deal with tax evasion but does explain the new provisions for the accelerated identification of avoidance, and collection of tax avoided
Latvia as a Holding Company Jurisdiction
Zigurds G. Kronbergs
This article examines aspects of the corporate tax system of relevance to holding companies, including the
treatment of inbound income streams, transfer pricing, withholding taxes on outbound payments, interest, losses, group taxation and a notional interest deduction, mergers and demergers, company migration, Latvia’ s tax treaty network and the tax rate and general tax climate, followed by a brief survey of non-tax issues.
Malta and the Hybrid Loan Amendment to the EU Parent-Subsidiary Directive
Astrid Vroom
This article focuses on developments surrounding the hybrid loan amendment to the Parent-Subsidiary Directive (2011/96) and why this amendment may conflict with certain core principles of taxation in Malta.
Laura Ambagtsheer-Pakarinen
Some Recent Decisions of the European Court of Human Rights on Tax Matters
Philip Baker
In this note, the author examines recent decisions of the ECtHR relating to human rights and taxation including the application of the prohibition of double jeopardy regarding tax offences; the right to an oral hearing in tax surcharge cases; rights to enjoyment of property and the margin of appreciation; tax exemptions and
tax deductions in relation to religious organizations; and confidentiality, freedom of speech and taxpayer information.
Opinion Statement ECJ-TF 3/2014 of the CFE on the decision of the European Court of Justice of 23 January 2014 in DMC (Case C-164/12), concerning taxation of unrealized gains upon a reorganization within the European Union
CFE ECJ Task Force
Opinion Statement ECJ-TF 4/2014 of the CFE on the decision of the European Court of Justice in SCA Group Holding BV et al. (Joined Cases C-39/13, C-40/13 and C-41/13), on the requirements to form a “fiscal unity”
CFE ECJ Task Force
2014 Tax Highlights
Aleksandar Milosavljevic
In this note, the author describes tax amendments introduced in 2014, including changes to certain exemptions
for newly incorporated entities, a new provision providing for a discount for taxes duly paid, as well as provisions
on real estate transfer tax.
The Effects of the ECtHR’ s Eko Elda Avee and Riener Decisions on Turkish Tax Law
Billur Yaltı
This note discusses the impact of the European Court of Human Rights decisions in Eko Elda Avee (2006) and
Reiner (2006) on the case law of the Turkish Constitutional Court.