April 2017  
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European Taxation
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Issue No. 4 - 2017 of the European Taxation is now available online.

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Number 4 - 2017 contains the following:
European Union

ATAD 2: Anti-Tax Avoidance Directive

Tomas Balco

This article addresses the European Commission’s 25 October 2016 proposal for a Council Directive to address hybrid mismatches with third countries. In addition to discussing the initial proposal of the Commission, the author explains the pitfalls of the proposed Directive and the concerns and positions of selected Member States. Further, comments are made on the work being undertaken by the Council, together with the Member States and with the support of the OECD, to strengthen the Commission’s proposal.


Convertible Debt Instruments in International Tax Law – Part 1

Jakob Bundgaard

This two-part article contains an in-depth analysis of a variety of convertible debt instruments from the perspective of international tax law. Part 1 covers optional convertible instruments, mandatory and reverse convertibles, contingent convertibles, warrants and option loans and provides an overview of domestic law in a number of countries. Part 2, to be published in European Taxation 5 (2017), analyses the classification and treatment of the different types of convertible debt instruments from the perspective of EU corporate tax directives and tax treaties.

European Union/Netherlands
Symposium on State Aid
René Offermanns

This article provides an overview of a symposium on State aid organized by the Platform of the Netherlands Tax Jurisdiction (Platform Belastingrechtspraak) held on 10 November 2016 at the Netherlands Supreme Court building in The Hague.

European Union

The Influence of the EU Charter of Fundamental Rights on ECJ Case Law on the International Exchange of Information

Ine Lejeune and Liesbeth Vermeire

The authors, in this note, discuss the impact of the EU Charter of Fundamental Rights as a means of protecting taxpayers with regard to the exchange of information, as evidenced in recent and pending ECJ case law in respect of both direct and indirect taxes.

Laura Pakarinen
Court of Justice
Laura Pakarinen

Opinion Statement ECJ-TF 1/2017 on the Decision of the Court of Justice of the European Union in SECIL (Case C-464/14), Concerning the Free Movement of Capital and Third Countries

CFE ECJ Task Force

This is an Opinion Statement prepared by the CFE ECJ Task Force on SECIL (Case C-464/14), in which the 5th Chamber of the Court of Justice of the European Union (ECJ) delivered its decision on 24 November 2016, following the Opinion of Advocate General Wathelet of 27 January 2016. The case concerned the discriminatory Portuguese taxation of dividends received by corporate shareholders from their subsidiaries in third States, namely in Lebanon and Tunisia. In a clear and instructive decision, the Court not only clarified the scope and impact of the Treaty provisions on the free movement of capital, but also the legal ramifications of the Euro-Mediterranean Agreements with Lebanon and Tunisia.

Corporate Tax Changes
Lubka Tzenova

In this note, the author discusses recent changes to the Corporate Income Tax Act in respect of the taxation of expenses that companies incur for vehicles, employee health and social insurance plans and the purchase of company assets provided to employees for both company and personal usage (such as apartments, cars, telephones, laptops, etc.), as well as some changes in respect of the taxation of foreign legal persons.


Italy Innovates Tax Consolidation Regime in Line with ECJ Case Law Developments

Stefano Serbini

This contribution describes article 6 of Legislative Decree No. 147 of 14 September 2015, which widens the scope of tax consolidation opportunities for non-resident entities.