June 2018  
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Issue No. 6 - 2018 of the European Taxation is now available online.

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Number 6 - 2018 contains the following:
European Union

The Apportionment Formula under the European Proposal for a Common Consolidated Corporate Tax Base

Ángel Sánchez Sánchez

In this article, the author discusses the sharing mechanism suggested in the Common Consolidated Corporate Tax Base proposal, which employs three equally-weighted factors: assets, labour and sales. The author argues that although there is no doubt that the transfer pricing regime should be replaced by a more effective system, designing an adequate method requires taking into consideration the unique characteristics of the European Union and the experience with formulary apportionment in other states. 

United Kingdom/European Union

Trusts and the Fundamental Freedoms – The Exit Tax Regime in Trustees of the P Panayi (Case C-646/15)

Jan Karol Szczepański

In Trustees of the P Panayi Accumulation & Maintenance Settlements (Case C-646/15), the ECJ was confronted with the issue of whether or not a trust can claim the protection of the fundamental freedoms in the internal market. The underlying problem related to the compatibility of the UK exit tax regime with the fundamental freedoms. The ECJ confirmed its position that exit taxes are allowed in the internal market, but their immediate collection is disproportionate. The case, however, raises a number of issues regarding the scope of the freedom of establishment and the relationship between this case and previous ECJ case law, which this article addresses.


Tax Consequences of Selling a Swiss Real Estate Company

Adriano Marantelli and Simon Bigler

In practice, the sale of shares in a legal entity often gives rise to a number of tax-related questions, for example, when the entity owns real estate in Switzerland and the shareholder of the company sold is resident abroad. The following article focuses on selected aspects of this topic.


The Taxation of Trusts and Foundations in Greece

Loukas Panetsos

This article discusses the taxation of trusts and foundations in Greece, which has been clarified following the issuance of the long-awaited Circular POL. 1114/2017. Trusts and foundations are concepts unknown under Greek private law; therefore, their tax treatment is of particular interest from a comparative perspective. Although the new Circular provides a much better understanding of how these vehicles are taxed, some issues remain unresolved.


Adrián Grant Hap


Adrián Grant Hap


Final Guidance on Withholding Tax on Cross-Border Software Licenses and Databases

Marisa Baltromejus

This note discusses the German Federal Ministry of Finance’s long-awaited guidance on the question of whether or not a German withholding taxing right exists on cross-border payments, in particular for software, cloud and/or database use transactions.

United Kingdom
Finance Act 2018
Douglas Roxburgh

This note covers the Finance Act 2018, which was shorter than recent UK finance acts, as the timing of its issue reflected the rescheduling by the UK Treasury of the annual tax legislation. The note deals mainly with the provisions therein that detail changes in tax principles, tax rates and allowances and matters of particular significance for businesses and companies.

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