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On October 20, 2016 the Court of Justice of the European Union (CJEU) judged in Case C-24/15, Josef Plöckl versus Finanzamt Schrobenhausen (ECLI:EU:C:2016:791).
Do Article 22(8) of the Sixth Directive, in the version resulting from Article 28h thereof, and the first subparagraph of Article 28c(A)(a) and Article 28c(A)(d) of the Sixth Directive permit Member States to refuse to grant a tax exemption in respect of an intra-Community supply (in this instance, an intra-Community transfer) where, although the supplier has not taken all the measures that can reasonably be expected of him from the point of view of the formal requirements applicable to the recording of the VAT identification number, there is no specific evidence of tax evasion, the goods have been moved to another Member State and the other conditions of exemption from tax are also met?
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On October 20, 2016 the OECD launched a very interesting webpage on the automatic exchange of information between tax authorities based on the Common Reporting Standard (CRS). According to the OECD the webpage shows all bilateral exchange relationships that are currently in place for the automatic exchange of CRS information. The relationships shown included those under the framework of Article 6 of the Multilateral Convention and the CRS MCAA, as well as exchange relationships based on bilateral agreements and the EU framework.
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On October 20, 2016 the Japanese Ministry of Finance issued a press release announcing the Government of Japan and the Government of the Republic of Austria have agreed in principle on a new Convention that replaces the Convention between Japan and the Republic of Austria for the Avoidance of Double Taxation with respect to Taxes on Income which entered into force in 1963.
Read more: Japan and Austria reach an agreement in principle on a new DTA
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The OECD issued a short press release announcing that Andorra became the 86th jurisdiction to join the Inclusive Framework on BEPS.
Read more: Andorra becomes the 86th jurisdiction to join the Inclusive Framework on BEPS
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On October 12, 2016 the Australian Taxation Office (ATO) published a Draft Taxation Ruling TR2016/D2 for public comment. The ruling provides guidance on applying the participation test in Subdivision 768-A when working out whether an equity distribution received by an Australian corporate tax entity from a foreign company is not assessable and not exempt (NANE) income. The due date for comments is November 25, 2016.
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