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On October 18, 2021, the OECD published the Stage 2 peer review monitoring reports of BEPS Action 14 (Mutual Agreement Procedure (MAP)) evaluating the progress made by Brazil, Bulgaria, China, Hong Kong (China), Indonesia, Russia and Saudi Arabia in implementing recommendations resulting from their Stage 1 peer review. These reports take into account any developments in the period January 1, 2019 – July 31, 2020 and build on the Mutual Agreement Procedure (MAP) statistics for 2016-2019. Highlights include:
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On October 18, 2021, the OECD published the fourth annual peer review for the BEPS Action 13 minimum standard. It covers 132 jurisdictions which provided legislation and/or information relating to their implementation of CbC Reporting. For each jurisdiction, the review covers the domestic legal and administrative framework, the exchange of information framework and measures in place to ensure the confidentiality and appropriate use of CbC reports.
Read more: OECD publishes its fourth annual peer review for the BEPS Action 13 minimum standard...
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On October 15, 2021, the Dutch Government send a.o. a legislative proposal amending the Belastingplan 2022 (the tax package for the year 2022) to the Dutch Parliament for approval. In the new legislative proposal the Dutch Government a.o. proposes to tighten the interest limitation rule that was introduced when implementing Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market (ATAD 1) into Dutch law. Furthermore the Government proposes to increase the corporate income tax rate in the 2nd bracket.
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As we reported earlier, on July 20, 2021 the Irish Ministry of Finance launched a public consultation regarding the two-pillar solution to address the tax challenges arising from the digitalisation of the economy. The Irish Ministry of Finance has now published the responses it received with respect to that consultation. The Irish Ministry of Finance published 35 responses.
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On October 13, 2021, the G20 Finance Ministers and Central Bank Governors (FMCBGs) met for their fourth official meeting under the Italian G20 Presidency. During this meeting several tax subjects were discussed. In this respect several OECD reports were released and presented to the G20 Finance Ministers and Central Bank Governors. By clicking below on the titles of the respective documents, you will be forwarded to the respective document.
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On October 14, 2021, on the website of the Court of Justice of the European Union (CJEU) the judgment of the Court in the joined Cases C- 45/20 (E versus Finanzamt N) and C-46/20 (Z versus Finanzamt G) (ECLI:EU:C:2021:852), was published.
These requests for a preliminary ruling concern the interpretation of Article 167 and Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), as amended by Council Directive 2009/162/EU of 22 December 2009 (OJ 2010 L 10, p. 1) (‘the VAT Directive’).
The requests have been made in two sets of proceedings concerning the rejection by those tax authorities of deductions of value added tax (VAT) made by E and Z, on account of the failure to take an allocation decision identifiable by the tax authorities before the statutory deadline for submitting the annual turnover-tax return expired.
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On October 14, 2021 on the website of the Court of Justice of the European Union (CJEU) the interesting opinion of Advocate General Kokott in Case C-556/20, Schneider Electric and Others (ECLI:EU:C:2021:857), was published. The referring court expressly asks only whether the advance payment of tax provided for in Article 223e of the French Code général des impôts (General Tax Code; the ‘CGI’) is compatible with Article 4 of the Parent-Subsidiary Directive, in view of Article 7(2) thereof. The case in which the referring court seeks an answer relates to the distribution by a subsidiary established in another Member State to its parent company in France of dividends which the latter redistributes to its shareholders.
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On October 8, 2021, the Dutch Government opened a public consultation on a legislative proposal to implement Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation commonly also referred to as DAC7. The consultation period runs from October 8, 2021 until November 8, 2021.
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On October 11, 2021, the OECD release an updated version of the Statement on a Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy. As per October 8, 2021 the Statement has been signed by 136 Member jurisdictions of the OECD/G20 Inclusive Framework on BEPS. The latest signatories to the statement are Estonia, Hungary and Ireland.
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Op 8 oktober 2021 is op de website van de Rechtspraak de conclusie gepubliceerd van Advocaat-Generaal Wattel, in de zaak 21/00836, (ECLI:NL:PHR:2021:842). In deze zaak draait het om de vraag of in de onderhavige casus een crisisheffing (Art. 10 en art. 32bd Wet LB 1964) zou moeten worden ingehouden over een managementbeloning die door het management bij een beursgang is ontvangen van een 'andere concernmaatschappij'. In essentie draait het om de vraag of in de onderhavige casus sprake is van een eigen loonverstrekking of loon van derden? Hierbij is HR BNB 2001/82 van belang voor de beantwoording van de vraag of de maatschappij van waaruit de managementbeloning daadwerkelijk wordt ontvangen kwalificeert als ‘een andere concern-maatschappij’ die de voordelen in opdracht en voor rekening van de werkgever verstrekt.
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