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On February 28, 2022 the OECD released the third batch of updated transfer pricing country profiles for Brazil, Canada, Chile, China, Croatia, Dominican Republic, Estonia, Finland, Greece, Hungary, Israel, Korea, Liechtenstein, Lithuania, Luxembourg, Malta, Panama, Portugal, Slovenia, the United Kingdom, Uruguay and the United States. The OECD also published new country profiles for Honduras, Iceland, Jamaica, Papua New Guinea, Senegal and Ukraine, bringing the total number of countries covered to 91.
Read more: The OECD releases 6 new and 24 updated transfer pricing country profiles
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On February 21, 2022 the OECD opened a public consultation on the Draft Rules for Tax Base Determinations under Amount A of Pillar One, which it published on the same date as part of the ongoing work of the OECD/G20 Inclusive Framework on BEPS to implement the Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy. The consultation period runs until March 4, 2022.
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On February 17, 2022 the Dutch Ministry of Finance issued a press release announcing that on February 16, 2022 the Netherlands and Colombia concluded a DTA. According to the press release the DTA is drafted in accordance with the main principles of the OECD an UN Model Treaties.
Read more: The Netherlands and Colombia have concluded a DTA
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On February 10, 2022, on the website of the Court of Justice of the European Union (CJEU) the Judgment of the CJEU in Case C-9/20 Grundstücksgemeinschaft Kollaustraße 136 versus Finanzamt Hamburg-Oberalster (ECLI:EU:C:2022:88), was published.
Introduction
This request for a preliminary ruling concerns the interpretation of Article 167 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 2010/45/EU of 13 July 2010 (OJ 2010 L 189, p. 1) (‘the VAT Directive’).
The request has been made in proceedings between Grundstücksgemeinschaft Kollaustraße 136 (‘Kollaustraße’) and the Finanzamt Hamburg-Oberalster (Hamburg-Oberalster Tax Office, Germany) (‘the tax office’), concerning the determination of the point in time at which the right of deduction of value added tax (VAT) arises.
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On February 10, 2022, on the website of the Court of Justice of the European Union (CJEU) the opinion of Advocate General Kokott in Case C-596/20 DuoDecad Kft. versus The Commissioners for Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (ECLI:EU:C:2022:91), was published.
Introduction
This preliminary-ruling procedure demonstrates the limits of the harmonisation of law in the EU. Even though all Member States have correctly transposed the underlying directive, its application to a cross-border supply of services nevertheless leads to different outcomes. Both the Portuguese Republic and Hungary consider the place of supply of a service to be in their territory and lay claim to the right to levy VAT on it. This gives rise to genuine double taxation of one and the same transaction despite full harmonisation of the law.
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On February 4, 2022, on the OECD announced that the Inclusive Framework will consult stakeholders on a number of aspects of Pillar One and Pillar Two over the coming months. On the same date the OECD also launched a public consultation the first building block of Amount A under Pillar One. Interested parties are invited to send their written comments no later than February 18, 2022. Instructions for submitting comments can be found in the consultation document.
