WTS Global Newsletters

• China: Export tax rebate made easy
• Italy: The contrast between the digitalization of the bill of import and the requirements for deducting Import VAT
• United Kingdom: Brexit 2022 update – 2
• Vietnam: Goods labeling
• UK/EU: EU Sanctions developments on Russia/Ukraine
• Germany/EU: Restrictive measures against Russia and Belarus due to the war of aggression against Ukraine – Current developments

• Austria: Customs law thwarts VAT law
• Belgium: E-commerce: Belgium changes VAT rules on importer of record
• Brazil: Brazilian Superior Court of Justice defines the calculation of penalty and interest on drawback
• Brazil: Ex-Tariff saved from extinction
• China: Major updates in China customs
• France: The Goods and Services Tax Code – (A way to clarify the applicable rules!)
• Hungary: Changes to customs administration in Hungary
• Italy: Importer not established in the EU – operative clarifications
• Senegal: The recent customs reforms of 20 December 2021
• Singapore: Asia’s FTA Spree: benefits galore for businesses but caveat emptor
• Sweden: Swedish Import VAT – Is Swedish Customs the competent authority?
• United Kingdom: National Security and Investment Act
• United Kingdom: Brexit 2022 update
• United States: Outcome of “De Minimis” will have Major Effects on E-Commerce Importations and the US FTZ Program
• Vietnam: Import of software to Vietnam

Brazil: Ex-Tariff on the brink of extinction
China: Major updates in China Customs
France: Customs administration – French cultural exception?
Italy: The importer is almost always responsible in case of an untrue certificate of origin
Mexico: CFDI with consignment note complement
Pakistan: Pakistan Single Window (PSW)
United Kingdom: EU export controls on dual-use goods: the latest update
Vietnam: Duty–free goods imported for export production and processing

Brazil I: Customs Controls to Curb Red Tape
Brazil II: Brazil issues regulation to combat customs fraud
China: Major updates in China Customs
Italy I: Simplifications for authorisation to the “approved place for export”
Italy II:Simplified procedure for relief from the import duties of reimported goods
Mexico I: Changes in customs compliance regulations
Mexico II: New Framework as of 2020 & 2021
Mexico III: New Free Zone in Chetumal, Quintana Roo
Portugal: Brexit implications on customs
Ukraine: New Rules on Authorised Economic Operators Implemented in Ukraine
Vietnam: Vietnam’s implementation of the EU and Vietnam Free Trade Agreement (“EVFTA”)

• Argentina: Argentine Supreme Court rules on treaty shopping in the context  of the Argentina-Chile Double Tax Treaty
• Brazil: Victory of taxpayers in the Federal Administrative Tax Court: overlapping of Double Tax Treaties and Brazilian CFC rules 
• China: New challenges and impacts brought by Pillar Two to Chinese companies
• Germany: Pillar Two
• India and Austria: International project business – India: Tax trap offshore supplies 
• Italy: Italian rules on hybrid mismatches 
• Netherlands: ATAD3 
• Pakistan: ATIR rules on taxability of split contract arrangements under Pakistan-China Double Tax Treaty 
• Poland: Pay and refund – new WHT collection mechanism for passive payments
• Singapore and Indonesia: New Singapore-Indonesia Double Tax Agreement takes effect 
• Vietnam: Tax exposure of the PE 

Europe: European Commission Communication on Business Taxation for the 21st century
Austria: Austrian Supreme Administrative Court on beneficial ownership of trademarks
China: Will an expatriate’s China tax position change due to COVID-19?
France: The French Supreme Court refers to the international definitions of permanent establishment
Germany: German registered IP of foreigners subject to tax in Germany
Italy: Step-up and realignment procedure for businesses
Netherlands: Proposal to disallow unilateral downward transfer pricing adjustments
Russia: Russian Federal Tax Service on intragroup services by MNCs to subsidiaries located in Russian Federation
Spain: 5% taxation on dividends and capital gains
United Kingdom: Tax Implications of the 2021 UK Budget
United States of America: Debt Financing in the U.S. – What a foreign investor needs to know

Austria: Construction PE – Austrian MoF on influence of trial runs and subcontracting
Azerbaijan: Amendments to the Tax Code of Azerbaijan
Benin: Permanent Establishments – forthcoming developments after introduction of public-private partnership law
Chile: Permanent establishment – a modern concept?
Indonesia: Development of permanent establishment in Indonesia
Malaysia: Permanent establishment: a total revamp or just a formality?
The Netherlands: Changing (Dutch) permanent establishment
Pakistan: Permanent establishment tax regime – key developments and issues
Senegal: For a contract concluded between a Senegalese company and a foreign one, are all the products necessarily subject to corporate income tax (CIT) in Senegal?
Vietnam: Permanent establishment (PE) in Vietnam

Europe

• Austria: No annual CbCR notification required since 1 January 2022
• Czech Republic: The Czech Supreme Administrative Court’s thoughts on related party definition
• France: The RKS case: shades of nuance in TP by the French Supreme
• Administrative Court
• Germany: New case law on the determination of arm’s length interest
• rates for intercompany loans
• Ireland: TP Compliance requirements in Ireland
• Italy: New rules on TP documentation
• The Netherlands: Netherlands disallows unilateral downward TP adjustments
• Poland: Polish regulations on “indirect” transactions with tax havens
• Portugal: Amendments to Transfer Pricing legislation
• United Kingdom: Outcome of the UK consultation on TP documentation  
• Ukraine: Ukrainian Ministry of Finance clarifies new TP rules on business purpose

Further Countries

• Brazil: Effects of extinction of LIBOR rate to Brazilian TP controls
• China: Deduction of interest charged by related parties  
• New Zealand: New BEPS disclosure guidance and preparation forms
• Taiwan: Taiwan CFC rules will be implemented as of 2023 in response to the Global Minimum Tax

Europe

Austria: New Austrian Transfer Pricing Guidelines 2021
Belgium: Belgian Transfer Pricing court case: a rare occurrence
France: The Engie Case: an ambitious new approach by the French Tax Administration
Germany: German Federal Ministry of Finance: Administrative Principles 2021 on Transfer Pricing published
Germany: Recent changes on German Tax Law concerning Transfer Pricing
Ukraine: State Tax Service intensifies TP control

Further Countries

Argentina: Transfer Pricing developments in Argentina
Benin: Transfer Pricing Update Benin
Chile: Migration of the approach of the Chilean Revenue Service to segments with greater fiscal impact
China: Responses to practical questions on the Transfer Pricing implications of the COVID-19 impacts15
Nigeria: Transfer Pricing Update on Nigerian TP case
Senegal: Implementation of Action 12 of BEPS project: a strengthened internal tax system
Taiwan: Supreme Administrative Court decides on one-time Transfer Pricing adjustments
Thailand: TP legal framework and practical insights
United States: The US’ role in global adoption of Pillar 1 and Pillar 2 / ongoing conversations in the US on tax reform / a status update on US tax reform
Vietnam: Transfer Pricing Update Vietnam

Europe
Austria: New Austrian Transfer Pricing Guidelines 2020
France: Self-financing through intangible assets or how to generate significant tax savings
Germany: German Federal Ministry of Finance: Administrative Principles 2020 published
Hungary: Pandemic does not stop TP audits in Hungary
Italy: New Rules on the Transfer Pricing Documentation
The Netherlands: Proposed limitation to Dutch unilateral downward adjustments
Poland: New documentation requirements for transactions with tax havens as of 1 January 2021
UK: UK Consultation on Transfer Pricing Documentation

Further Countries
Argentina: Mandatory Disclosure Framework and Transfer Pricing
Brazil: New ‘Local File’ Requirements in Brazil
Chile: Recent cases on TP – Chile vs Avery Dennison Chile SA (FY 2012)
China: China releases public consultation paper on simplified unilateral APA procedures
Ghana: Ghana introduces new Transfer Pricing Regulations
India: Transfer Pricing Update India
Senegal: Latest Transfer Pricing tax reform implementing Action 12 of the OECD BEPS project
Vietnam: The regulations on the Advance Pricing Agreement (“APA”) and its modification

Europe
France: Proof of the interest rate applied between related companies
Spain: Transposition of directive 2017/1852, of the council of 10 October 2017, relating to the integration of mechanisms or the resolution of tax disputes in the European Union into Spanish domestic law
Sweden: New guidance on financial guarantees
Ukraine: New business purpose test in Ukrainian tax law

Further Countries
Argentina: Argentina adds new transfer pricing documentation requirements for operations with intermediaries
Chile: Adoption of new transfer pricing requirements: master file & local file
Costa Rica: Transfer pricing update for Costa Rica
India: Updates on the Mutual Agreement Procedure (MAP)
China publishes annual APA report
Nigeria: Averting penalties on TP transactions by means of proper TP compliance
Senegal: The Multilateral Convention of OECD BEPS project: Senegal’s position and its impact on its bilateral DTTs
Taiwan: Draft amendments to transfer pricing assessment rule
Vietnam: New decrees on transfer pricing