Newsletter International Tax & Permanent Establishments

Austria: Withholding tax refund for intermediary holding in Cyprus denied

India: Doubling of withholding tax on royalty & FTS

Pakistan: Pakistan Supreme Court rules on the controversy involving service PE 

Poland: Post-pandemic approach to ‘home office’ – PE or not?

Portugal: Remote working is here to stay

Saudi Arabia: New special economic zones to be established in Saudi Arabia

Switzerland: Pillar II – implementation in Switzerland

United Arab Emirates: Corporate Tax in UAE: impact on non-residents

• Argentina: New precedent on the conflicts between domestic GAARs vs treaty law
• Austria: UAE shareholders now face Austrian withholding tax on dividends
• Brazil: Proposed changes to the Brazilian rules on the tax deduction of royalties
• Hungary: Termination of the double tax treaty between the United States of America and Hungary
• Italy: International tax amendments in the Italian Budget Law for 2023
• Nigeria: Updates in international corporate tax (ICT) in Nigeria
• Pakistan: Changes in the capital gains tax regime
• Poland: Another twist in the interpretation of “beneficial ownership”
• Senegal: Banking sector: the introduction by the GTC (general tax code) of the deductibility of losses on doubtful or disputed debts through the initial finance law for the year 2023
• Spain: Tax measures introduced in Spain for 2023

Argentina: Suspension of the Argentine Mandatory Disclosure Framework

Austria: No carryforward of withholding taxes

China: China has approved the Multilateral BEPS Convention

Colombia: Colombian tax reform bill 2022

Germany: Council of the EU reaches agreement on global minimum taxation  (Pillar Two)

Poland: Polish holding companies as of 2023

Singapore: Tax treatment of ship pooling arrangements

Argentina: Tax court rules on PE under Belgium-Argentina tax treaty

Austria: Double taxation risk in connection with software as a service

France: Double tax treaties: application of the double tax treaties and beneficial ownership CE, 20 May 2022, n° 444451 Sté Planet

Indonesia: The development of the OECD’s two-pillar solution in Indonesia

Kenya: National tax policy: a more certain future tax regime

Netherlands: The saga on the withholding tax exemption continues

Pakistan: Changes in the corporate tax rate structure

Poland: Polish deal 2.0 – further changes in Corporate Income Tax

Portugal: Remote permanent establishment/remote work

Saudi Arabia: Zakat, tax, & customs authority re-launches tax amnesty initiative

South Africa: The modernisation of South Africa’s tax and exchange control regime

United Kingdom: Pillar 2: draft Income Inclusion Rule (IIR) legislation and consultation response 

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