The Importance of the Marcopolo Cases for Understanding the Application of the Brazilian Transfer Pricing Rules

July 10, 2019

The Importance of the Marcopolo Cases for Understanding the Application of the Brazilian Transfer Pricing Rules Francisco Lisboa Moreira (Bocater Advogados) and Ana Paula Saunders (Vale S.A.)/July 10, 2019/Leave a comment Brazilian Transfer Pricing Rules have been in force since 1996. When introduced, the intent of the legislator was clearly the prevention of tax evasion through manipulation of prices, […]

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A tale of three DTA’s: South African Tax Court confirms that no dividends tax is payable on distributions to Dutch resident shareholders

July 6, 2019

By FASKEN, The Netherlands In terms of section 64E(1)(a) of the Income Tax Act 58 of 1962 (“the ITA”) dividends tax at a rate of 20% must be paid when a South African company declares and pays a dividend. The amount of the tax must be withheld by the company declaring and paying the dividend. […]

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The OECD/Inclusive Framework’s Program of Work on Revised Nexus and Profit Allocation Rules (Pillar One): Where Will It Lead?

June 28, 2019

Jefferson VanderWolk, Robert O’Hare (Squire Patton Boggs)/June 25, 2019 /Leave a comment On June 9, 2019 the G20 finance ministers endorsed the program of work that was issued by the OECD’s Inclusive Framework on BEPS on May 31, 2019 in relation to tax challenges arising from the digitalization of the economy. As expected, the program of work […]

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S.Africa: South African Tax Court confirms application of the most favoured nation clause in the South Africa / Netherlands treaty

June 27, 2019

By DLA Piper In our Global Tax Alerts in February 2018 and January 2019 we discussed the Dutch Court of Appeal’s decision which held that dividend distributions from Dutch entities to South African entities are effectively exempt from Dutch dividend withholding tax pursuant to the most favoured nation (MFN) clause in the tax treaty between the Netherlands and South […]

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GHANA: TP Country Summary

June 26, 2019

An excellent Ghana TP Country: For further information please send a request to Daniel@TaxRiskManagement.com

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Canada: Two fairly recent transfer pricing cases

June 26, 2019

Cameco Corporation v. The Queen The Tax Court of Canada ruled on Cameco Corporation v. The Queen on 26th September 2018.  The court ruled against Canada Revenue Agency (CRA). Cameco Corporation (“Cameco”) mines and produces uranium.  The Canadian organisation has a long-term contract to sell uranium to Swiss Sub Cameco Europe (“CEL”) which trades the […]

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S.Africa: Grounds of assessment held to be unreasonable

June 26, 2019

… the grounds of assessment were unreasonable in two respects, namely the incorrect utilisation of the Net Asset Value (NAV) methodology and the Commissioner’s valuation of the shares as nil: This judgment is useful for arguing against unreasonable conduct by Revenue agencies when they issue TP assessments without following the OECD TPGs on methodologies.

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KENYA: The Kenya/Mauritius DTA declared invalid – why?

June 26, 2019

VI. Conclusion It is astounding to this writer that in the aftermath of the decision in TJN-A v KRA, the Petitioner chose to wave the victory flag, rather than challenge this problematic judgment in the Court of Appeal. It is difficult to see how a judgment that nullifies a Statutory Instrument intended to bring the […]

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Malawi: Tax issues – TREASURY FAULTED ON INVESTOR TAX BURDEN

June 26, 2019

STEVE CHILUNDU Staff Reporter Economists and tax experts have faulted Treasury for introducing tax policies that are not favourable in attracting Foreign Direct Investment (FDI) in the country. However, Treasury downplayed the assertions that the country is worse off in terms of its taxation regime saying there are a lot of specific incentives offered to […]

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Digest of Important Judgments on Transfer Pricing and International tax – 2018

June 22, 2019

http://www.fitindia.org/downloads/digest_of_1350_it_and_tp_cases_2018.pdf The Digest contains 1350 important judgments which were pronounced by Courts and Tribunals in the period from January 2018 to December 2018. o Of these, there are 1150 judgments on Transfer Pricing and 200 judgments on International Taxation. o The author/ Trustee has meticulously and systematically classified the judgments into various categories to enable […]

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