Archive | September, 2019

Zimbabwe: High Court annuls intermediated money transfer tax law

Zimbabwe Report from Richard Rukundo, Associate, IBFD High Court annuls intermediated money transfer tax law On 18 September 2019, the High court of Zimbabwe scrapped the 2% transaction tax which was introduced by the government through the Finance (Rate and Incidence of Intermediated Money Transfer Tax) Regulations, 2018 (The Regulations). The Regulations were introduced as […]

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S.Africa: Recent case summaries relevant to tax administrative principles

Karin Steenkamp and others v Edcon Limited, decided by Constitutional Court: This was a labour law matter where the Labour Appeal Court refused the applicants condonation for the late launching of an application in terms of the Labour Relations Act. The Judgment discusses the principles applicable to appeals against the grant or refusal of condonation […]

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Taxation of Space: the final frontier*

Jonathan Schwarz (Temple Tax Chambers; King’s College London)/September 27, 2019  While earthlings are grappling with taxation in a digitalised world, a new and important frontier has been opening up somewhat less observed. Commercial exploitation of space has become commonplace and plans for activity beyond our planet more ambitious. At the IFA Permanent Scientific Committee  we are always looking […]

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Some observations on Starbucks, Fiat, and their potential impact on future amendments to the arm’s length principle

Jérôme Monsenego (Stockholm University)/September 28, 2019 The General Court of the European Union has issued two awaited rulings in the Starbucks[1] and Fiat[2] cases. The length and the depth of the analysis made by the judges of the General Court should be acknowledged, even if certain key issues are perhaps too rapidly dealt with. Although the Commission lost in Starbucks, the […]

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What can we learn from Starbucks and Fiat

By Slaughter and May The European Court ruled yesterday that the EU Commission had not been able to demonstrate that the advance pricing agreement between Starbucks and the Dutch tax authority amounted to illegal State aid. The Starbucks Dutch company concerned was responsible for buying and roasting coffee beans and supplying these, and other consumables, […]

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S.Africa: Expat Tax – Supreme Court of Appeal hands SARS big win over BMW and their Big 4 advisors

13 September 2019 Jean Du Toit, Senior Attorney at Tax Consulting SA The Supreme Court of Appeal (SCA) delivered a judgment on 6 September 2019 that handed SARS one of their most influential wins in recent times. The SARS Commissioner did not pull any punches and took BMW South Africa to task on tax services […]

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IFA Congress 8-12 September 2019

The IFA Congress 2019, held 8-12 September in London, brought together leading international tax and transfer pricing experts from around the world. As a part of a four-day scientific programme, the experts presented and debated on two main subjects, interest deductibility and the taxation of investments funds, and on a wide range of other topics, […]

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TP: William Byrnes’ Starbucks State Aid Commentary: Boiling Down to the Essence of the Residual

William Byrnes (Texas A&M University Law)/September 25, 2019  William Byrnes, Texas A&M University School of Law* Howdy!  Earlier today the European Court of Justice (ECJ) sided with Starbucks’ transfer pricing analysis of its Dutch coffee roaster, and thus against the European Commission’s approach. Thus, I feel that my transfer pricing research about this case has not […]

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AI is driving the tax function of the future: proceed with care

https://www.linkedin.com/pulse/ai-driving-tax-function-future-proceed-care-christopher-kong/

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Tax Court: When SARS are late what are the condonation principles?

We prepared to argue an application for default judgment against SARS in the Tax Court on 13 September 2019. SARS were very late in filing their opposing papers, as they were with everything else leading to the default judgment application in the first place. We ended up not arguing the case as SARS settled the […]

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