News

42
November 8, 2019

Austria’s Ministry of Finance has recently provided some guidance on the question of an Austrian home office as it applies to an Austrian tax resident employee and whether such a setup can qualify as an Austrian permanent establishment for a non-Austrian enterprise. A permanent establishment for Austrian domestic tax purposes is a fixed place through which an enterprise’s business is carried out. Such an establishment can be an employee’s private flat, provided that employee renders his/her work at least partly…

October 15, 2019

The Austrian tax court has recently opined on the question of dividend payments from Austria to an intermediate EU holding company which has no substance (while its EU parent does). Generally in Austria dividends paid out by Austrian corporations trigger a 27.5% withholding tax. Nevertheless, pursuant to the EU Parent/Subsidiary Directive applied in Austria, outbound dividends are totally exempt from withholding tax if the parent company fulfils the criteria as set out in the Directive and holds at least 10%…

September 20, 2019

On 12 September 2019, the advocate general of the European Court of Justice held that Hungary’s advertisement tax legislation based on which Google was fined HUF 1 billion (approx. EUR 3 million) constitutes an unjustifiable restriction on the freedom to provide services. Hungary’s advertisement tax was introduced in 2014 as a special tax on the turnover from the broadcasting or publication of advertisements. Individuals or entities that broadcast or publish advertisements may – irrespective of their residence – be subject…

August 1, 2019

On 31 July 2019, Bulgaria’s parliament adopted new transfer pricing rules in line with recommendations of the OECD. The new rules set out obligations for Bulgarian companies, Bulgarian permanent establishments of non-resident foreign companies and locally registered sole trades to maintain mandatory transfer pricing documentation evidencing the arm’s length basis of their transactions with related parties. Exemptions exist, and are relevant to the following taxpayer categories: Persons exempt from Bulgarian corporate income tax (certain collective investment schemes, national investment funds…

March 30, 2019

Recently, the Czech government submitted to parliament a bill implementing DAC 6 on the mandatory disclosure of cross-border tax arrangements. The bill underwent several changes in comparison with the initial draft published in March 2019. DAC 6 – the EU Council Directive 2011/16 on cross border tax arrangements – is being implement by the Czech Republic via domestic legislation no later than 31 December 2019, and will start to apply as of1 July 2020. The government has drafted a bill…

January 20, 2019

On 1 January 2019, Albania’s Income Tax Act was amended with respect to imposition of new rules on the indirect transfer of ownership of assets situated in Albania. The new rules deal with the taxation of gains arising from such indirect asset transfers. An indirect transfer occurs when an Albanian company owning assets in Albania decides to sell said assets to a third party, but such third party merely purchases the shares/quota in the Albanian company holding the assets or…

May 21, 2018

Cyprus has brought its domestic law inline with EU directive on mandatory automatic exchange of tax information. Cyprus has recently introduced Law 33(I)/2018 in furtherance of EU Directive 2016/881/EU. The changes concern EU wide administrative cooperation in the field of taxation. The definition of ‘automatic exchange’ has been changed; and there are new provisions requiring ultimate parent entities of multinational enterprises resident in Cyprus for tax purposes to file country-by-country reports within 12 months of the end of each fiscal…

August 20, 2017

The National Assembly of the Republic of Srpska (RS) adopted amendments to the Profit Tax Law on 28 December 2016. The main changes have become effective as of 1 January 2017 and will be briefly presented in this article. With the amendments, the Law clarifies the definition of “taxable person” and harmonizes the concept of residence with the Profit Tax Law of the Federation of Bosnia and Herzegovina (FBiH) and Brcko District in order to avoid double taxation. Namely, a…

June 15, 2017

A draft law that would amend the Tax Code of the Republic of Belarus has been posted on the website of the Belarusian Ministry of Finance (the “Draft Law”). This time the draft has been published long before the start of the calendar year in which the amendments are to take effect, giving taxpayers a chance to understand the changes and prepare for them. In addition to the traditional indexation of tax rates in Belarusian rubles, the draft law contains…

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42
November 8, 2019

Austria’s Ministry of Finance has recently provided some guidance on the question of an Austrian home office as it applies to an Austrian tax resident employee and whether such a setup can qualify as an Austrian permanent establishment for a non-Austrian enterprise. A permanent establishment for Austrian domestic tax purposes is a fixed place through which an enterprise’s business is carried out. Such an establishment can be an employee’s private flat, provided that employee renders his/her work at least partly…

October 15, 2019

The Austrian tax court has recently opined on the question of dividend payments from Austria to an intermediate EU holding company which has no substance (while its EU parent does). Generally in Austria dividends paid out by Austrian corporations trigger a 27.5% withholding tax. Nevertheless, pursuant to the EU Parent/Subsidiary Directive applied in Austria, outbound dividends are totally exempt from withholding tax if the parent company fulfils the criteria as set out in the Directive and holds at least 10%…

September 20, 2019

On 12 September 2019, the advocate general of the European Court of Justice held that Hungary’s advertisement tax legislation based on which Google was fined HUF 1 billion (approx. EUR 3 million) constitutes an unjustifiable restriction on the freedom to provide services. Hungary’s advertisement tax was introduced in 2014 as a special tax on the turnover from the broadcasting or publication of advertisements. Individuals or entities that broadcast or publish advertisements may – irrespective of their residence – be subject…

August 1, 2019

On 31 July 2019, Bulgaria’s parliament adopted new transfer pricing rules in line with recommendations of the OECD. The new rules set out obligations for Bulgarian companies, Bulgarian permanent establishments of non-resident foreign companies and locally registered sole trades to maintain mandatory transfer pricing documentation evidencing the arm’s length basis of their transactions with related parties. Exemptions exist, and are relevant to the following taxpayer categories: Persons exempt from Bulgarian corporate income tax (certain collective investment schemes, national investment funds…

March 30, 2019

Recently, the Czech government submitted to parliament a bill implementing DAC 6 on the mandatory disclosure of cross-border tax arrangements. The bill underwent several changes in comparison with the initial draft published in March 2019. DAC 6 – the EU Council Directive 2011/16 on cross border tax arrangements – is being implement by the Czech Republic via domestic legislation no later than 31 December 2019, and will start to apply as of1 July 2020. The government has drafted a bill…

January 20, 2019

On 1 January 2019, Albania’s Income Tax Act was amended with respect to imposition of new rules on the indirect transfer of ownership of assets situated in Albania. The new rules deal with the taxation of gains arising from such indirect asset transfers. An indirect transfer occurs when an Albanian company owning assets in Albania decides to sell said assets to a third party, but such third party merely purchases the shares/quota in the Albanian company holding the assets or…

May 21, 2018

Cyprus has brought its domestic law inline with EU directive on mandatory automatic exchange of tax information. Cyprus has recently introduced Law 33(I)/2018 in furtherance of EU Directive 2016/881/EU. The changes concern EU wide administrative cooperation in the field of taxation. The definition of ‘automatic exchange’ has been changed; and there are new provisions requiring ultimate parent entities of multinational enterprises resident in Cyprus for tax purposes to file country-by-country reports within 12 months of the end of each fiscal…

August 20, 2017

The National Assembly of the Republic of Srpska (RS) adopted amendments to the Profit Tax Law on 28 December 2016. The main changes have become effective as of 1 January 2017 and will be briefly presented in this article. With the amendments, the Law clarifies the definition of “taxable person” and harmonizes the concept of residence with the Profit Tax Law of the Federation of Bosnia and Herzegovina (FBiH) and Brcko District in order to avoid double taxation. Namely, a…

June 15, 2017

A draft law that would amend the Tax Code of the Republic of Belarus has been posted on the website of the Belarusian Ministry of Finance (the “Draft Law”). This time the draft has been published long before the start of the calendar year in which the amendments are to take effect, giving taxpayers a chance to understand the changes and prepare for them. In addition to the traditional indexation of tax rates in Belarusian rubles, the draft law contains…

42
November 8, 2019

Austria’s Ministry of Finance has recently provided some guidance on the question of an Austrian home office as it applies to an Austrian tax resident employee and whether such a setup can qualify as an Austrian permanent establishment for a non-Austrian enterprise. A permanent establishment for Austrian domestic tax purposes is a fixed place through which an enterprise’s business is carried out. Such an establishment can be an employee’s private flat, provided that employee renders his/her work at least partly…

October 15, 2019

The Austrian tax court has recently opined on the question of dividend payments from Austria to an intermediate EU holding company which has no substance (while its EU parent does). Generally in Austria dividends paid out by Austrian corporations trigger a 27.5% withholding tax. Nevertheless, pursuant to the EU Parent/Subsidiary Directive applied in Austria, outbound dividends are totally exempt from withholding tax if the parent company fulfils the criteria as set out in the Directive and holds at least 10%…

September 20, 2019

On 12 September 2019, the advocate general of the European Court of Justice held that Hungary’s advertisement tax legislation based on which Google was fined HUF 1 billion (approx. EUR 3 million) constitutes an unjustifiable restriction on the freedom to provide services. Hungary’s advertisement tax was introduced in 2014 as a special tax on the turnover from the broadcasting or publication of advertisements. Individuals or entities that broadcast or publish advertisements may – irrespective of their residence – be subject…

August 1, 2019

On 31 July 2019, Bulgaria’s parliament adopted new transfer pricing rules in line with recommendations of the OECD. The new rules set out obligations for Bulgarian companies, Bulgarian permanent establishments of non-resident foreign companies and locally registered sole trades to maintain mandatory transfer pricing documentation evidencing the arm’s length basis of their transactions with related parties. Exemptions exist, and are relevant to the following taxpayer categories: Persons exempt from Bulgarian corporate income tax (certain collective investment schemes, national investment funds…

March 30, 2019

Recently, the Czech government submitted to parliament a bill implementing DAC 6 on the mandatory disclosure of cross-border tax arrangements. The bill underwent several changes in comparison with the initial draft published in March 2019. DAC 6 – the EU Council Directive 2011/16 on cross border tax arrangements – is being implement by the Czech Republic via domestic legislation no later than 31 December 2019, and will start to apply as of1 July 2020. The government has drafted a bill…

January 20, 2019

On 1 January 2019, Albania’s Income Tax Act was amended with respect to imposition of new rules on the indirect transfer of ownership of assets situated in Albania. The new rules deal with the taxation of gains arising from such indirect asset transfers. An indirect transfer occurs when an Albanian company owning assets in Albania decides to sell said assets to a third party, but such third party merely purchases the shares/quota in the Albanian company holding the assets or…

May 21, 2018

Cyprus has brought its domestic law inline with EU directive on mandatory automatic exchange of tax information. Cyprus has recently introduced Law 33(I)/2018 in furtherance of EU Directive 2016/881/EU. The changes concern EU wide administrative cooperation in the field of taxation. The definition of ‘automatic exchange’ has been changed; and there are new provisions requiring ultimate parent entities of multinational enterprises resident in Cyprus for tax purposes to file country-by-country reports within 12 months of the end of each fiscal…

August 20, 2017

The National Assembly of the Republic of Srpska (RS) adopted amendments to the Profit Tax Law on 28 December 2016. The main changes have become effective as of 1 January 2017 and will be briefly presented in this article. With the amendments, the Law clarifies the definition of “taxable person” and harmonizes the concept of residence with the Profit Tax Law of the Federation of Bosnia and Herzegovina (FBiH) and Brcko District in order to avoid double taxation. Namely, a…

June 15, 2017

A draft law that would amend the Tax Code of the Republic of Belarus has been posted on the website of the Belarusian Ministry of Finance (the “Draft Law”). This time the draft has been published long before the start of the calendar year in which the amendments are to take effect, giving taxpayers a chance to understand the changes and prepare for them. In addition to the traditional indexation of tax rates in Belarusian rubles, the draft law contains…

42
November 8, 2019

Austria’s Ministry of Finance has recently provided some guidance on the question of an Austrian home office as it applies to an Austrian tax resident employee and whether such a setup can qualify as an Austrian permanent establishment for a non-Austrian enterprise. A permanent establishment for Austrian domestic tax purposes is a fixed place through which an enterprise’s business is carried out. Such an establishment can be an employee’s private flat, provided that employee renders his/her work at least partly…

October 15, 2019

The Austrian tax court has recently opined on the question of dividend payments from Austria to an intermediate EU holding company which has no substance (while its EU parent does). Generally in Austria dividends paid out by Austrian corporations trigger a 27.5% withholding tax. Nevertheless, pursuant to the EU Parent/Subsidiary Directive applied in Austria, outbound dividends are totally exempt from withholding tax if the parent company fulfils the criteria as set out in the Directive and holds at least 10%…

September 20, 2019

On 12 September 2019, the advocate general of the European Court of Justice held that Hungary’s advertisement tax legislation based on which Google was fined HUF 1 billion (approx. EUR 3 million) constitutes an unjustifiable restriction on the freedom to provide services. Hungary’s advertisement tax was introduced in 2014 as a special tax on the turnover from the broadcasting or publication of advertisements. Individuals or entities that broadcast or publish advertisements may – irrespective of their residence – be subject…

August 1, 2019

On 31 July 2019, Bulgaria’s parliament adopted new transfer pricing rules in line with recommendations of the OECD. The new rules set out obligations for Bulgarian companies, Bulgarian permanent establishments of non-resident foreign companies and locally registered sole trades to maintain mandatory transfer pricing documentation evidencing the arm’s length basis of their transactions with related parties. Exemptions exist, and are relevant to the following taxpayer categories: Persons exempt from Bulgarian corporate income tax (certain collective investment schemes, national investment funds…

March 30, 2019

Recently, the Czech government submitted to parliament a bill implementing DAC 6 on the mandatory disclosure of cross-border tax arrangements. The bill underwent several changes in comparison with the initial draft published in March 2019. DAC 6 – the EU Council Directive 2011/16 on cross border tax arrangements – is being implement by the Czech Republic via domestic legislation no later than 31 December 2019, and will start to apply as of1 July 2020. The government has drafted a bill…

January 20, 2019

On 1 January 2019, Albania’s Income Tax Act was amended with respect to imposition of new rules on the indirect transfer of ownership of assets situated in Albania. The new rules deal with the taxation of gains arising from such indirect asset transfers. An indirect transfer occurs when an Albanian company owning assets in Albania decides to sell said assets to a third party, but such third party merely purchases the shares/quota in the Albanian company holding the assets or…

May 21, 2018

Cyprus has brought its domestic law inline with EU directive on mandatory automatic exchange of tax information. Cyprus has recently introduced Law 33(I)/2018 in furtherance of EU Directive 2016/881/EU. The changes concern EU wide administrative cooperation in the field of taxation. The definition of ‘automatic exchange’ has been changed; and there are new provisions requiring ultimate parent entities of multinational enterprises resident in Cyprus for tax purposes to file country-by-country reports within 12 months of the end of each fiscal…

August 20, 2017

The National Assembly of the Republic of Srpska (RS) adopted amendments to the Profit Tax Law on 28 December 2016. The main changes have become effective as of 1 January 2017 and will be briefly presented in this article. With the amendments, the Law clarifies the definition of “taxable person” and harmonizes the concept of residence with the Profit Tax Law of the Federation of Bosnia and Herzegovina (FBiH) and Brcko District in order to avoid double taxation. Namely, a…

June 15, 2017

A draft law that would amend the Tax Code of the Republic of Belarus has been posted on the website of the Belarusian Ministry of Finance (the “Draft Law”). This time the draft has been published long before the start of the calendar year in which the amendments are to take effect, giving taxpayers a chance to understand the changes and prepare for them. In addition to the traditional indexation of tax rates in Belarusian rubles, the draft law contains…