In today’s edition a.o.: United States – FATCA Agreement between the U.S. and Belarus was signed; United Kingdom – Policy paper - Tackling tax evasion and avoidance; United Kingdom – Business tax – form Corporation Tax: Company Tax Return guide (version 2) published; Hong Kong – Inland Revenue (Amendment) Bill 2015 gazetted; South Africa – Minister announces members of the SARS Advisory Committee (MEDIA STATEMENT)

(March 20, 2015) 

The U.S. Department of the Treasury on its webpage that is dedicated to FATCA has published the FATCA Agreement that was concluded between the United States and Belarus.

(March 20, 2015)

On March 19, 2015 the European Court of Justice (CJEU) ruled in Case C-266/13 L. Kik versus Staatssecretaris van Finaciën (ECLI:EU:C:2015:188). 

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o       Must the rules regarding the scope ratione personae of Regulation No 1408/71 and the rules which determine the territorial scope of the designation rules in Title II of that regulation be interpreted as meaning that those designation rules apply in a case such as the present, which concerns (i) a worker residing in the Netherlands who (ii) is a national of the Netherlands, (iii) in any event, was previously compulsorily insured in the Netherlands, (iv) is employed as a seafarer by an employer established in Switzerland, (v) carries out his work on board a pipe-laying vessel which flies the Panamanian flag, and (vi) carries out those activities first outside the territory of the European Union (approximately 3 weeks above the continental shelf of the United States and approximately 2 weeks in international waters) and then above the continental shelf of the Netherlands (periods of one month and approximately one week) and of the United Kingdom (a period of slightly more than one week), while (vii) the income earned thereby is subject to income tax levied by the Netherlands?

 

o       If so, is Regulation No 1408/71 then applicable only on the days when the person concerned works above the continental shelf of a Member State of the European Union, or also during the preceding period in which he worked elsewhere outside the territory of the Union?

 

·        If Regulation No 1408/71 applies to a worker as referred to in question 1(a), what legislation or sets of legislation does the regulation then designate as applicable?’

(March 19, 2015) 

On March 19, 2015 both Swiss Federal Department of Finance (FDF) as well as European Commission issued press releases stating that on March 19, 2015 Switzerland and the EU initialled an agreement regarding the introduction of the global standard for the automatic exchange of information in tax matters. Switzerland and the 28 EU member states intend to collect account data from 2017 and exchange it from 2018 once the necessary legal basis has been created.

(March 18, 2015)

On March 18, 2015 the Inland Revenue Authority of Singapore (IRAS) issued a press release announcing that the FATCA Agreement concluded between Singapore and the United States and relating Regulations entered into force on March 18, 2015.

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