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On February 18, 2016 on the website of the Court of Justice of the European Union the opinion of Advocate General Kokott in Case C‑516/14 Barlis 06 – Investimentos Imobiliários e Turísticos SA versus Autoridade Tributária e Aduaneira was published (ECLI:EU:C:2016:101). Unfortunately the opinion is not available in the English language, but it is available in several other languages.

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In today’s edition: European Commission – Discours par le Commissaire Pierre Moscovici à la Commission TAXE 2 au Parlement européen; Luxembourg – Newsletter du 18 février 2016 (FATCA)

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On February 17, 2016, the U.S. Department of the Treasury issued a newly revised U.S. Model Income Tax Convention which is the baseline text the U.S. Department of the Treasury uses when it negotiates tax treaties.

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On February 17, 2016 on the website of the Court of Justice of the European Union the opinion of Advocate General Bot in Case C‑518/14 Senatex GmbH versus Finanzamt Hannover-Nord was published (ECLI:EU:C:2016:91).

·       Is the ex nunc effect of the first issue of an invoice, as established by the Court of Justice in the judgment in Terra Baubedarf-Handel (C‑152/02, EU:C:2004:268), qualified by the judgments of the Court of Justice in Pannon Gép Centrum (C‑368/09, EU:C:2010:441) and Petroma Transports and Others(C‑271/12, EU:C:2013:297) as regards cases, such as the present, in which an incomplete invoice is completed, so that the Court of Justice ultimately intended to permit retrospective effect in such cases?

 

·       What are the minimum requirements for an invoice to be capable of correction with retrospective effect? Is it necessary that the original invoice bears a tax number or a VAT identification number, or can these be added later with the consequence that the right of deduction is retained on the basis of the original invoice?

 

·       Is a correction to an invoice timely if it is only made in the course of objection proceedings against the decision (amendment notice) of the tax authority?

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In today’s edition: CJEU – Application - Action brought by the Netherlands versus The Commission in Case T-760/15 (State Aid - Starbucks); CJEU – Application - Action brought by Luxembourg versus The Commission in Case T-755/15 (State Aid - FIAT); CJEU – Application - Action brought by Fiat Chrysler Finance Europe versus The Commission in Case T-759/15 (State Aid - FIAT); European Commission – VAT: EU Cross Border Ruling (CBR) project involves 18 Member States now that Ireland and Italy have joined; European Commission – VAT: The list of EU VAT cross-border rulings (CBR) available on line has been updated; IFRS – IFRS  Taxonomy 2015 Labels Published in Korean

  1. Reminder: TAXE 2 and ECON are going to exchange views with Mr. Moscovici on February 17, 2016
  2. The European Commission launches a public consultation on Improving Double Taxation Dispute Resolution Mechanisms
  3. The opinion of the Advocate General in Case C-300/15 Kohll and Kohll-Schlesser has been published (Free movement of persons – Tax credit reserved to certain pensions)
  4. Singaporean - Thai DTA enters into force
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