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On February 13, 2017 the Japanese Ministry of Finance issued a press release announcing that on February 10, 2017 the mutual notification procedures for entry the into force of the Agreement between the Government of Japan and the Government of the Republic of Panama for the Exchange of Information relating to Tax Matters, which was signed on August 25, 2016, (Hereafter: the TIEA) were completed.
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The Chairman of the European Parliament’s Committee of inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (Hereafter: PANA) has published information request which he has sent to the Governments of the EU Member States. In his letter the Chairman of PANA requests the highest political level of responsibility of each respective EU Member State to provide PANA with information about the relevant national legal definition(s) of tax-related crimes, about the organization of tasks between the national administrations and the judiciary and about staff resources and working methods, as well as about the results achieved to date.
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On February 9, 2017 the European Parliament’s Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA) held the second hearing of a series of three on the role of lawyers, accountants and bankers in the Panama Papers. The European Parliament has now made a replay of the webstream of this meeting available on its website.
Read more: Replay of European Parliament’s PANA meeting of February 9, 2017 is available
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On February 9, 2017 the Australian Government introduced a proposal into the Australian Parliament for legislation to implement a new Diverted Profits Tax. The legislation is supposed to commence on July 1, 2017.
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On February 9, 2017 the Court of Justice of the European Union (CJEU) judged in Case C-21/16, Euro Tyre BV — Sucursal em Portugal versus Autoridade Tributária e Aduaneira (ECLI:EU:C:2017:106).
This request for a preliminary ruling concerns the interpretation of Article 131 and Article 138(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and also of the principle of proportionality.
Must Article 131 and Article 138(1) of Directive 2006/112 be interpreted, in respect of an intra-Community supply of goods, as precluding the tax authority of a Member State from refusing to grant VAT exemption to a vendor domiciled in that Member State on the ground that the purchaser, domiciled in another Member State, is not registered in the VIES database nor is subject in that country to a system of taxation on intra-Community acquisitions of goods, although he has, at the time of the transactions, a valid identification number for the purposes of VAT in that other Member State, which has been used in the transaction invoices, and the cumulative material conditions for an intra-Community supply have been fulfilled, namely, that the right to dispose of the goods as owner has been transferred to the purchaser and the vendor has established that these goods were dispatched or transported to another Member State and that, after that dispatch or transport, those goods physically left the Member State of departure and were delivered to a taxable purchaser or legal person acting as such in a Member State other than that in which dispatch or transport of the goods began?
The request was made in the course of proceedings between Euro Tyre BV — Sucursal em Portugal (‘Euro Tyre’) and the Autoridade Tributária e Aduaneira (Tax and Customs Authority, Portugal) in relation of that authority’s refusal to exempt from value added tax (VAT) several transactions which Euro Tyre has classified as intra-Community supplies of goods.
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