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On July 14, 2017 the Japanese Ministry of Finance issued a press release announcing that on July 13, 2017 the Government of Japan and the Government of the Republic of Lithuania signed a Convention between Japan and the Republic of Lithuania for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance (Hereafter: the DTA).
Although the DTA has been signed, it has not entered into force yet. For the DTA to enter into force, the respective ratification procedures have to have been finalized in both countries.
Below we will discuss a selection of provisions included in the DTA of which we think they might interest our readers.
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On July 13, 2017 the Court of Justice of the European Union (CJEU) judged in Case C-633/15, London Borough of Ealing versus Commissioners for Her Majesty’s Revenue and Customs (ECLI:EU:C:2017:544).
This request for a preliminary ruling concerns the interpretation of point (d) of the first paragraph and the second paragraph of Article 133 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax.
The request has been made in proceedings between the London Borough of Ealing and the Commissioners for Her Majesty’s Revenue and Customs (the United Kingdom tax and customs authority; ‘the tax authority’) concerning the chargeability of value added tax (VAT) on charges for admission to sports facilities.
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On July 13, 2017 the Court of Justice of the European Union (CJEU) judged in Case C-151/16, ‘Vakarų Baltijos laivų statykla’ UAB versus Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos, (ECLI:EU:C:2017:537).
This request for a preliminary ruling concerns the interpretation of Article 14(1)(c) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity.
The request has been made in proceedings between ‘Vakarų Baltijos laivų statykla’ UAB and Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos (State Tax Inspectorate attached to the Lithuanian Ministry of Finance) (‘the State Tax Inspectorate’) concerning a decision refusing the reimbursement of excise duty.
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On July 17, 2017 the European Commission published it’s July infringements package. In the package the Commission announces that it decided to send reasoned opinions to Bulgaria, Cyprus and Portugal as these Member States have failed to communicate the transposition of new measures on the automatic exchange of tax rulings between EU tax authorities.
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On July 11, 2017 the OECD issued a press release announcing that on that same date Cameroon signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). By doing so Cameroon became the 70 signatory to the MLI.
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