We hope you all have been (or perhaps still are) enjoying a great Summer break. We have just returned after a few weeks of holidays and thus it was time to make an efficient overview of some of the most interesting tax news of the last few weeks.

 

The OECD

 

Ukraine signs the MLI

On July 23, 2018 Ukraine signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). Ukraine became the 83rd jurisdiction to join the Convention, which now covers over 1,400 bilateral tax treaties.

 

The OECD invites taxpayer input on sixth batch of Dispute Resolution peer reviews (BEPS Action 14)

On July 26, 2018 the OECD invited taxpayer input  for the Stage 1 peer reviews of Argentina, Chile, Colombia, Croatia, India, Latvia, Lithuania and South Africa, and invites taxpayers to submit input on specific issues relating to access to Mutual Agreement Procedure (MAP), clarity and availability of MAP guidance and the timely implementation of MAP agreements for each of these jurisdictions. Completed questionnaires can be returned to the OECD by August 24, 2018 at the latest. More information on this subject can be found here.

 

Antigua and Barbuda signs the Multilateral Convention on Mutual Administrative Assistance in Tax Matters

On July 27, 2018 Antigua and Barbuda signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. More information on this subject can be found here.

 

Kazakhstan expresses its intention to commence automatic exchanges of financial account information in tax matters in September 2020

 

 

The Court of Justice of the European Union

 

Case C-575/17, Sofina and Others

On August 7, 2018 on the website of the Court of Justice of the European Union (CJEU) the opinion of Advocate General Wathelet in the Case C-575/17, Sofina and Others, (ECLI:EU:C:2018:650) was published (Free movement of capital – Withholding tax over dividends paid to loss-making non-resident companies). The full text of the opinion of the Advocate General can be found here.

 

Case C-475/17, Viking Motors and Others

On August 7, 2018 the Court of Justice of the European Union (CJEU) judged in Case C-475/17, Viking Motors and Others (ECLI:EU:C:2018:636) (VAT – Article 401 of Directive 2006/112/EC – Domestic taxes which can be characterised as turnover taxes – Concept of ‘turnover tax’). The text of the judgment can be found here.

 

Case C-16/17, TGE Gas Engineering

On August 7, 2018 the Court of Justice of the European Union (CJEU) judged in Case C-16/17, TGE Gas Engineering (ECLI:EU:C:2018:647) (VAT – Deduction of input tax — Origin and scope of the right to deduct). The text of the judgment can be found here.

 

 

New Zealand

New Zealand has ratified the OECD’s Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the “Multilateral Instrument”, or MLI), which according to the Mew Zealand tax authorities is expected to enter into force for New Zealand from October 1, 2018.

 

 

Germany

On August 1, 2018 the German Federal Ministry of Finance published a draft bill against tax fraud in online trading. More on the subject can be found here.

 

 

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