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On August 30, 2023 the New Zealand Government has introduced a Draft Digital Services Tax Bill into the House. The Bill would allow the Government of New Zealand to impose a tax on gross revenues of large multinational entities with highly digitalised business models that earn income from New Zealand.
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On August 24, 2023 the Irish Department of Finance has published its Annual Taxation Report. According to the report the with a total amount of EUR 83.1 billion the Irish tax revenues grew to the highest level ever. In 2022 the highly profitable ICT sector accounts for some 35 per cent of corporate tax receipts and around 10 per cent of income tax revenues.
Read more: The Irish Department of Finance has published its Annual Taxation Report 2023
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On July 24, 2023 the Republic of Tunisia deposited its instrument of ratification for the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI).
Read more: Tunisia deposited its instrument of ratification for the MLI
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On August 16, 2023, the German Federal Cabinet passed a draft law to implement Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union. The Draft law also contains accompanying measures.
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On June 16, 2023 the Tribunal de première instance du Luxembourg (Belgium) lodged a request for a preliminary ruling with the Court of Justice of the European Union in Case C-380/23, Monmorieux. Basically the parties in the underlying case are disputing whether the enforcement of the amicable settlement reached between the tax authorities of 2 States can be contingent on the taxpayer’s unconditional withdrawal of his legal action in one of these States.
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On August 17, 2023 the German Federal Ministry of Finance issued a short press release announcing that the independent Scientific Advisory Board to the Ministry has presented its opinion on the European Commission's proposal for a Directive on a Debt-Equity Bias Reduction Allowance (DEBRA). The Scientific Advisory Board shares the Commission's concerns about preferential tax treatment of debts, but it does not consider the proposed Directive to be the right way forward.
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Op 16 maart 2023 hebben Koninklijke Boskalis NV, gevestigd te Sliedrecht en Boskalis Offshore Transport Services NV, gevestigd te Antwerpen bij het Gerecht van de EU (the General Court) (Hierna: het Gerecht) een beroep ingediend tegen Richtlijn (EU) 2022/2523 van de Raad van 14 december 2022 tot waarborging van een mondiaal minimumniveau van belastingheffing voor groepen van multinationale ondernemingen en omvangrijke binnenlandse groepen in de Unie. Op 14 juli 2023 heeft de zevende Kamer van het Gerecht beslist dat het beroep niet ontvankelijk is omdat het 1 dag te laat is ingediend.
Fugro lodged an action with the General Court of the EU to partially annul the EU Pillar 2 Directive
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On March 15, 2023 Fugro lodged an action with the General Court of the EU to partially annul the Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union (Case T-143/23).
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On March 16, 2023 Koninklijke Boskalis NV, established in Sliedrecht (Netherlands), and Boskalis Offshore Transport Services NV, established in Antwerp (Belgium), lodged an action against Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union. The applicants claimed that the Court should:
- partially annul the Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union (OJ 2022 L 328, p. 1); “the contested measure”;
- order the Council of the European Union to pay the costs of the proceedings.
By its order of July 14, 2023 (ECLI:EU:T:2023:415) the Seventh Chamber of the General Court ordered that the action is dismissed as manifestly inadmissible.
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In recent years the international call to narrow the wealth gap between the (super-) rich and the poor has become louder. In addition, the pleas for taxing the (super-) rich have also become louder. On July 11, 2023 the European Commission for example decided to register a European Citizens' Initiative (ECI) entitled ‘Taxing great wealth to finance the ecological and social transition'. (See our article from July 12, 2023) The obvious question that arises is what would be the best way to tax the high-net-worth individuals?
Read more: Taxing the rich – The VanMoof case shows how quickly things can change and why careful...
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