► Did Brexit affect the UK’s treaties network?
Yes, Brexit significantly affected the UK’s treaty network, particularly in the areas of trade, tax, investment, financial services, and…
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► If a country is part of the European Union BUT not a member of the OECD – does this affect any…
Yes, a country’s membership in the European Union (EU) but not in the OECD can affect the treaties it enters into, particularly in areas…
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► Treaties take a long time to renegotiate or cancel. How does this work in cases of conflict…
Treaty renegotiation, termination, or suspension in cases of conflict between countries or the imposition of sanctions is a complex process…
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► Which transfer pricing method suits the diamond industry, given the difficulty in accessing…
In your opinion, which transfer pricing method will be the best to apply in to the the diamond industry, based on the fact that it’s not…
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► Canada v. GlaxoSmithKline: Resale Price vs. CUP Method—Which Was Right for Transfer Pricing?
Taking a look at the case: Canada v. GlaxoSmithKline Inc
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► Is analyzing related party transactions as a whole better than isolating elements for arm’s…
What is your view on analysing related party transactions in their entirety rather than isolating individual elements that are considered…
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► Does ignoring indirect taxes in TP, like VAT or WHT, risk double/triple taxation for cost-plus…
When it comes to transfer pricing, sometimes the indirect taxes seem ignored. If a company is not registered for VAT, for example, in Kenya…
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► I understand that there is no list of adjustments that the companies can use. However, what are…
In Transfer Pricing, tax authorities often scrutinize adjustments made to ensure comparability and adherence to the Arm’s Length Principle.…
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► What is the solution for companies that do not have access to expensive databases or consulting?
Public Databases and Resources: Utilize free or publicly available financial databases, such as company annual reports, government…
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► I heard that, due to the recent pandemic, comparables from earlier years (before 2020) are not…
The COVID-19 pandemic introduced significant economic disruptions, leading to challenges in using pre-2020 comparables for transfer pricing…
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► How are foreign tax credits treated in cases of significant differences in tax rates?
How are foreign tax credits treated in cases of significant differences in tax rates? For example, are US expats in the UK, where the tax…
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► Can you please give examples where treaty interpretation differs in cases of double taxation…
Treaty interpretation can yield different results in cases of double taxation and double non-taxation, particularly in how countries apply…
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► How can one stay updated with evolving local and international tax changes and react promptly?
Taxes evolve every single day—both local and international. What is the recommendation for keeping up with the changes and reacting on time?
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► Can a credit be applied if US group companies are treated as disregarded entities with a tick…
Can a credit be applied if, in the US, companies within a group are treated as disregarded entities with a tick exercise? This was…
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► Can you give examples where domestic tax rules override the UN and OECD Model Treaties?
The UN Model Treaty was developed with the developing countries’ intentions and benefits more in mind compared to the OECD Model Treaty.…
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► Is double non-taxation a BEPS concern, and can a multilateral instrument prevent it?
Drawing from an example on international double taxation, we see that the interaction of domestic tax laws and treaty provisions for State…
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► How are source rules that consider income from where business is carried on too vague for…
On source rules, Brian Arnold asserts that rules that consider income from business activities as having its source where the real business…
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► How does the 183-Day Rule Impact Tax Residency and When It Can Be Nullified?
In my reading, I have noted that the use of 183 days—minimum—as a criterion to establish residence is considerably common. What is the…
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► Why is Relinquishing Tax Residency More Scrutinised Than Acquiring It?
In explaining some ways of determining an individual’s residence status, Brian Arnold asserts that a facts-and-circumstances test for…
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► In the case of businesses, are there instances where both place of management and place of…
Yes, there are instances where both the place of management and place of incorporation tests may fail to determine the tax residence of a…
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► In the case of individuals, how is the jurisdiction of tax handled within the EU when the…
In the European Union (EU), tax jurisdiction for individuals is primarily determined by residency and the concept of tax domicile rather…
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► How is the tax jurisdiction handled in the case of digital nomads who have not stayed in a…
In the case of individuals, how is the tax jurisdiction handled in the case of digital nomads who have not stayed in a dwelling for more…
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► DTAA Article 13(1): Capital Gains Tax on Sale of Property-Rich Holding Company
Article 13 (1) Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and…
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► Avoiding Double Taxation on Cross-Border Advisory Fees – An African Example
If Company A is busy with a project (for example, in South Africa) and gets Company B based in Zimbabwe to do advisory work, company A will…
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► Can you give an indication of how the MAP processes work?
In the context of international taxation, BEPS 2.0 (Base Erosion and Profit Shifting) represents a significant shift in the global tax…
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► BEPS 2.0 Developments: Impact on International Tax Trends | Pillar One & Pillar Two Explained
In terms of the latest developments (eg. BEPS 2.0), what are some things that we should bear in mind and how are they expected to impact…
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► UN Model vs OECD Model Treaty: Key Differences in Taxation for Developing Countries
The UN Model Treaty was developed with the developing countries’ intentions and benefits more in mind compared to the OECD Model Treaty. In…
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► How Brexit Impacted UK-EU Tax and Legal Relations: VAT, Customs, and Directives
How did Brexit impact the legal and tax implications between the UK and the European Union?
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► Navigating International Tax Without a Double Tax Treaty: FATCA, BEPS, and Transfer Pricing
What happens if a country (eg Hong Kong) doesn’t have a double tax treaty with the US, but does have an exchange of information agreement…
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► Common Law vs Civil Law: Key Differences in International Taxation Explained
I am from Hong Kong, a common law jurisdiction. What do I need to know about civil law jurisdictions to understand the difference in the…
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What are the usual trigger points for tax authorities to start…
What are the usual trigger points for tax authorities to start auditing/investigating/challenging businesses on their TP? Do tax…
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► Are mutual agreement procedures ever published by any tax authorities, at least in redacted…
Are mutual agreement procedures ever published by any tax authorities, at least in redacted forms? If so, are there any sources where MAPs…
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► Are the intercompany activities taken into consideration in relation to economic substance…
Yes, intercompany activities are taken into consideration under the Economic Substance Regulations (ESR). The ESR requires entities…
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► How are inter-company activities treated within NJA (Tax Haven) or OECD grey-listing?
Notified Jurisdiction Areas (NJAs) are specific regions or countries identified by a government (typically in India) where certain…
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► Please give examples for Notified Jurisdiction Areas (NJA)? What happens if you have to trade…
Notified Jurisdiction Areas (NJAs) are specific regions or countries identified by a government (typically in India) where certain…
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► What is the consensus in anti-avoidance legislation between countries within the EU, such as…
Anti-avoidance legislation within the European Union (EU) has become increasingly harmonised, particularly in response to concerns about…
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► What happens when the tie-breaker rules do not work, and there is a dispute?
When tie-breaker rules fail to resolve a dispute regarding tax residency or other issues, and both countries involved still claim taxing…
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