New publication: "Tax treatment of acquisition of shares in a capital company established in another MS or in a third state: freedom of establishment or free movement of capital?"
Queen Mary, University of London and the School of Advanced Study, University of London are pleased to invite you to the 3d London Alumni International Tax Conference, which is taking place this year on 11 & 12 October 2012, at the Venue, University of London Union, Malet street, London.
Dr. Tom O' Shea who is organizing the conference has gathered and amazing array of talented people to present various topics on international taxation.
Among the topics that are covered are:
- BRICS in international taxation
- issues on exit taxes
- tax issues of holding companies regimes around Europe
- the proposed UK GAAR.
For detailed information on the speakers and topics and on how to participate please see the programme of the conference.
Annual Conference of the Greek Association for Tax Law and Public Finance Studies, Athens, 4 & 5 October 2012
The Annual Conference of the Greek Association for Tax law and Public Finance Studies is scheduled to take place in Athens on 4 and 5 October 2012. This years subject is "Taxation in the time of financial crisis and the rule of law".
Participation is free of charge.
Further information on the venues and speakers are to be found in the detailed programme of the Conference.
Conference 'Tax Governance - The future role of tax administrations in a networking society', Vienna, 20 & 21 September 2012
On September 20 and 21, 2012, the Institute for Austrian and International Tax Law and the Austrian Ministry of Finance, in cooperation with the Faculty of Psychology of the University of Vienna, will host a cross-disciplinary conference. Experts from the fields of economics, law and psychology will join forces to analyze the topic Good Public Governance and Tax Compliance from various and diverse perspectives.
During the conference, which is being held for the first time, researchers, government representatives and practitioners from all over the world will discuss current problems in the field of Tax Crime and Sanctions, Tax Evasion and Aggressive Tax Planning, Enhanced Relationship and Voluntary Compliance.
The conference will be opened on September 20, 2012 at 13:00 at WU (Vienna University of Economics and Business) by a welcome address of Dr. Maria Fekter, the Federal Minister of Finance of the Republic of Austria. The conference will end on September 21 at about 13:45. Afterwards, WU is happy to invite you the Inaugural Lecture of Dr. Jeffrey Owens, former Director of the OECD Centre for Tax Policy and Administration.
Detailed information on the speakers, on the presentations and on how to participate can be found in the programme of the conference.
The tax treatment of corporate losses is a controversial topic in the relationship between tax authorities and cor- porate taxpayers.
In this article, which was published in the May/June 2012 issue of the International Transfer Pricing Journal (ITPJ) published by IBFD, three related topics are considered:
- First, the current general regime regarding the carry-over of losses by Greek corporate taxpayers
- Second, the special measures that were put in place to address the financial crisis and some proposals regarding measures that could be adopted in order to help corporations suffering genuine losses
-Third, the special rules contained in the Income Tax Code and aimed at combat- ing tax avoidance schemes and abusive practices that are commonly used by taxpayers in order to minimize their tax burden.
The Ministry of Finance announced today (Circular 1162/2012) that the deadline for submitting the form E9, a form where changes in the real property of a person are reported, is extended up to 30 November 2012.
Non-residents: new deadline for the submission of required documentation supporting the status of non-resident
The Ministry of Finance has issued a decision according to which all non-residents that have the obligation to file income tax returns in Greece are obliged to submit certain documents to the competent tax office by which their status as non-tax-residents is certified (Circular 1145/2012). The initial deadline for producing the required documentation was the 16th of July.
The Ministry of Finance announced today (Circular 1161/2012) that the deadline for the submission of the required documentation is extended up to the end of the year (31-12-2012). The Ministry also clarified certain cases of non-residents that are not covered by the obligation of producing the required documentation.
The extension of the deadline was considered as necessary since the new legislation imposed a considerable administrative burden on non-tax residents and foreign tax administrations which was not possible to be carried out in the initial short deadline.
Conference on Tax Treaty Case Law Around the Globe 2012, 14-16 June 2012, Tilburg University, the Netherlands
The second annual conference on Tax Treaty Case Law Around the Globe is organized this year by the University of Tilburg and it takes place on 14-16 June in Tilburg, the Netherlands.
During the Conference experts from 24 jurisdictions coming from five continents will present the most relevant court decisions taken in their countries. The main topics have been clustered into seven baskets which will be dealt with in seven conference sessions:
Session 1: Scope, interpretation and residence
Session 2: Permanent Establishment
Session 3: Business profits and capital gains
Session 4: Dividends, interest & beneficial ownership
Session 5: Royalties and labour income
Session 6: Avoidance of double taxation and mutual assistance
Session 7: non-discrimination.
My contribution concerns a Greek Supreme Administrative Court decision on the concept of construction PE in the context of the Greece-Germany DTC.
More information on the Conference are to be found in the detailed programme.
The Ministry of Finance issued guidelines on the proof required by non tax residents in Greece, in order to support their status as non tax residents in Greece (Circular 1145/2012).
In brief the Ministry requires that non-residents produce within the deadline for the filing of the annual individual income tax return the following documents:
- a valid certificate of tax residence, in case the person is a resident in a state with which Greece has signed a double tax convention or
- the tax return filed in his state of residence (i.e. the state in which the person is subject to taxation for his worldwide income).
The publication of the circular comes with a 14-month delay (the law establishing the obligation was passed in March 2011) and it creates more problems that the one it is supposed to solve. In particular, the circular fails to take into account all the cases of foreign tax residents and it imposes a considerable burden on all non-residents, without specifically attacking tax fraud or insincere taxpayers.
In addition, the timing is also problematic, as the deadline for the submission of the required documents is very short whereas the administrative burden on both the individuals and the foreign tax administrations who will issue the certificates of residence is quite heavy; this is aggravated by the fact that in some cases the documents are required to bear an Apostille and in all cases they must be accompanied by an official translation in Greek.
It is expected that the relevant legislation and the accompanying guidelines will need to be reformed in the near future, in order to better serve their anti-avoidance purpose without excessively burdening sincere taxpayers.
Guidelines on the definition of 'tax residence' and on the rules for the change of tax residence (Circular 1142/2012)
The Ministry of Finance published today guidelines on the application of Article 12 of Law 3943/2012 on the definition of 'tax residence" and the rules on the change of tax residence (Circular 1142/2012).
The circular with the guidelines comes with a 14-month delay (the provisions it deals with were approved by the Parliament in March 2011) and it is very much welcome. It provides insight on the approach the Ministry is going to take in the application of the relevant provisions but it does not solve any of the hermeneutical or practical problems that have been identified by practitioners.