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Adobe PDFVAT Groups: Potential VAT Costs for Financial Groups as ECJ Recognises Intra-Entity Supplies between US Head Office and VAT-Grouped Branch
Sullivan Cromwell LLP;
Legal Alert/Article
October 19, 2014, previously published on October 10, 2014
The European Court of Justice has decided that IT services provided by Skandia America Corporation to its Swedish branch should be recognised for VAT purposes because the Swedish branch was part of a VAT group.

 

HTMLVoters to Decide Whether Recreational Marijuana Should Be Legal—— Therefore Taxable—In Three More States
McDonald Hopkins LLC;
Legal Alert/Article
October 18, 2014, previously published on OCtober 9, 2014
In less than a month, voters in Alaska, Oregon, and the District of Columbia will decide whether to legalize the retail sale of recreational marijuana. According to ProCon.org, voters in 23 states, including these three, have already approved of programs allowing for the sale of medical marijuana;...

 

HTMLPennsylvania: The Business Privilege Tax does not Apply to the Rental Real Estate Business
McDonald Hopkins LLC;
Legal Alert/Article
October 18, 2014, previously published on October 9, 2014
In Fish, Hrabrick and Briskin v. Township of Lower Merion, the Commonwealth Court of Pennsylvania concluded that the imposition of the business privilege tax (BPT) on the appellants’/lessors’ (Appellants) rental income, defined as gross receipts from lease transactions, violates the...

 

HTMLIRS Same-Sex Marriage Guidance May Require Adoption of Plan Amendments
Rebecca C. Davenport, Maureen J. Gorman, Debra B. Hoffman, Cecilia A. Roth; Mayer Brown LLP;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
Tax-qualified US retirement plans may need to be amended by December 31, 2014 in order to comply with requirements imposed by the Internal Revenue Service (IRS) regarding the treatment of individuals in same-sex marriages following the US Supreme Court’s decision in United States v. Windsor.

 

HTMLThe Netherlands to Expand its Fiscal Unity Regime to Second-Tier Subsidiaries and Sister Companies Following EU Court of Justice Ruling
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On June 12, 2014, the EU Court of Justice ("ECJ") ruled in two joint cases that the Dutch fiscal unity regime infringes on the EU freedom of establishment, because it does not allow a fiscal unity between (i) a Dutch resident parent company and its second-tier Dutch resident subsidiary...

 

HTMLFollower Notices and Accelerated Payments
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The UK Finance Act 2014, enacted in July 2014, contains new legislation to deal with cases of purported tax avoidance, which marks a radical departure from previous policy in this area.

 

HTMLJudgment of Tokyo District Court: Application of a General Anti-Avoidance Rule Concerning Reorganization Transactions
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On March 18, 2014, the Tokyo District Court affirmed corporate tax assessments against two tax payers: Yahoo Japan Corporation ("Yahoo Japan"), a Tokyo Stock Exchange listed company, and IDC Frontier Inc. ("IDCF"), a wholly owned subsidiary of Yahoo Japan.

 

HTMLSDLT and Property Investment Funds
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The UK government has announced that it will be looking at whether any changes are needed to current stamp duty land tax ("SDLT") rules to cater for two specific forms of collective investment scheme designed for investors in the UK market.

 

HTMLNo Corporate Income Tax on an Undervaluation of Shares Acquired by Belgian Holding Company
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Following a very long and winding road in several courts, it has finally been confirmed that Belgium cannot impose corporate tax on any undervaluation of or underpayment for shares acquired by a Belgian corporate taxpayer. Thus, when a Belgian corporation buys shares at a price below fair market...

 

HTMLOECD Releases First BEPS Recommendations to G20 in Accordance with Action Plan
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As a part of the OECD/G20 project to combat base erosion and profit shifting ("BEPS"), the OECD released the first set of reports and recommendations on September 16, 2014.

 


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