The European Direct Tax Committee covers income-based tax aspects of European operations, including tax treaty matters, and develops the Institute’s positions and submissions to taxing authorities in European countries, as well as the European Union and OECD.
EU Anti-Tax Avoidance Directive Review - TEI Comments
On September 10, 2024, TEI submitted comments to the European Commission regarding its review of its anti-tax avoidance directive, or "ATAD." TEI's comments focused primarily on whether the ATAD is still useful given the numerous subsequent anti-tax avoidance measures that have been introduced in the European Union, or will be introduced under OECD Pillar Two. TEI's comments were prepared by a working group of its EMEA Direct Tax Committee, led by Ralf Thelosen of Citco. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.
EU Public CbCR Regulation - TEI Comments
On August 28, 2024, TEI submitted comments regarding the European Commission's draft implementing regulation for the Commission's public country-by-country ("CbC") reporting directive. TEI's comments focused on the need to clarify the scope and purpose of the information included in the public CbC reports, for consistency across EU Member States in implementing the regulation, and to use an XML schema instead of XBRL. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.
GloBE Information Return XML Schema - TEI Comments
On August 19, 2024, TEI submitted comments regarding the OECD's Draft User Guide for the GloBE Information Return XML Schema. TEI's comments emphasized the need for information return exchange agreements, a uniform XML schema and filing portal, and a secondary filing mechanism, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee and were led by Ralf Thelosen of Citco. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.
United Nations International Tax Cooperation Framework - TEI Comments
On March 15, 2024, TEI submitted comments to the United Nations regarding its Terms of Reference for a United Nations Framework Convention on International Tax Cooperation. TEI's comments focused on the need for clear and principle based international tax rules, avoiding double taxation, and delineation of how international tax rules interact with local rules in each jurisdiction, among other things. TEI's letter was prepared under the aegis of its EMEA Direct Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.
Revised Australian Public CbC Reporting - TEI Comments
On March 5, 2024, TEI filed comments with the Australian Treasury regarding the Australian government's revised Exposure Draft proposing to require certain multinational corporations with operations in Australia to make public country-by-country reporting information. TEI's comments addressed the inconsistency of the data Australia would require to be published with other country-by-country data, the need for flexibility in how companies prepare the data to be published, and the need to protect competitively sensitive data, among other things.
Australian Software Royalty Characterization Ruling - TEI Comments
On March 1, 2024, TEI filed comments with the Australian Taxation Office regarding its new interpretation of the characterization of payments made for software and other intellectual property. TEI's commented on how this new interpretation was out of step with longstanding and internationally accepted tax rules, that the new interpretation was likely to lead to increases in tax disputes and incidences of double taxation, among other things. TEI's comments were developed under the aegis of its EMEA Direct and Asia Tax Committees. Benjamin R.
EU BEFIT Initiative - TEI Comments
On January 22, 2024, TEI submitted to the European Commission regarding the Commission's proposed directive on Business in Europe: Framework for Income Taxation ("BEFIT"), which aims to simplify corporate income taxation among EU members states. TEI's comments focused on the interaction between BEFIT and the OECD's Pillar Two initiative, which may lead to unintended consequences, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee. TEI Tax Counsel, Benjamin R. Shreck, coordinated the drafting of TEI's comments.
Proposed EU Transfer Pricing Directive - TEI Comments
On January 3, 2024, TEI submitted a comment letter to the European Commission regarding its proposal for a transfer pricing directive. TEI's comments focused on the need to coordinate certain of the proposed directive's term definitions with how those terms are defined in other multinational settings, clarification to how corresponding and compensating adjustments are handled, as well the need for coordination of the transfer pricing rules with VAT and Customs duties, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee. Benjamin R.
GloBE Information Return - TEI Comments
On October 6, 2023, TEI submitted comments to the OECD and European Commission regarding the GloBE Information Return ("GIR") under Pillar Two of the OECD's two pillar approach to the tax challenges arising from the digitalization of the economy. TEI's comments focused on the volume of information required to be reported on the GIR, statute of limitations issues, timing of tax filings, and tax payment issues, among other things. TEI's comments were prepared by its EMEA Direct Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.