European Direct Tax

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.

EMEA DIRECT TAX

Staff Liaison:

Ben Shreck, Tax Counsel
202.464.8353

 

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.

Pillar One - Amount B: TEI Comments to the OECD

On September 1, 2023, Tax Executives Institute, Inc. ("TEI") submitted comments responding to the OECD's public consultation document regarding Pillar One - Amount B. TEI recommended the OECD make Amount B an elective safe-harbor for multinational enterprises, increase the scope of the definition of "distributor," and enhance the mechanisms for dispute prevention and resolution, among other things. TEI's comments were prepared under the aegis of its EMEA Direct Tax Committee, whose Chair is Sandra Esteves. Benjamin R.

Certain Aspects of OECD Pillar Two - TEI Comments

On August 14 2023, TEI submitted comments to the OECD regarding certain aspects of the OECD's Pillar Two initiative. TEI's comments were provided as a follow up to the Institute's June 6 meeting with representatives from the OECD. The Institute's comments focused on issues arising from disputed tax amounts, administration of the GloBE information return, as well as the various Pillar Two safe harbors. The Institute's comments were led by TEI's EMEA Direct Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of the Institute's comments.

Australian Public CbC Reporting - TEI Comments

On July 21, 2023, TEI submitted a second set of comments to the Australian Senate Standing Committees on Economics regarding a proposal to require public disclosure of certain country-by-country ("CbC") report information. The Institute's comments included concern regarding the extraterritorial scope of the proposal, the inconsistency of the required disclosure with the CbC information reported under BEPS Action 13, and the lack of safeguards for commercially sensitive information. TEI's comments were prepared under the aegis of its EMEA Direct and Asia Tax Committees. Benjamin R.

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