Download or read book Taxation of Cross border Services written by and published by . This book was released on 2012 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author examines the different conditions for tax treatment of services in India. He closely analyses statutory provisions, case law and tax treaty provisions. Further, the book offers synopses of relevant court decisions. Part I deals with the provisions of the domestic law as regards taxation of fees for technical services. Part II deals with taxation of services in terms of the provisions of the tax treaties signed by India. Part III deals with the provisions of the proposed Direct Taxes Code Bill 2010 as regards taxation of services and Branch Profits Tax.

Download or read book Cross Border Taxation of Permanent Establishments written by Andreas Waltrich and published by Kluwer Law International B.V.. This book was released on 2016-04-20 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The permanent establishment (PE) is a legal form of cross-border direct investment whereby a business presence is maintained as an integral part of the foreign investor. Due to the growing intensity and complexity of international business relations, the PE defi¬nition and the allocation of profi¬ts between head units and PEs have become highly contentious, especially from the perspectives of the major emerging economies of the BRIC countries (Brazil, Russia, India, and China). Unsurprisingly, the potential for tax avoidance and the scrutiny of tax authorities have increased enormously. Against this background, this work illustrates and compares the OECD Model Tax Convention with country-specifi¬c source taxation rules, focusing on possible tax system changes and offering reform proposals. Emphasizing the taxable implications of the various rules upon country-speci¬fic PE concepts, the author’s treatment covers such issues and topics as the following: – the PE de¬finition of the OECD MC and from the perspective of selected countries; – allocation of business pro¬fits under the Authorised OECD Approach (AOA); – avoidance of PE status; – implementation of a service PE proposal; – construction site PEs established by subcontractors; – existence of an agency PE; and – the OECD project on Base Erosion and Profi¬t Shifting (BEPS). The author uses simulated cross-border national and treaty cases to highlight qualifi¬cation conflicts, thus reinforcing his detailed discussion of source taxation rules of business profi¬ts and relevant case law in Germany, the United States, and the BRIC states. There is also a checklist detailing how companies can avoid unintentionally setting up a PE. The author’s deeply informed proposals provide much-needed guiding tax criteria and open the way to greater feasibility and transparency in PE taxation. Because the defi¬nition of PEs has enlarged and the treatment of profi¬t allocation has become more complex, the clari¬fication of the PE concept presented in this book is of inestimable importance for lawyers, of¬ficials, policymakers, and academics concerned with international business taxation in any jurisdiction.

Download or read book Taxation of Cross Border Services written by Radhakishan Rawal and published by . This book was released on 2014 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Taxing Cross border Services written by Angharad Miller and published by . This book was released on 2014 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tradability of services cross border has increased vastly since the provisions in the OECD and UN Model Tax Conventions were first developed. This book examines the factors used in these Models to connect an enterprise with the tax jurisdiction of a state for the purposes of allocating the tax base arising from cross-border enterprise services. It questions whether these factors produce an allocation of taxing rights which is acceptable to both multinational enterprises and tax authorities, in terms of satisfying any debt of economic allegiance and limiting base erosion. The connecting factors used, such as permanent establishment and location of the customer, are examined from theoretical and empirical standpoints: if they are considered acceptable, they should be found to be in widespread use, both in the domestic laws of states and in the network of bilateral double tax treaties.

Download or read book Taxation of Cross border Services a Latin American Perspective written by N.J. Muñiz Arias and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, the author discusses Latin American taxation of cross-border services, via measures such as VAT and income tax withholding, as well as other taxes or contributions that can increase a multinational entity's tax burden when conducting business in the region.

Download or read book Taxmann s Cross Border Transactions under Tax Laws FEMA Practical Commentary covering Income Tax including International Tax Transfer Pricing GST Customs FEMA etc with Case Laws written by Dr. G. Gokul Kishore and published by Taxmann Publications Private Limited. This book was released on 2023-05-26 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical guidance based on judicial interpretation of the law and rules. It also provides an easy-to-understand commentary (with departmental clarifications) on cross-border transactions with respect to the following laws: • Income Tax (including International Tax & Transfer Pricing) • Goods & Services Tax (GST) • Customs • Foreign Exchange Management Act (FEMA) This book will be helpful for practitioners, members of the bar & bench and industry, and assessing officers. The Present Publication is the 3rd Edition, amended by the Finance Act 2023 and updated till 1st May 2023. This book is authored by Dr. Gokul Kishore & R. Subhashree, with the following noteworthy features: • [Easy-to-Understand Practical Commentary] covering: o Income Tax (including International Tax & Transfer Pricing) § Implications of International Transactions § Adoption of Appropriate Transfer Pricing (TP) § Comprehending the Creation of Permanent Establishment (PE) and Double Taxation Avoidance Arrangements (DTAA) § Ensuring Compliance with Withholding Obligations when payment is made to non-resident § Issues relating to Royalty & Fees for Technical Services (FTS), Tax Residency and Foreign Tax Credit (FTC) o GST § Examination of Cross-Border Services by applying Place of Supply & Export of Service provisions under the Integrated Goods and Services Tax Act (IGST), besides analyzing benefits to exporters o Customs § Valuation of Imported Goods under Customs Valuation Rules, when transaction value as declared by importer is not accepted § Availing Customs Duty Exemptions § Duty Remission and Rewards under various Export Promotion Schemes as provided in Foreign Trade Policy 2023 o FEMA § Compliance with Provisions of FEMA on Receipts and Payments for Export and Imports • [Exhaustive Discussion on both Basic Concepts and Issues faced by the Industry] combined with essential commentary on statutory provisions and the jurisprudence. • [Cross-references to other Chapters] wherever implications need to be understood The structure of the book is as follows: • [Chapter 1 | Customs Valuation] discusses Article VII of GATT, Customs Valuation Agreement, Section 14 of Customs Act, 1962, Customs Valuation Rules (for imported goods) and Export Valuation Rules with relevant judgments and orders. Pointers relating to transfer pricing issues have also been mentioned in this chapter • [Chapter 2 | Transfer Pricing] analyzes international transactions, associated enterprises, comparables, methods of determining Arms Length Price, TP challenges in India as per the UN TP Manual and judicial rulings, creation of marketing intangibles and TP issues relating to AMP expenses. TP assessment, adjustment and appellate remedy have also been included. To provide a 360° perspective, secondary adjustment, Country by Country Reporting (CbCr), thin capitalization, Cost Contribution Arrangements, intra-group services and cost-sharing arrangements have been succinctly covered • [Chapter 3 | Permanent Establishment & DTAAs] discusses taxing powers and sources of income. The concept of PE and types of PE have been explained through the relevant articles in various DTAAs, along with treatment by the Indian judiciary and ITAT. The attribution of profits to PE, which has significant practical implications, has also been discussed • [Chapter 4 | Incomes other than Business Income, Withholding Obligations and Foreign Tax Credit] is broad-based and to the extent relevant to cross-border transactions; it provides a commentary laced with practical guidance on residency, the definition of interest, jurisdiction to tax, dividends paid or received, taxation of royalty, FTS, salary, capital gains, other income, withholding obligations, FTC, the requirement to file the return and the concept of the representative assessee • [Chapter 5 | Import & Export under IGST Act] as applicable to import and export of goods, import of services and export of services, along with the provisions on the place of supply and refund mechanism, forms the fifth chapter • [Chapter 6 | Customs Exemption and Export Promotion Schemes under FTP] Considering the relevance to cross-border trade, Customs Duty exemptions and export promotion schemes under Foreign Trade Policy 2023 (FTP) have been discussed in the sixth chapter. • [Chapter 7 | Export and Import under FEMA & Regulations] Knowledge of obligations and provisions applicable to export and import under FEMA and regulations thereunder is integral to cross-border transactions. Therefore, a concise commentary on the same has been provided in Chapter 7 • [Chapter 8 | Dispute Resolution] Dispute resolution mechanisms under IGST Act and Customs Act, along with alternative dispute resolution under Income Tax Act, have been included. Chapter 8 also provides a broad overview of the statutory remedies available to exporters and importers

Download or read book Cross border Consumption Taxation of Digital Supplies written by Pernilla Rendahl and published by IBFD. This book was released on 2009 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study compares cross-border consumption taxation of digital supplies in business-to-consumer transactions from an international coordination perspective. Hence, the various classifications of digital supplies and the provisions for deciding the place of taxation are compared and examined to identify cases of double taxation and unintentional nontaxation or potential risks thereof. In addition, possible remedies for double taxation and unintentional non-taxation are discussed.

Download or read book Taxation of Income from Domestic and Cross border Collective Investment written by Andreas Oestreicher and published by Springer Science & Business Media. This book was released on 2013-07-30 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fund Reporting Cloud® has made tax reporting less complex, but comparing the effective tax treatment of investment funds and their investors in an international environment is still an ambitious task. Against this background, this study examines the tax consequences at fund, asset, and investor level. In geographical terms our comparison covers eleven European countries, the USA, and Japan. Our analysis of the relevant tax provisions, which is of a primarily qualitative nature, is complemented by a quantitative comparison of the tax burden for a model investor investing assets nationally in the form of a collective investment. It will be of interest both for investors seeking tax advantages and for governments to check whether there is a need for tax reforms. It also ties in perfectly with the current evaluations at OECD level in the context of TRACE.

Download or read book Taxation of Cross border Provision of Services in Double Tax Conventions Between Developed and Developing Countries a Proposal for New Guidelines written by and published by . This book was released on 2013 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cross Border Transactions Between Related Companies A Summary of Tax Rules written by Ernst & Whinney and published by Springer. This book was released on 1985 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study providing an outline of transfer pricing rules and related issues in some countries (Australia, Belgium, Brazil, Canada, Denmark, Finland, France, German Federal Republic, Hong Kong, Ireland, Italy, Japan, Mexico, the Netherlands, New Zealand, Norway, Saudi Arabia, Singapore, SOuth Africa, SPain, Sweden, Switzerland, United Kingdom, U.S.A., Venezuela.

Download or read book Taxing Cross border Digital Services Need for Consistency written by Shashwat Sharma and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Language used in drafting contracts in information technology and digital transactions from an intellectual property protection perspective has been picked up by tax authorities and some courts this year resulting in adverse tax consequences. Taxation of cross-border transactions often involves a number of complex issues. In the case of cross-border payments, especially for the use of software, online facilities or IT infrastructure, one of the most litigated issues is the nature or characterization of these payments. Conflicting opinions have been expressed by different tribunals and courts on payments made to foreign services providers for cloud services or services on an online platform namely whether such payments should be considered as "royalty", "fee for technical services" (FTS) or just "business income". This characterization is significant as India's taxing rights under its tax treaties are different for different kinds of income. Remittance for royalty and FTS are subject to withholding tax in India. However, business income earned by a nonresident is generally not taxable in India unless such income may be attributed to a permanent establishment (PE) of such nonresident in India. As a result, the tax authorities often argue in favor of treating such remittances as royalty payment or FTS, where they are unable to make a strong case for the existence of a PE of a nonresident in India.

Download or read book U S International Tax Planning and Policy written by Samuel C. Thompson and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This book addresses the federal income tax treatment of (1) foreign individuals and corporations in the U.S. (i.e., inbound transactions), and (2) U.S. individuals and corporations abroad (i.e., outbound transactions). After considering basic principles and treaties in Part I, Part II deals with inbound transactions; Part III addresses outbound transactions; and Part IV focuses on cross-border mergers and acquisitions. In many chapters the book compares the U.S. approach with the approach taken under the income tax law of South Africa, which has an income tax treaty with the U.S.

Download or read book International VAT GST Guidelines written by Collectif and published by OECD. This book was released on 2017-04-12 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Value Added Tax (VAT; also known as Goods and Services Tax, under the acronym GST in a number of OECD countries) has become a major source of revenue for governments around the world. Some 165 countries operated a VAT at the time of the completion of the International VAT/GST Guidelines in 2016, more than twice as many as 25 years before. As VAT continued to spread across the world, international trade in goods and services has also expanded rapidly in an increasingly globalised economy. One consequence of these developments has been the greater interaction between VAT systems, along with growing risks of double taxation and unintended non-taxation in the absence of international VAT co-ordination. The International VAT/GST Guidelines now present a set of internationally agreed standards and recommended approaches to address the issues that arise from the uncoordinated application of national VAT systems in the context of international trade. They focus in particular on trade in services and intangibles, which poses increasingly important challenges for the design and operation of VAT systems worldwide. They notably include the recommended principles and mechanisms to address the challenges for the collection of VAT on cross-border sales of digital products that had been identified in the context of the OECD/G20 Project on Base and Erosion and Profit Shifting (the BEPS Project). These Guidelines were adopted as a Recommendation by the Council of the OECD in September 2016.

Download or read book U S Tax Treaties written by United States. Internal Revenue Service and published by . This book was released on 1990 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Taxmann s Cross Border Transactions under Tax Laws FEMA Practical Commentary covering Income Tax including International Tax Transfer Pricing GST Customs FEMA along with relevant Case Laws written by Dr. G. Gokul Kishor & R. Subhashree and published by Taxmann Publications Private Limited. This book was released on 2021 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-Border Transactions under Tax Laws & FEMA provides a practical commentary on cross-border transactions with respect to the following laws: • Income Tax (including International Tax & Transfer Pricing) • Goods & Services Tax (GST) • Customs • Foreign Exchange Management Act (FEMA) This book will be helpful for practitioners, members of the bar & bench and industry, and assessing officers. The Present Publication is the Latest Edition, authored by Dr. Gokul Kishore & R. Subhashree & updated till 15th June 2021, with the following noteworthy features: • [Easy-to-Understand Practical Commentary] covering: 𝚘 Income Tax (including International Tax & Transfer Pricing) • Implications of International Transactions • Adoption of Appropriate Transfer Pricing (TP) • Comprehending Creation of Permanent Establishment (PE) and Double Taxation Avoidance Arrangements (DTAA) • Ensuring Compliance with Withholding Obligations, when payment is made to non-resident • Issues relating to Royalty & Fees for Technical Services (FTS), Tax Residency and Foreign Tax Credit (FTC) 𝚘 GST • Examination of Cross-Border Services by applying Place of Supply & Export of Service provisions under Integrated Goods and Services Tax Act (IGST), besides analyzing benefits to exporters 𝚘 Customs • Valuation of Imported Goods under Customs Valuation Rules, when transaction value as declared by importer is not accepted • Availing Customs Duty Exemptions • Duty Remission and Rewards under various Export Promotion Schemes as provided in Foreign Trade Policy 𝚘 FEMA • Compliance with Provisions of FEMA on Receipts and Payments for Export and Imports The structure of the book is as follows: • [First Chapter] on Customs Valuation discusses Article VII of GATT, Customs Valuation Agreement, Section 14 of Customs Act, 1962, Customs Valuation Rules (for imported goods) and Export Valuation Rules along with relevant judgments and orders. Pointers relating to transfer pricing issues have also been mentioned in this chapter. • [Second Chapter] on Transfer Pricing analyzes international transaction, associated enterprises, comparable, methods of determining Arms Length Price, TP challenges in India as per UN TP Manual and judicial rulings, creation of marketing intangibles and TP issues relating to AMP expenses. TP assessment, adjustment and appellate remedy have also been included. To provide 360’ perspective, secondary adjustment, Country by Country Reporting (CbCr), thin capitalization, Cost Contribution Arrangements, intra-group services and cost-sharing arrangements have been succinctly covered. • [Third Chapter] begins with the discussion on taxing powers and source of income. The concept of PE and types of PE have been explained through the relevant articles in various DTAAs along with treatment by the Indian judiciary and ITAT. The attribution of profits to PE, which has significant practical implications, has also been discussed. • [Fourth Chapter] is broad-based and to the extent relevant to cross-border transactions; it provides a commentary laced with practical guidance on residency, the definition of interest, jurisdiction to tax, dividends paid or received, taxation of royalty, FTS, salary, capital gains, other income, withholding obligations, FTC, the requirement to file the return and the concept of the representative assessee. • [Fifth Chapter] IGST as applicable to import and export of goods, import of services and export of services along with the provisions on the place of supply and refund mechanism forms the fifth chapter. • [Sixth Chapter] Considering the relevance to cross-border trade, Customs Duty exemptions and export promotion schemes under Foreign Trade Policy (FTP) have been discussed in the sixth chapter. • [Seventh Chapter] Knowledge of obligations and provisions applicable to export and import under FEMA and regulations thereunder is integral to cross-border transactions. Therefore, a concise commentary on the same has been provided in Chapter 7. • [Eighth Chapter] Dispute resolution mechanism under IGST Act and Customs Act along with alternative dispute resolution under Income Tax Act have been included in Chapter 8 to provide a broad overview on the statutory remedies available to exporters and importers. • [Ninth Chapter] The key feature of this book is an exhaustive discussion on both basic concepts and issues faced by the industry combined with essential commentary on statutory provisions and the jurisprudence. Cross-references to other chapters wherever implications need to be understood completely have been provided to assist the industry.

Download or read book VAT on Cross border Services written by S. Goeydeniz and published by . This book was released on 2010 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border services, especially if provided by means of modern technologies, are creating problems in VAT and other similar consumption taxes as mostly the transaction itself can barely be traced. An efficient system of allocating the taxing right by the jurisdictions involved and the enforcement over the persons involved does not seem to be sufficient these days. Not only the policy aims of taxing a supply at the place where the consumption takes place but also the fear of double taxation or non-taxation due to the different approaches dealing with the problem in issue show the relevance of dealing with this problem more deeply. As a starting point the European VAT system is used to show the problems concerning the place of supply rules, registration and administrative obligations, always having the question in mind, how an effective approach of monitoring and enforcing taxes on services which are provided via borders can be achieved.

Download or read book The Law of Cross border Business Transactions written by Lutz-Christian Wolff and published by Kluwer Law International. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What's in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China's Belt and Road initiative, Brexit and the 'America First' foreign policy. How this will help you: Of special value is the author's precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.