Corporate Tax News
Issue 64 - November 2022
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Introduction
Corporate Tax News is closing out 2022 with two lead articles from the Netherlands: a temporary windfall profits tax on companies in the gas, oil and coal sectors and an interesting Supreme Court decision on the static versus ambulatory approach to the interpretation of tax treaties. The European Commission has launched a public consultation on its proposal for the introduction of a common set of rules for EU groups operating cross-border to calculate their taxable base, along with an agreement on a method for allocating profits between EU member states based on a formula. The CJEU has released two important decisions: one on the long-standing Fiat case involving potential state aid from Luxembourg and another on a German case involving the ability of a member state to disallow the deduction of final losses incurred by a foreign PE. France’s finance bill 2023 includes the introduction of a windfall tax and the reintroduction of a generous tax credit for SMEs carrying out energy-efficient renovations of their buildings. Ireland’s finance bill contains measures that weren’t included in the budget announcements and omits some measures that were included. Both bills are expected to be enacted by year-end. Poland aims to finalize rules to implement DAC 7 (new EU tax transparency rules on digital platforms) into domestic law before the end of 2022 and a UK article, which looks at draft regulations that will bring data sharing into effect for the gig economy. Turning to the Asia-Pacific, Cambodia has clarified the documentation needed to substantiate an arm’s length interest rate on related party loans and the rates to be used in such transactions. China has granted temporary enhanced benefits to encourage high-tech enterprises to engage in technological innovation and upgrade their equipment and allowing a higher deduction for R&D expenses. Further refinements are being made to Hong Kong’s proposed FSIE regime to address EU concerns. Interest income and capital gains derived by nonresidents from Korean government bonds and monetary stabilization bonds are exempt through the end of 2022. Malaysia’s budget confirms that the country will introduce the 15% global minimum tax under Pillar Two in 2024, as well as a qualified domestic minimum top-up tax. And in Latin America, with Brazil’s presidential elections now concluded, we’ll have to wait to see how the new President will move his ambitious agenda for income tax and VAT reform forward. Learn about these developments and more in Corporate Tax News. Be sure to check out the Corporate Tax Bytes column and the compilation of recent global tax alerts.
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ROBERT AZIZ
Global Head of Tax and Global Head of People
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HIGHLIGHT: NL – windfall tax
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