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Feature

United States

  • Split decisions: District courts and claims court differ on IRS discretion in FBAR penalties

Case Summaries

France

  • Details about the calculation method of the real estate preponderance ratio in terms of the "3% tax"
  • The free revaluation of the assets of a SCI held by private individuals has no tax consequences
  • No tax residence in France without a personal dwelling!
  • Wealth tax: for the valuation of the shares of a non-resident shareholder in a predominantly real estate company, shareholder debts towards other non-resident shareholders are deductible
  • Application of the "professional renters of furnished property" regime: the requirement to register in the trade and companies register one of the members of the tax household is unconstitutional
  • The consequences of a donation of Restricted Stock Units (RSUs): taxable event of the vesting gain and deduction of the capital loss on the disposal of the RSUs from the vesting gain
  • To apply Article 155 A of the French Tax Code to taxpayers who have transferred their tax residence outside France, it is necessary for the French tax authorities to prove that the services have been rendered and performed in France
  • The contribution of an asset at a voluntarily reduced price to a company constitutes a taxable gift
  • The merger-favorable tax regime is applicable to "sociétés en commandite simple"
  • Income and expenses relating to different corporate tax rates: the fungibility recognized
  • Profit sharing reserve: back to the reason
    Challenging a Share Saving Plan: interposition of a holding company with the sole aim of complying with the maximum holding threshold
  • The eligibility of the shares of an active holding company carrying on a mixed activity under the terms of the Dutreil agreement subject to compliance with the criterion of non-preponderance in civil matters
  • Ite missa est ... A debt waiver is not a revenue
  • Confirmation of the interpretative reservations regarding the cumulative application of tax and criminal penalties
  • Professional assets of an independent business: notion of professional utility
  • Social surcharges applied to non-residents: an opportunity for repayment due to a challengeable reassignment
  • The active holding company: finally a definition!
  • Sale of Bitcoins: decrease in taxation?

Israel

  • How to structure employee stock options in Israel

Malaysia

  • Legal privilege - Request for client information from law firms

Spain

  • Spanish Supreme Court establishes new legal doctrine: maternity benefits are exempt from personal income tax

United Kingdom

  • National Crime Agency v Mrs Zamira Hajiyeva - Unexplained Wealth Orders
  • Lehtimäki v The Children's Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605 - the Court of Appeal decides when courts may compel trustee action
  • Heinrichs v Pantrust and Ors - Jersey revisits the "sham" trust
  • The Court as a 'judicial watchdog': balancing the openness of court proceedings against the requirements of justice

Legislative Developments

Argentina

  • Regulation of Income Tax Act: Acquisition of Real Estate and scope of withholding on severance payments
  • The United States includes Argentina within a list of jurisdictions subject to Exchange of information related to the payments of interest originated in deposits

Belgium

  • New general income tax withholding and reporting obligations introduced for all forms of equity based compensation

China

  • Draft IIT implementing regulations and measures to present tax planning opportunities and challenge
  • Colombia
  • Colombia proposes new tax bill
  • Enforcement of foreign judgments in Colombia
  • Private clients in Colombia

France

  • Vive la (withholding tax) revolution and special issues for US citizens and residents in France
  • 2019: Employer "collector" of French income tax
  • Ronaldo, Messi, Pique, soon in France? (Decree n° 2018-691 of 8-1-2018)

Germany

  • Important changes in German real estate transfer tax expected

Italy

  • Tax amnesty program

 Malaysia
  • Abolition of Goods and Services Tax ("GST") and introduction of sales tax and service tax ("SST")
  • Proposed changes to Malaysia's SST regime pursuant to Budget 2019
  • 2018 special voluntary disclosure programme
  • Malaysia's response to BEPS Action 5 - Harmful Tax Practices
  • Final list of reportable jurisdictions for 2018 reporting
  • Practice note on tax treatment for digital advertising
  • Inland Revenue Board issues updated Tax Audit Framework for 2018
  • Clarification on tax audits

Mexico

  • Inheritance and gift tax: Bill reintroduced to tax inheritance income and gifts exceeding MXN 10 million
  • Decree creating Special Economic Zones of Campeche and Tabasco

Poland

  • Changes in Poland's tax legislation from 2019

Singapore

  • Charting tax and trust law changes in Singapore

Taiwan

  • Taiwan Government to entice Taiwan taxpayers to repatriate offshore money

Ukraine

  • Ukraine may introduce exit capital tax

United Kingdom

  • Taxation of termination payments: HMRC publishes guidance on operation of new rules
  • Updates to donor disclosure rules in the US and UK

United States

  • US tax reform: Provisions of relevance to hedge funds
  • ICOs bring international tax compliance to Main Street, USA: Mom and Pop own a PFIC
  • OECD and European Commission release reports on the digital economy; United States confirms its stance
  • LB&I new campaigns focus on withholding and international individual compliance
  • IRS announces five new international tax compliance campaigns
  • Proposed regulations reduce FATCA and Chapter 3 US withholding tax burdens

 

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