Maikel Evers’ Post

The New Era of Taxation - one of the most exiting tax conferences, organised by Taxes Committee of International Bar Association where you can not only meet tax lawyers all over the world, but also to discuss on all trending tax topics. This year this meeting is organised in beautiful Lisbon, which spoils us with sun and warmth. But even more, this time was even more special for me, as together with Mariana Eguiarte Morett Josh Kumar Shreya Rao Karin Spindler-Simader and Francisco Cabral Matos we had fruitful panel discussion on Recent cases and trends on beneficial ownership and treaty eligibility. Two take-aways: 1. There is still open question, if beneficial ownership rule and the concept itself has the purpose to fight against avoidance of tax and treaty shopping or is it the rule for attribution of income; and 2. Why tax authorities throughout the world would still tend rather to apply all kind of domestic rules (GAAR or SAAR) instead of application of provisions of double tax treaties. And one bonus message - the market is awaiting for the news from CJEU, as it needs much more clarity after the situation, created by Danish cases… Special thanks for the hosts of the conference Serena Cabrita Neto and Tiago Cassiano Neves. #ibataxescommittee #taxconference #wallesstax

It's been a busy week in EU tax world. - The EU adopted a renewed tax blacklist, known as the 'list of non-cooperative jurisdictions' in EUspeak. The Parliament's tax subcommittee chair thinks the methodology should change https://lnkd.in/eEb4x3Ks - The Commission referred 4 countries - Cyprus, Spain, Portugal and Poland - to the ECJ for not yet implementing Pillar 2 rules. https://t.co/88rxahfrbM - The EU put out a statement criticizing the UN negotiations on a global corporate tax deal https://t.co/H8RcJU8SpS - There was a spicy debate at the EU parliament on a wealth tax. The Commission said it'd be happy to see work on that at the OECD https://t.co/PdfJooVWei - Talks on an Commission-sponsored transfer pricing bill didn't make much progress https://t.co/xQrFLYpjgg - The EU and the UK met to discuss tax as part of an annual dialogue stipulated in the EU-UK trade agreement https://t.co/WoBuXauFl0

On 14 March 2024, the Dutch Ministry of Finance published a document stating that the Dutch government has approved a new tax treaty between the Netherlands and Spain and will proceed with signing this new tax treaty as soon as possible. The new tax treaty could already be effective as soon as 1 January 2025 and we strongly expect that it will have a significant impact on Spanish real estate investments by investors established in the Netherlands. Learn more here: https://okt.to/dYwJ7N #AMon #EUTax #Tax #TaxTreaty

Tax sparing: mapping species richness, by Bastien Lignereux.  The French DTC network includes a large number of tax sparing provisions: a third of the tax treaties concluded by France include or have included such a provision. However, the study undertaken by this article shows their great diversity, both in terms of scope (income categories concerned) and amount, which can be defined either on a flat-rate basis, or by reference to the tax that would have had to be paid in the source country in the absence of the favorable tax regime it relies on. Moreover, the diversity of the wording of these provisions has repercussions on their effects: their literal interpretation by the courts leads to a situation where the tax sparing may apply either as an ordinary credit, or as a full credit, as the Société Somfy case (Conseil d’Etat, 19 February 2024) shows. Find this article in the issue 2-2024 of the Fiscalité Internationale Review (https://lnkd.in/eMw7B-YR). To receive by e-mail the news published on the Review's website, subscribe to the free news feed (https://lnkd.in/es-PAAvH).   #internationaltaxation #taxation #taxlaw 

The European Commission has a longstanding desire [of allmost 15 years] to implement a consolidated corporate income tax base in the European Union. After a number of failed attempts, the EC launched another propsoal last year: Business in Europe: Framework for Income Taxation” (BEFIT). During the ECOFIN meeting in June 2024, it was noted that the overall objectives of simplifying corporate taxation rules in the EU and reducing the administrative burden are still very welcome. At the same time, conerns are raised on the interaction of the BEFIT rules with other tax rules [e.g. domestic corporate tax rules, Pillar Two rules, EU anti-abuse measures] and the exact scope of the Directive. The BEFIT proposal will be further discussed by the EU Member States in the EU Council under the Hongarian presidency (1 July - 31 December 2024). Robin Debets and I wrote an easy to read article on BEFIT:

📢Consider this as your friendly reminder: The deadline for filing your taxes in the Netherlands is approaching fast! Don't forget to complete your tax returns 𝐛𝐞𝐟𝐨𝐫𝐞 𝐌𝐚𝐲 𝟏𝐬𝐭 to avoid any complications. 🌐Depending on your circumstances, you may need to file an income tax return with the Dutch tax authorities, known as the Belastingdienst. If you've recently arrived or left the Netherlands, you'll likely need to complete the Migration income tax return, also known as the M-form. More information: https://lnkd.in/eg_yVbbA 💼 Filing your taxes in the Netherlands can be complex, especially if navigating the 80+ page Dutch M-form on your own. While you have the option to file independently, many internationals find it beneficial to seek assistance from a Dutch tax advisor like Tax is exciting BV - OrangeTax 🏠 Good to know! Even if you're no longer a resident taxpayer in the Netherlands, you may still have tax obligations related to property ownership. Understanding your tax residency status and unique situation is crucial for proper filing and compliance. You can find more information about the Dutch income tax here: https://lnkd.in/eNu7sKua ⚡ While taxes may not be the most exciting topic, it is essential for your financial well-being. If you have any questions about doing your taxes in the Netherlands or other questions about moving to the Netherlands, we are here to help and guide you every step of the way. Contact us at info@rotterdamexpatcentre.nl or visit our website: https://lnkd.in/ebmxnxm. #RotterdamExpatCentre #TaxDeadline #Rotterdam #IamExpat #Business   📷 Iris van den Broek

🌍 Simplifying Italian Wealth Taxes: What Foreign Investors Need to Know 🇮🇹 Understanding Italy’s wealth taxes, like IVIE and IVAFE, can be daunting - especially if you’re new to the Italian tax system. But fear not! We’ve broken down these complex topics in our latest blog post to make them accessible for everyone, whether you’re an investor or just curious. What’s in it for you? 🖋️ A straightforward explanation of what IVIE and IVAFE are, and why they matter if you own or plan to invest in property abroad 🖋️ Key differences between these taxes and how they are calculated 🖋️ Real-world examples to help you grasp how these taxes might impact your investments 👉 Ready to dive in? Read the full article here https://buff.ly/4ghwnFC and get the insights you need. Don’t forget to share this post with your network to help others navigate these important tax rules 🤝 #ACLegal #WealthTax #IVIE #IVAFE #ItalianTaxLaw #EstatePlanning #InvestInItaly

Tax news: 🌍📊 Big news from the OECD! For the first time in over 20 years, global statutory corporate tax rates have stabilized at an average of 21.1%. This shift comes after a period of consistent declines and is likely influenced by the new Global Minimum Tax agreement. More than 35 jurisdictions are set to adopt a 15% minimum corporate tax rate starting in 2024, reducing competitive pressures and aiming to curb tax avoidance. For a deeper dive, check out the full report on the OECD’s website! Link: https://lnkd.in/efu4aXu8

INTERNATIONAL TAX PLAZA - 2 Tax items are on the provisional agenda for the ECOFIN Council meeting of May 14, 2024 The next meeting of the Economic and Financial Affairs (ECOFIN) Council is taking place on May 14, 2024. The Agenda highlights and a provisional agenda for this meeting have been published on the website of the European Council/the Council of the EU. The following 2 tax items are mentioned on the provisional agenda. But again the proposal for an unshell Directive is not mentioned on the provisional agenda. https://lnkd.in/emyM3ehA

OECD - The design of presumptive tax regimes in selected countries - [Mas-Montserrat, M., C. Colin and B. Brys (2024), "The design of presumptive tax regimes in selected countries", OECD Taxation Working Papers, No. 69, OECD Publishing, Paris, 2024] https://lnkd.in/dPvvdrz4.