Wolters Kluwer: Tax Law’s Post

In a recent landmark decision, the European Court of Justice has significantly enhanced confidentiality and legal privilege rights. A law firm may refuse to provide information to the tax authorities (attorney-client privilege). Article 7 of the EU Charter guarantees the secrecy of legal advice, both in terms of its content and its existence. This has a significant impact on tax authorities' requests in tax audits not only towards law firms but also towards companies throughout the EU. The English version of the decision has now been published: https://lnkd.in/eKdgJvKf   #Tax #TaxLitigation #TaxControversy #InternationalTax #TransferPricing #CJEU #ECJ #EU

  The ECJ's new case law on legal privilege in tax matters continues a trend set in Orde van Vlaamse Balies (C-694/20). In Vlaamse Balies, the ECJ held that the DAC6 reporting obligations violate the legal professional privilege under Article 7 of the EU Charter. This trend underscores the importance of maintaining legal privilege in the context of tax controversies within the EU.  

𝐊𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞 𝐇𝐚𝐬 𝐍𝐨 𝐁𝐨𝐮𝐧𝐝𝐚𝐫𝐢𝐞𝐬 𝗔𝘀𝘀𝗶𝘀𝘁𝗮𝗻𝗰𝗲 𝗶𝗻 𝗧𝗮𝘅-𝗖𝗼𝗹𝗹𝗲𝗰𝘁𝗶𝗼𝗻 𝗰𝗮𝗻 𝗯𝗲 𝗮𝗽𝗽𝗹𝗶𝗲𝗱 𝗜𝗻𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁𝗹𝘆 𝗼𝗳 𝗗𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗟𝗮𝘄 𝗣𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻𝘀 It has always been the dilemma worldwide whether the subsequent amendments made in the domestic tax laws prevail over the tax treaty entered in the earlier years, if contrary ? In this edition of 𝐀𝐫𝐨𝐮𝐧𝐝 𝐓𝐡𝐞 𝐆𝐥𝐨𝐛𝐞, we spotlight a recent ruling by the US Tax Court the international tax treaty presides over the later domestic law and the amendments in the domestic tax law, if contrary to the tax treaty, do not override (unless specifically provided) the treaty provisions agreed mutually by the contracting states. The decision and the analysis can be accessed from the following link: https://lnkd.in/g2x6fMNz If you are keen on receiving tax treaty insights, subscribe now to WhatsApp channel https://lnkd.in/gcA_eGGk #CanadaRevenueAgency #USA #mutualcollectionassistancerequest #IRS #Canada #noticeoffederaltaxlien #NFTL #Collectiondueprocess #petition #timelyreview #ArticleXXVIA #collectionoftax #judicialrights #taxavoidance #taxevasion #residentstate #sourcestate #DTAA #OECD #Internationaltax #taxplanning #treatyinsights #courts #opinions

Constitutional Court ruling leaves “bona fide inadvertent error” in tax law open to debate. The exact meaning of the phrase “bona fide inadvertent error” is still open to different interpretations despite two well-publicised court cases that went from the Tax Court to the Constitutional Court. The highest court in the country did have its say on understatement penalties, but by no means the final say. Therefore, the attitude that the South African Revenue (SARS) will take in thousands of future tax cases remains uncertain. In the Thistle Trust judgment, the Constitutional Court admitted that the dispute over the correct interpretation raises an arguable point in law and is of obvious public importance. But it refrained from interpreting the phrase because there was no “reasoned judgment” in the preceding courts. Read more: https://buff.ly/3zVZAWy #bonafideinadvertenterror #ConstitutionalCourt #expertadvice #legalinterpretation #SARS #SouthAfricanRevenueService #tax #TaxAdministrationAct #taxcompliance #TaxCourt #taxdispute #taxlegislation #taxopinions #taxpenalties #taxpractitioners #ThistleTrustcase #understatementpenalties

Keeping up with EU tax law developments is very complex. Are you trying to navigate this whirlwind of change? Let us make this easier for you. EU Tax Focus is a free collection of notes providing insights into EU tax law developments and uncovering their possible consequences. The EU Tax Law Study Group tracks and reflects on selected developments from the European Commission, European Parliament, Council and Court of Justice of the European Union. Visit our dedicated page now. You will learn more about our Team and have access to this new resource. #EUtaxlaw #taxlaw #EUtax #taxpolicy

The High Court has suspended a CBIC circular regarding corporate guarantee taxes. This allows the authority handling a specific company's case to make an independent decision, free from the influence of the circular's interpretation. https://lnkd.in/dGzCNGhJ #gst #gstupdate #gstcaselaw #gstjudgement #judgement #cas_law #tax #corporate #bombay_high_Court #high_court

Find out how Kluwer International Tax Law can help you make more informed and faster decisions! Make sure you stay on top of your field by using the research materials, country-by-country comparisons and other various practical tools on international tax rules worldwide. Get your free trial now: https://lnkd.in/g-gzMUrh #taxlaw #internationallaw #lawandlegislation

𝐊𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞 𝐇𝐚𝐬 𝐍𝐨 𝐁𝐨𝐮𝐧𝐝𝐚𝐫𝐢𝐞𝐬 𝐅𝐓𝐂 𝐮𝐧𝐝𝐞𝐫 𝐭𝐚𝐱 𝐭𝐫𝐞𝐚𝐭𝐢𝐞𝐬 𝐧𝐨𝐭 𝐢𝐧𝐝𝐞𝐩𝐞𝐧𝐝𝐞𝐧𝐭 𝐨𝐟 𝐝𝐨𝐦𝐞𝐬𝐭𝐢𝐜 𝐥𝐚𝐰 Are taxes paid in the source country automatically eligible for a foreign tax credit by the taxpayer in their resident state, regardless of domestic tax laws? In this edition of 𝐀𝐫𝐨𝐮𝐧𝐝 𝐓𝐡𝐞 𝐆𝐥𝐨𝐛𝐞, we spotlight a ruling by the US Tax Court addressing this very question. The Court ruled that foreign taxes can only be credited according to the provisions of the resident state's domestic tax law. If domestic law does not provide for such an offset, the resident state is not obligated to grant a credit for taxes paid in the source country. The decision and the analysis can be accessed from the following link https://lnkd.in/gRC7YJ3B If you are keen on receiving tax treaty insights, subscribe now to WhatsApp channel https://lnkd.in/gcA_eGGk To catch upon earlier posts, subscribe now to “Tax Treaty Insights” page https://lnkd.in/gW8idiGb #FTC #foreigntaxcredit #USA #Italy #France #residentstate #sourcestate #taxation #worldwideincome #USTaxCourt #Internationaltax #DTAA #Taxtreatyinsights #DTC #Convention #Courts #opinions #taxtreaty #taxtreatyinterpretation #taxplanning #taxsaving #Article23 #Article24

27/12/2024 is the effective date of the tax law amendments 2024

Do you have GST/HST tax issues? HLG Tax Law is here to help you with that https://bit.ly/3tftnlU ☎️(289) 813 4930 📨[email protected] Areas of Practice: Tax Court of Canada Federal Court Canada Revenue Agency Federal Court of Appeal Provincial Ministries of Finance Bankruptcy #JamesHartford #HLGTaxLaw #Lawyer #taxlaw #notarypublic