The IRS's position should not be considered to conflict with the arm's length principle. The OECD countries can always hold this view against the U.S., by stating that highly valuable marketing intangibles were created in the hands of OECD distributors. Now that it has been determined that U.S....

In this article, the author examines group taxation within the European Union. In particular, the author analyses whether or not the European Court of Justice decision in Papillon and/or Art. 24(5) of the OECD Model Tax Convention oblige Member States to extend the personal scope of their group...

This note examines a recent Dutch Supreme Court decision wherein the Court interpreted the phrase "independent part of an enterprise", which is the Netherlands equivalent to the phrase "branch of activity" under the Merger Directive (2009/133) and highlights certain conceptual difficulties with...

In this article, the authors discuss loss compensation in connection with cross-­border reorganizations, in particular the extent to which the “no possibilities” test can be relied on in claiming compensation for “final losses”

In Gaz de France the ECJ held that an SAS does not fall within the personal scope of the Parent­Subsidiary Directive, as it is not listed in the Annex thereto. Furthermore, it concludes that the exclusion of an SAS from that scope does not constitute unequal treatment. The authors closely...

The European Union (EU) Merger Directive removes certain tax disadvantages encountered by companies and their shareholders in the course of a restructuring operation. However, in spite of amendments and European Court of Justice's (ECJ) interpretations of its provisions, various shortcomings...

This paper analyses and describes which norms can be derived from the OECD’s and the EU’s work on preventing harmful taxation that influence how Singapore should design and administer its Development and Expansion Incentive (‘DEI’). This analysis is relief upon in reviewing the Forum on...