1,721,016 research outputs found
Qatar and International Taxation: Part I - An Overview of the Legal and Tax Systems
No full textIn Part I of this article, the author presents an overview of Qatar’s legal and tax systems, providing a context for these systems with regard to international taxation
Qatar and International Taxation: Part III – Tax Treaties
No full textIn Part III of this article, the author presents an overview of Qatar’s treaty network, focussing on selected relevant issues. Qatari treaties are addressed against the background of the OECD and UN Models with an emphasis on their common elements
Qatar and International Taxation: Part II – The Income Tax Law and the Qatar Financial Centre Tax Regulations
No full textIn Part II of this article, the author focuses on the Qatari income tax system with specific emphasis on the Income Tax Law (ITL) and the QFC Tax Regulations (QFC-TR)
Reshaping the Italian CFC Rules: Selected Issues
No full textThe Italian controlled foreign corporation rules may be amended in the near future because of two different drivers: (i) the base erosion and profit-shifting action 3 draft, and (ii) the draft decree-law on internationalization (not yet published in the official journal). The author argues that in many ways, the
drafts are likely to increase existing uncertainties in implementing the CFC rules
VAT in United Arab Emirates, Saudi Arabia and Bahrain - Transitional Rules
No full textVAT was introduced in the United Arab Emirates and Saudi Arabia on 1 January 2018, implementing the GCC VAT Unified Agreement. Bahrain introduced VAT on 1 January 2019. In this article, the author describes the transitional rules applicable to existing business contracts at the time of implementation of a new VAT system in those countries, based on the general provision concerning transitional rules under the GCC VAT Agreement
Reshaping Italy's Foreign Tax Credit Regime
No full textThe Italian foreign tax credit regime will be amended as a result of Legislative Decree N. 147 of 2015, which is intended to eliminate discrimination and inconsistency. Those changes should also make the regime consistent with recent FTC guidance (Circular Letter N. 9 of 2015). The author examines interactions between the decree and the circular letter and discusses action 2 of the OECD’s base erosion and profit-shifting report. He argues that the changes resulting
from the decree will likely produce little certainty and many questions
Il contributo dell'Allorio allo studio sistematico dell'interruzione nel processo tributario
No full textAllorio’s book represents a major writing in the research concerning the “interruption” in tax trials. In his landmark book, the preeminent Author highlights the key role of the notion of “party”, addressing the issue of succession in substantive and procedural positions. In this context, discussing the notion of heir, he elaborates his theses on procedural substitution and the provisional management of procedural relations. His theories may thus be recalled with regard to the discipline of interruption in the event of the party’s death, absence and disappearance, as well. Allorio’s book also provides useful insights into the hypothesis of substitution in the event of the party’s incapacity. One more aspect, on which Allorio’s contribution deserves the scholars’ attention, concerns the role of the lawyer in the interruptive fact of the case
The UAE Fiscal Federalism
No full textThe United Arab Emirates (UAE) is a federal State formed in 1971. Since its establishment, federal taxes have not been adopted nor has a Federal Tax Authority been set-up which have led to little attention being paid to the UAE federal tax system. The perception is steadily changing due to the increasing importance of compliance with international standards, on the one side, and the introduction of a ‘federal’ VAT, on the other. In this article, the author discusses the UAE Constitutional principles that directly and indirectly affect taxation. An hystorical
analysis helps to outline the context in which the UAE federalism arose (mainly since 1968) and how it later developed after the establishment of the UAE. The spheres of the Union and the Emirates are strictly interdependent, and the distribution of taxing powers and cooperation between the two levels of government is based on a residual competence of the Emirates (with regard to all matters not assigned to the Union). However, the distribution of taxing powers in the UAE reveals that its tax system is a phenomenon ‘in evolution’, driven by social and economic changes that are gradually shaping the unique UAE federal tax system. Against this background, this system, as it was addressed until 2016, currently displays different features and deserves careful attention by scholars, practitioners, and policymakers who are concerned with UAE tax-related issues
A Tax Law Perspective of the 'Cooperation Council for the Arab States' of the Gulf' ('GCC')
No full textFor quite a long time, tax scholars have been deserving little attention to the Cooperation Council for the Arab States of the Gulf (GCC) as an International Organization. Due to many factors, the discussion concerning taxation within the GCC has been increasing in recent times, so that the following question arises: what role, if any, the ‘GCC’ is ought to play in tax issues? The author addresses, in a comprehensive manner, the impact of GCC principles and rules on Tax issues, stemming from the founding instrument, the GCC Charter and the sc. Economic Agreement. An analysis through the founding instrument and subsequent agreements unveils that the GCC is a peculiar Regional Organization, able to achieve its challenging objectives (despite the lack of a ‘common’ Court). The GCC ‘economic integration’, achieved short after the establishment of a free-trade area, created for a ‘common market’ in which the ‘same treatment’ without ‘differentiation or discrimination’ is ensured. The article aims to enhance the discussion about the role of the GCC in a tax scholars’ perspective. Meanwhile, it is expected to be a useful guidance for both GCC Governments (moving ahead towards epical Fiscal Reforms) and practitioners (searching for clear and predictable solutions) as well
Spunti ricostruttivi sul rilievo sistematico delle note di variazione IVA alla luce di una recente pronuncia della Corte di Cassazione
No full textL’articolo riguarda un caso risolto di recente dalla Corte di Cassazione sul tema delle
note di credito e, segnatamente, l’ambito dell’art. 26 DPR 633/72, come modificato nel 2015, con riferimento alle prestazioni continuate o periodiche. L’autore, muovendo dalla giurisprudenza della Corte di Giustizia, analizza il ragionamento della Corte di Cassazione che interpreta la novella del 2015 affermando che questa modifica normativa sia “non irragionevole”, dal momento che mira a ristabilire la “simmetria” tra le due parti di una operazione. Ad una attenta analisi, l’incertezza (o, meglio, la probabilità che sfiora la certezza) circa il mancato pagamento, è un argomento che condiziona i principi fondamentali dell’IVA e, in particolar modo, il principio di neutralità del tributo e contribuisce a mettere in luce il tema della “prova”, valorizzato sin dall’adozione dell’art. 26 DPR 633/72.The article deals with a recent judgment delivered by the Corte di Cassazione about
credit notes and, namely, the scope of Article 26 Presidential Decree n. 633 of 1977 (“PD 633/72”), as amended in 2015, with respect to continuous or periodic supplies. The author,
stemming from the European Court of Justice case-law, pays attention to the Corte di Cassazione reasoning where it interprets the rule introduced in late 2015 holding that it is “not unreasonable” as it aims at re-establishing “the symmetry” between the two parties of the transaction. At a closer scrutiny, the uncertainty (better, the probability that is close to certainty) about the non-payment, is a matter that affects the basic principles of VAT and, namely, the principle of neutrality and puts in the spotlight the matter of “proof”, stressed
since the inception of Article 26 PD 633/72
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