Corporate Tax updates

Argentina

Tax amnesty: are bonds an attractive option?
  • Argentina
  • July 08 2016

The government is proposing an ambitious tax amnesty law which would allow taxpayers to disclose undeclared assets and extinguish any tax obligation relating to such assets by paying a penalty. The government proposal gives taxpayers the option to use the disclosed assets to subscribe to a three-year zero coupon bond and a seven-year 1% per year coupon bond.


Canada

Contributed by Thorsteinssons LLP
Federal Court of Appeal releases decision on application of GAAR rule
  • Canada
  • November 17 2017

The Federal Court of Appeal recently overturned a Tax Court decision which had found that a number of transactions undertaken by the Univar corporate group constituted abusive tax avoidance under the General Anti-avoidance Rule (GAAR). The judgment contains several important points concerning the analysis and application of the GAAR and will undoubtedly be relied on by taxpayers in future.

Federal Court denies minister's application to compel CRA oral interviews in course of audit
  • Canada
  • September 22 2017

The minister of national revenue recently sought to compel 25 people to attend oral examinations as part of a transfer pricing audit. The minister applied to the Federal Court for a compliance order, arguing that the Income Tax Act provides the authority to compel such examinations. However, the court disagreed. Its analysis highlights the problematic nature of the minister's position.

Taxpayer beware: courts may choose to ignore a CRA administrative concession
  • Canada
  • September 08 2017

The Tax Court recently rejected the Canada Revenue Agency (CRA) administrative concession that orthodontists can claim input tax credits (ITCs) on a periodic basis, concluding that orthodontic treatment consists of only a single supply, which is exempt and results in no tax charged to the patient and no entitlement to claim ITCs. The decision serves as a cautionary example to taxpayers that CRA administrative concessions which are not supported by the law may be ignored.

Tax Court disapproves of taking questions under advisement in examinations for discovery
  • Canada
  • September 01 2017

Taking questions under advisement is common practice in examinations for discovery in tax disputes; it indicates that counsel has not decided whether the question will be answered or refused and will advise at a later date. In a recent judgment, the Tax Court denounced the practice of taking questions under advisement during examinations for discovery and warned that there may be cost consequences to doing so.

Department of Finance proposes substantial changes to private corporation taxation
  • Canada
  • August 25 2017

The Department of Finance recently released its consultation policy paper on the taxation of private corporations first announced in Budget 2017, along with proposed legislation on some of the topics addressed. The most dramatic proposals seek to equate the tax treatment of self-employed incorporated business owners with that of individual salaried employees without acknowledgement of their fundamental non-tax differences, including the inherent risk in starting and operating a small business.


Cayman Islands

Introduction to automatic exchange of information for investment funds
  • Cayman Islands
  • September 01 2017

As Cayman Islands entities are not directly subject to the so-called 'automatic exchange of information' agreements, the government has introduced legislation to implement these under the Tax Information Authority Law. Guidance notes have also been issued, providing details of the notification, reporting and ongoing obligations that apply, as well as a useful reminder of the differences between the Foreign Account Tax Compliance Act and the Common Reporting Standard.


Chile

Contributed by Montt y Cia SA
Supreme Court overturns decisions denying taxpayers' authority to issue tax invoices
  • Chile
  • November 03 2017

The Supreme Court recently revoked two appeal court decisions in which the underlying issue was the Tax Department's authority to deny taxpayers the ability to issue invoices in certain circumstances. It is unclear whether the Tax Department will review its criteria in this regard, as court decisions in Chile affect only the parties in the specific case.

Withholding tax on interest paid on certain portfolio investments – an overview
  • Chile
  • September 15 2017

A taxpayer resident in Chile with a portfolio investment in the United States recently requested a ruling on whether he was entitled to a refund of certain withholding taxes paid by the portfolio because it included bonds issued in Chile. The taxpayer argued that withholding tax should be refunded to the beneficiary of the interest if the beneficiary is a Chilean resident. However, the Tax Department took a different view.

Tax consequences of mergers for accumulated profits
  • Chile
  • June 23 2017

A taxpayer recently requested a ruling on whether a certain type of tax treatment was available following the merger and consolidation of a group. The tax department ruled that the individuals who owned shares in the resultant entity were entitled to use a variable tax rate rather than the 32% fixed tax rate on corporate income tax already paid on profits, as there is no transfer of property in a merger process, but rather an assignment of property to a person who already has a legal interest therein.

Ruling under Chile-UK double tax treaty on permanent establishment and entitlement to treaty benefits
  • Chile
  • April 07 2017

A taxpayer recently requested a ruling from the Chilean tax authorities on whether a branch of an entity resident in a third state should be considered a UK resident for the purpose of claiming the benefits provided under the Chile-UK double tax treaty. The tax department concluded that the person claiming benefits under the treaty was a resident of a third state and that its UK branch or permanent establishment did not meet the requirements to qualify as a UK resident under the treaty.

New rules for selection of tax regime introduced
  • Chile
  • January 06 2017

The recent tax reform introduced by Law 20,780 has provided for two alternative tax regimes: the attributed regime and the partially integrated regime. The attributed regime applies to individual entrepreneurs, limited liability companies, communities and joint stock companies, while the partially integrated regime is obligatory for corporations and companies whose members and shareholders are other companies (resident or non-resident).


Cyprus

Contributed by Elias Neocleous & Co LLC
Further reminder of instalment scheme for tax arrears
  • Cyprus
  • December 15 2017

With the extended deadline for the submission of applications for inclusion in the deferred settlement scheme for tax arrears established by Law 4(I)/2017 now less than one month away, the Tax Department has issued a further reminder of the scheme's main features. For example, all tax returns due must have been submitted and all tax liabilities for periods after December 31 2015 must have been settled or be in the process of being settled in accordance with an agreed payment schedule.

Extension of accelerated writing-down allowances for tax purposes
  • Cyprus
  • December 08 2017

The Income Tax Law was amended in 2012 to introduce accelerated capital allowances for tax purposes on assets purchased between 2012 and 2014, inclusive. For plant and machinery acquired up to the end of 2018, the annual writing-down allowance rate will be 20% or any higher rate applying to the category of assets concerned. For industrial buildings and hotels acquired up to the end of 2018, the annual writing-down allowance will be 7%.

Public consultation on proposed legislation to implement EU Anti-tax Avoidance Directive
  • Cyprus
  • November 24 2017

The Tax Department recently opened a public consultation on proposed legislation to implement the EU Anti-tax Avoidance Directive, which extends the rules to hybrid mismatches. The consultation period will last until December 8 2017. The consultation documents, which are in Greek, are available on the Tax Department's website.

Settlement of overdue tax liabilities under Process of Adjustment of Tax Arrears Law
  • Cyprus
  • November 10 2017

The Process of Adjustment of Tax Arrears Law 2017 established a procedure for settling tax arrears by monthly instalments, providing a waiver of up to 95% of interest and penalties and covering all nationally imposed taxes. The Tax Department recently issued an announcement informing taxpayers who have applied to participate in the scheme that strict compliance with the agreed terms is essential. In particular, payments must be made on or before the due date or penalties will be applied.

Extension of tax exemptions for loan restructuring
  • Cyprus
  • October 20 2017

In December 2015 Cyprus's tax laws were amended to provide a temporary tax exemption for loan restructurings in order to facilitate and encourage the restructuring of non-performing loans. The exemptions introduced in 2015 were intended to be valid for two years from the date on which the various amending laws entered into force and were therefore set to expire on December 31 2017. However, a number of new laws recently extended the exemptions for a further two years.