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Corporate Tax

10 May 2019
Pranay Bhatia Notable case law: private share placements, slump sales and transfer pricing

India - BDO LLP

This article looks at notable tax decisions from the Indian courts, including a Supreme Court decision concerning the receipt of share capital in case of private share placements. It also examines the Bombay High Court's decision regarding the sale of an entire unit as a going concern and a recent case involving transfer pricing adjustments.

Author: Pranay Bhatia
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Goh Ka Im Do databases constitute 'plant' and qualify for capital allowances?

Malaysia - Shearn Delamore & Co

In a recent case before the High Court, CIMB Bank Bhd had written to the director general of inland revenue (DGIR) to seek his confirmation on whether certain databases qualified for capital allowances under the Income Tax Act 1967. The DGIR opined that the databases were not 'plant' but 'goodwill' and would not qualify for capital allowances. However, the High Court rejected the DGIR's argument and held that he had had no basis for his submission.

Authors: Goh Ka Im, Foong Pui Chi
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António Fernandes de Oliveira Constitutional Court decisions reassure corporate taxpayers

Portugal - AFDO-adv

In a time when corporate investment is struggling with the legal uncertainty deriving from systematic changes to the Portuguese tax system, the Constitutional Court has an important role in reassuring corporate taxpayers that the most basic constitutional principles are respected, thus protecting their investments. Three recent cases brought before the court were ultimately decided in favour of the protection of the legitimate expectations of investors and the judicial interpretation and application of the law.

Authors: António Fernandes de Oliveira, Mónica Respício Gonçalves
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Louise Kotze Creature of statute: decision about Tax Court's power to increase understatement penalties

South Africa - Cliffe Dekker Hofmeyr

The Supreme Court of Appeal recently ruled on the South African Revenue Service's (SARS's) right to impose understatement penalties on a taxpayer and the quantum thereof. The judgment will be welcomed by taxpayers involved in disputes with SARS regarding understatement penalties, as it reaffirms that the Tax Court cannot, of its own volition, increase an understatement penalty.

Authors: Louise Kotze, Louis Botha
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Recent updates

Louis Botha Proposed amendments regarding dividend stripping rules in 2019 Budget: further reflection

South Africa - Cliffe Dekker Hofmeyr

Author: Louis Botha
Kevin Spencer Tax Court declares state corporate incentives non-taxable income under federal law

USA - McDermott Will & Emery

Authors: Kevin Spencer, Le Chen
Pranay Bhatia India signs agreement with United States on exchange of country-by-country reports

India - BDO LLP

Author: Pranay Bhatia
Greg DelBigio Budget 2019: intensifying fight against tax evasion and new risks for tax professionals

Canada - Thorsteinssons LLP

Authors: Greg DelBigio, Jennifer Flood