Discussion of the proposed CFC rules and the implementation of the final loss doctrine

The Danish Association on EU Tax Law has organized a membership meeting focusing on the new draft Bill (i) implementing new Danish CFC rules (ATAD), (ii) adjusting the definition of a permanent establishment (OECD BEPS), (iii) allowing deductions for final losses (ECJ case law) and (iv) amending the rules for discretionary assessments in transfer pricing cases.

Peter Koerver Schmidt and Michael Tell will both present and provide their thoughts in relation to the proposed CFC rules and the implementation of the final loss doctrine into Danish tax law. The meeting is Wednesday, October 9, 2019 at 16.00 – 18.00.

New article on the allocation of taxing right to payments for cloud computing-as-a-service

CORIT member Louise Fjord Kjærsgaard has published an article i World Tax Journal under the title “Allocation of the Taxing Right to Payments for Cloud Computing-as-a-Service”

In the article Louise analyses the options available to user jurisdictions for taxing the value generated by cloud computing service providers under current international tax rules. The focus is on mixed contracts, the distinction between business income and royalties and whether the provision of such services constitute a permanent establishment of the cloud computing service providers. Against this background, value creation and the fundamental principles of legal certainty, neutrality and the ability to pay tax are discussed.

The article is published in: World Tax Journal vol. 11 (2019) no. 3.