This article takes a look at the recent ruling of the Supreme Court of India in Assessing Officer v. Nestle SA (Nestle) which deliberated the right to invoke the most favoured nation (MFN) clause in a tax treaty and whether such an MFN clause is automatically invoked once notified or if a further notification is required. The article provides an overview of the Nestle case and the fresh arguments put forth by the taxpayer in the petition challenging the decision and critically analyses the two issues deliberated.
{"title":"The Indian Supreme Court’s Ruling in Nestle and the Static Interpretation – An Analysis","authors":"K. Prakash","doi":"10.59403/vgsjxz","DOIUrl":"https://doi.org/10.59403/vgsjxz","url":null,"abstract":"This article takes a look at the recent ruling of the Supreme Court of India in Assessing Officer v. Nestle SA (Nestle) which deliberated the right to invoke the most favoured nation (MFN) clause in a tax treaty and whether such an MFN clause is automatically invoked once notified or if a further notification is required. The article provides an overview of the Nestle case and the fresh arguments put forth by the taxpayer in the petition challenging the decision and critically analyses the two issues deliberated.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":"22 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141802965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, the authors analyse Indonesia’s tax incentives to lure investments and its commitment to adopt the GMT. Such adoption could potentially reduce a company’s effective tax rate to under 15%, possibly diverting revenue from Indonesia to other jurisdictions. The article suggests that the GMT’s introduction in Indonesia will influence various tax incentives, primarily those based on income, including tax holidays, tax allowances, super tax deductions, discounted rates and regional development incentives. Post-GMT, the government plans to introduce the qualified domestic minimum top-up tax to safeguard national revenue during GMT’s roll-out and the qualified refundable tax credit to maintain Indonesia’s competitive investment environment following GMT’s implementation.
{"title":"Effects of the Global Minimum Tax on Income Tax Incentive Framework in Indonesia","authors":"A.D.R. Amalia, M.R.U.D. Tambunan","doi":"10.59403/1cb2ayv","DOIUrl":"https://doi.org/10.59403/1cb2ayv","url":null,"abstract":"In this article, the authors analyse Indonesia’s tax incentives to lure investments and its commitment to adopt the GMT. Such adoption could potentially reduce a company’s effective tax rate to under 15%, possibly diverting revenue from Indonesia to other jurisdictions. The article suggests that the GMT’s introduction in Indonesia will influence various tax incentives, primarily those based on income, including tax holidays, tax allowances, super tax deductions, discounted rates and regional development incentives. Post-GMT, the government plans to introduce the qualified domestic minimum top-up tax to safeguard national revenue during GMT’s roll-out and the qualified refundable tax credit to maintain Indonesia’s competitive investment environment following GMT’s implementation.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141828790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article discusses the treaty-making and ratification process in the Maldives and how the government, in a treatment peculiar to bilateral tax treaties, sidesteps this constitutional due process and, consequently, international law. The article broadly questions the validity of these tax treaties in the Maldives and highlights the implications for taxpayers in obtaining treaty benefits. These discussions are contrasted with the treaties entered before and after the adoption of the present-day (2008) Constitution of the Maldives.
{"title":"Tax Treaty Implementation in the Maldives: A Double Standard in Practice","authors":"H. Amir","doi":"10.59403/1bj24gf","DOIUrl":"https://doi.org/10.59403/1bj24gf","url":null,"abstract":"The article discusses the treaty-making and ratification process in the Maldives and how the government, in a treatment peculiar to bilateral tax treaties, sidesteps this constitutional due process and, consequently, international law. The article broadly questions the validity of these tax treaties in the Maldives and highlights the implications for taxpayers in obtaining treaty benefits. These discussions are contrasted with the treaties entered before and after the adoption of the present-day (2008) Constitution of the Maldives.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":"59 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141360011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, the authors discuss the key tax aspects associated with M&A in Bangladesh. This article provides an overview of the tax aspects of M&A in Bangladesh, the common M&A investment structures, the tax implications for asset and share deals, financing and mergers in Bangladesh. The article concludes with a discussion on the taxation of indirect share transfer rules in Bangladesh.
{"title":"Tax Aspects of Mergers and Acquisitions in Bangladesh","authors":"J. Sheehan, F. Kabir","doi":"10.59403/1d2444t","DOIUrl":"https://doi.org/10.59403/1d2444t","url":null,"abstract":"In this article, the authors discuss the key tax aspects associated with M&A in Bangladesh. This article provides an overview of the tax aspects of M&A in Bangladesh, the common M&A investment structures, the tax implications for asset and share deals, financing and mergers in Bangladesh. The article concludes with a discussion on the taxation of indirect share transfer rules in Bangladesh.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":"17 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140283873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As tax rules around the world tighten at an unprecedented pace and tax authorities step up their game by making considerable investments in data, technology and skilled professionals, we see a monumental shift in the thinking of corporates; from minimizing the tax bill to minimizing tax risks. A logical consequence of this is that new strategies are emerging to mitigate tax risks, in both a transactional and non-transactional context. Insuring tax risks is one of those strategies that is rapidly gaining momentum. This article discusses the insurance of tax risks and the current state of play in Asia.
{"title":"Insurance of Tax Risks: The Current State of Play in Asia","authors":"M.A. de Lange, A. (. Wong","doi":"10.59403/216vzb3","DOIUrl":"https://doi.org/10.59403/216vzb3","url":null,"abstract":"As tax rules around the world tighten at an unprecedented pace and tax authorities step up their game by making considerable investments in data, technology and skilled professionals, we see a monumental shift in the thinking of corporates; from minimizing the tax bill to minimizing tax risks. A logical consequence of this is that new strategies are emerging to mitigate tax risks, in both a transactional and non-transactional context. Insuring tax risks is one of those strategies that is rapidly gaining momentum. This article discusses the insurance of tax risks and the current state of play in Asia.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141203302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Indian Finance Minister announced certain key amendments to the Indian domestic tax laws through the India Budget 2020 against the backdrop of the global economic slowdown and the need for a revival of the Indian economy. The article summarizes certain key amendments with specific focus on foreign investors investing in India.
{"title":"Spotlight on Budget 2020","authors":"K. Susarla, P. Alagappan","doi":"10.59403/zeety5","DOIUrl":"https://doi.org/10.59403/zeety5","url":null,"abstract":"The Indian Finance Minister announced certain key amendments to the Indian domestic tax laws through the India Budget 2020 against the backdrop of the global economic slowdown and the need for a revival of the Indian economy. The article summarizes certain key amendments with specific focus on foreign investors investing in India.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":"112 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141216445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The People’s Democratic Republic of Laos (Laos) is a relatively small ASEAN economy especially when compared to its larger neighbours. However, with an impressive average annual growth rate in GDP of 8% per year it has high investment potential especially as it starts to diversify into other sectors, such as hydropower and transportation. When planning an investment into Laos there are many things for investors to consider in addition to the Laos domestic tax issues and the application of tax treaties, an investor should also examine the tax efficiency and benefits of using a holding company and the costs of maintaining such a company. These are the key domestic and international tax considerations discussed in this article.
{"title":"The Domestic and International Tax Considerations When Structuring Investments into Laos","authors":"J. Sheehan","doi":"10.59403/2q69x73","DOIUrl":"https://doi.org/10.59403/2q69x73","url":null,"abstract":"The People’s Democratic Republic of Laos (Laos) is a relatively small ASEAN economy especially when compared to its larger neighbours. However, with an impressive average annual growth rate in GDP of 8% per year it has high investment potential especially as it starts to diversify into other sectors, such as hydropower and transportation. When planning an investment into Laos there are many things for investors to consider in addition to the Laos domestic tax issues and the application of tax treaties, an investor should also examine the tax efficiency and benefits of using a holding company and the costs of maintaining such a company. These are the key domestic and international tax considerations discussed in this article.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":"116 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141216637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article introduces the definition and characteristics of fiscal and tax administrative public interest litigation, and analyses several typical cases in China.
本文介绍了财税行政公益诉讼的定义和特点，并分析了中国的几个典型案例。
{"title":"Fiscal and Tax Administrative Public Interest Litigation in China","authors":"J. (. Chen, Y. Sun","doi":"10.59403/1t5ewv4","DOIUrl":"https://doi.org/10.59403/1t5ewv4","url":null,"abstract":"This article introduces the definition and characteristics of fiscal and tax administrative public interest litigation, and analyses several typical cases in China.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":" 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141220969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Additional conveyance duty (ACD) is a tax that was introduced in 2017 on the sale of shares in property-heavy companies, with the aim of cooling the property market in Singapore. This article identifies gaps in the rules which can be used to avoid ACD, or which can inadvertently trigger ACD for unsuspecting taxpayers, and proposes solutions to address these gaps.
{"title":"Singapore Stamp Duty: Strengthening the Additional Conveyance Duty Rules","authors":"J. Tan","doi":"10.59403/1mvzavc","DOIUrl":"https://doi.org/10.59403/1mvzavc","url":null,"abstract":"Additional conveyance duty (ACD) is a tax that was introduced in 2017 on the sale of shares in property-heavy companies, with the aim of cooling the property market in Singapore. This article identifies gaps in the rules which can be used to avoid ACD, or which can inadvertently trigger ACD for unsuspecting taxpayers, and proposes solutions to address these gaps.","PeriodicalId":517533,"journal":{"name":"Asia-Pacific Tax Bulletin","volume":" 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141221592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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