Exchange of Information, Non-Discrimination, MAP and Abuse of Tax Treaties
Session 8: Tax treat case law around the globe 2022
Date and time
- Saturday, May 14, 2022, 15:20-17:20
All time slots are Central European Time (CET).
Location:
- Tilburg University, Dante Building, Room DZ 2, Warandelaan 2, 5037 AB, Tilburg or
- Online
Chairs
Content
Switzerland
Speaker | Location |
Michael Beusch |
Online |
Moritz Seiler | On Campus |
Exchange of information regarding an individual who was thought to hold an account with a bank that had been subject to a data leak ("Falciani" data)
- Swiss Supreme Court, 25 March 2021
- Case No: 2C_750/2020
Australia
Speaker | Location |
On Campus |
The Dtt between Australia and the UK - discrimination by imposing a more burdensome taxation requirement on a national of the UK than that imposed on an Australian national in the same sircumstandes
- Addy v Commissioner of Taxation, High Court, 3 November 2021
- Case No: : [2021] HCA 34
Argentina
Speaker | Location |
Mirna Solange | On Campus |
Treaty abuse involving conduit companies and Art. 11 Dividends
- Molinos Rio de la Plata vs. DGI
- Case No: CAF 1351/2014/RH2
Spain
Speaker | Location |
Adolfo Martín Jiménez | Online |
Ricardo Garcia | On Campus |
The economic substance of the companies and dividend exemptions
- The Audiencia Nacional (National Tribunal) Quatar Holding, 31 May 2021 and Acciona, 18 June 2021
- Case No(s): SAN 3097/2021, SAN 2804/2021
Supreme Court denied MAP in cases of tax abuse
- Supreme Court, SGL Carbon, 22 September 2021
- Case No: STS 3572/2021
Canada
Speaker | Location |
David Duff | On Campus |
Tax treaty shopping case involving the capital gains article (Art. 13) in the Canada-Luxembourg DTT and Canadian GAAR
- Supreme Court of Canada, Alta Energy Luxembourg SARL (SCC, 2001), 26 November 2021
- Case No: 2021 SCC 49-39113