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International Tax Newsletter - Europe & African region

Europe & African region

International Tax Newsletter

International Tax Europe and Africa November 2019

This e-newsletter gives you an overview of international tax developments being reported globally by KPMG member firms in the Europe and Africa Regions between 1 November and 30 November 2019.

Czech Republic Kenia  South Africa  
EU  Mauritius  Spain 
Germany Namibia  Sweden  
Ghana Nigeria   Switzerland
Hungary  Norway  Turkey 
Italy Poland  United Kingdom

 

For a full summary of global tax developments, visit home.kpmg/TaxNewsFlash.

To contact the International Tax Team email internationaltax@kpmg.com.

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International Tax Newsletter - Europe & African region

Czech Republic

  Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Statute of limitations November 2019 An amendment to Czech tax law includes a provision that the statute of limitations for making a tax assessment does not run while there is a pending international request for tax information. Read more
Proposed legislation  Digital services tax 18 November 2019 The Czech government approved the introduction of a digital services tax. The bill will now be considered by parliament. Read more

EU


Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Cross-border mobility of companies November 2019 The European Council adopted a directive on cross-border conversions, mergers and divisions. Read more
Tax legislation approved and regulatory update MDR MDR This sixth Special Edition Euro Tax Flash summarizes the most recent implementation updates of the new rules into Member States’ domestic legislation. Read more
Tax legislation approved and regulatory update Digital taxation / Tax haven blacklist November 2019  The EU Finance ministers approved amendments to the EU blacklist of uncooperative jurisdictions for tax purposes. ECOFIN also exchanged views on the taxation of the digitalized economy following a proposal by the OECD in October 2019 to agree a “unified approach”. Read more
Administrative and case-law WHT 13 November 2019 The Court of Justice of the European Union rendered its decision in the College Pension Plan of British Columbia case (C-641/17) concerning the compatibility with EU law of the German withholding tax on dividends paid to a Canadian pension scheme. Read more 

Germany

Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Various tax areas   November 2019  A report from the KPMG member firm in Germany summarizes recent tax developments, including DAC 6 implementation status, currency hedging gains and tax consolidation across borders.  Read more 

Ghana

Tax area concerned Relevant date Description of measures and publication link
Proposed legislation  Budget  13 November 2019 The 2020 budget does not propose any new taxes but would extend the national fiscal stabilization levy at a rate of 5% and the special import levy at a rate of 2% for five years through 2024. Read more 

Hungary


Tax area concerned Relevant date Description of measures and publication link
Administrative and case-law Tax audits   November 2019 The Court of Justice of the European Union issued its judgment in a case challenging the tax authority’s approach during tax audits and related appeal procedures. Read more 

European Union

Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update MDR 11 September 2019 KPMG’s EU Tax Centre summarizes the most recent implementation updates of the EU MDR rules into Member States’ domestic legislation. Read more
Administrative and case-law EU blacklist October 2019 The Council adopted a revised EU blacklist of non-cooperative jurisdictions for tax purposes. The EU Finance Ministers agreed to remove the United Arab Emirates and the Marshall Islands from the list. Read more

Kenia

Tax area concerned Relevant date Description of measures and publication link
Proposed legislation  Finance Act  November 2019  The Finance Act, 2019, has been published in the official gazette. Read more

Mauritius

Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update CFC / Finance Bill  November 2019 The Mauritius Finance Bill 2019 provides guidelines on the newly introduced Mauritian controlled foreign company (CFC) legislation and its retroactive effective date of 1 July 2019. Read more

Namibia


Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Tax compliance  November 2019 The Ministry of Finance introduced an incentive programme in order to incentivize and encourage taxpayers to register with the Integrated Tax Administration System and to continually use the online service. Read more 

Nigeria

Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Finance Bill 21 November 2019 Nigeria’s Senat passed the Finance Bill, 2019 after the third reading. Read more
Administrative and case-law  Dividend tax  November 2019 The Tax Appeal Tribunal, sitting in Lagos, issued a judgment in a case concerning a tax assessment against a taxpayer that had distributed income greater than its profits to its parent company but claimed that these distributions were exempt from tax pursuant to an executive order. Read more 

Norway


Tax area concerned Relevant date Description of measures and publication link
Treaties MLI 1 November 2019 The multilateral instrument negotiated under Action 15 of the OECD/G20 base erosion and profit shifting project and signed by Norway entered into force 1 November 2019. Read more 

Poland

Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update WHT 1 January 2020 Poland’s withholding tax rules have overhauled the existing system. Most of the changes were effective 1 January 2019, except for the withholding tax mechanism for payments exceeding PLN 2 million—this mechanism was postponed from 1 June 2019 to 1 January 2020. Read more
Tax legislation approved and regulatory update Cooperation program November 2019 The Polish Senate approved legislation introducing a “cooperation program” that would exist between large taxpayers and the tax administration. Read more
Administrative and case-law  Fixed establishment / VAT 14 November 2019 The Advocate General of the Court of Justice of the European Union rendered an opinion in a case concerning whether a subsidiary that is established in the European Union is to be regarded for VAT purposes as a fixed establishment of a parent company established outside the EU. According to the Advocate General, it is not unless there is an abusive contractual structure. Read more 

South Africa

Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Tax incentives  31 October 2019 The Minister of Finance in a 31 October 2019 statement addressed the extension of tax incentives. Also on 31 October 2019, two bills concerning tax incentives were introduced. Read more

Spain

Tax area concerned Relevant date Description of measures and publication link
Administrative and case-law Tax exemptions/ Ports  November 2019 The European Commission issued a release reporting Spain’s commitment to repeal a tax exemption benefitting Spanish ports as from 2020. Read more 

Sweden


Tax area concerned Relevant date Description of measures and publication link
Other Various tax areas  November 2019 KPMG in Sweden prepared a summary of tax aspects business taxpayers in Sweden may want to consider before the end of 2019. Read more 

Switzerland


Tax area concerned Relevant date Description of measures and publication link
Tax legislation approved and regulatory update Tax reform  13 November 2019 The Swiss Federal Council approved ordinances that will implement the 2020 tax reform measures concerning the patent box regime, the notional interest deduction, and a credit on foreign withholding taxes. Read more

Turkey


Tax area concerned Relevant date Description of measures and publication link
Proposed legislation Digital service tax November 2019  Draft legislation proposes to introduce a digital service tax, to be imposed at a rate of 7.5% on Turkish revenues. Read more 

United Kingdom

Tax area concerned Relevant date Description of measures and publication link
Administrative and case law Tax authorities   November 2019 HM Revenue & Customs issued “nudge” letters to certain UK large taxpayers preparing 2018-2019 tax returns to encourage the taxpayers to verify whether excess reporting income and offshore income gains from their offshore fund investments are reported correctly. Read more
Administrative and case law Capital allowance November 2019 A court decision concerns the definition of a structure for capital allowance purposes, and guidance from HM Revenue & Customs concerns structures and buildings allowance. Read more 

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