Tax Authorities' Use of Permanent Establishment Complicates International Tax Planning - Says TEI Panel
24 März 2008 - 3:00PM
PR Newswire (US)
NEW YORK, March 24 /PRNewswire/ -- What are the most challenging
international tax issues for corporate tax departments? According
to Tax Executives Institute (TEI) members, among the significant
challenges is taxing authorities' expanded use of the concept of
"permanent establishment" based on server location and transfer
pricing regimes. This issue was focused on when a group of TEI
members joined Thomson Tax & Accounting, a segment of The
Thomson Corporation (NYSE: TOC; TSX: TOC), to discuss international
tax issues and where corporate tax departments were spending
significant amounts of time. "The evolution of the OECD model
treaty commentary to accommodate changing forms of doing business
has expanded traditional boundaries of the parameters of concepts
key to determining permanent establishment concept. In turn, taxing
authorities in various jurisdictions are changing their
interpretations of longstanding rules associated with permanent
establishment. One key challenge for tax executives working in
multinational enterprises (MNEs) is keeping up with the changing
rules and the planning necessary to operate in a changing
environment," says Timothy McCormally, executive director, TEI.
Linda Scheffel, Thomson Tax & Accounting Vice President and
Publisher for Research & Guidance said, "Transfer pricing
rules, especially those of non-U.S. taxing authorities, have always
been a challenge even for experts such as TEI's members. In
international taxation, the existence of a 'permanent
establishment' ordinarily creates the right of a regime to tax an
entity. Stated simply, taxing authorities will assert that a
higher-level holding company (with no 'permanent establishment' in
a country as permanent establishment had been defined
traditionally) has a permanent establishment within the country
(therefore creating the right to tax the entity) if the combination
of transfer pricing rules and the newer interpretation of the
permanent establishment rules renders the lower-level subsidiary
lacking in entrepreneurial risk. Thomson Tax & Accounting has
provided cutting-edge coverage of the changes in the concept of
permanent establishment brought about by e-commerce and the issues
related to servers in its industry-leading Journals and WG&L
treatises including Journal of International Taxation, Kuntz &
Peroni US International Taxation, and Levey's U.S. Taxation of
Foreign-Controlled Businesses. In addition, Thomson Tax &
Accounting's Checkpoint(R), the industry-leading online research
platform, provides busy tax professionals access to a vast array of
expertise through its RIA research, WG&L research and
workpapers, U.S. treaties and treaty explanations, non-U.S.
treaties translated by IBFD (TM), non-U.S. statutory translations
for over 100 countries, Create-A-Chart, and CompareIt," said
Scheffel. Bijal Sheth, Vice President, Strategic Marketing,
Research & Guidance at Thomson Tax & Accounting, says, "By
using Thomson Tax & Accounting's Checkpoint, corporations can
research time-consuming issues like transfer pricing, collaborate
on analysis planning, accelerate decision making, and share
knowledge quickly to minimize risks and focus on additional
strategic efforts. Even time-consuming research issues can now be
researched efficiently using the Create-A-Chart function." Whether
through Checkpoint or CrossBorder Solutions, the worldwide industry
standard in transfer pricing compliance software, Thomson Tax &
Accounting is regarded as the preeminent source of information and
up-to-the minute guidance, offering a wide range of integrated
resources to manage the complex regulatory requirements of Transfer
Pricing. An in depth article covering this TEI panel discussion of
international issues appears in the March 2008 issue of Thomson Tax
& Accounting's Journal of International Taxation. TEI TEI is
the preeminent association of business tax executives in North
America with 7,000 members representing 3,200 of the leading
corporations in the United States, Canada, Europe, and Asia. TEI
represents a cross-section of the business community, and is
dedicated to developing and effectively implementing sound tax
policy, promoting the uniform and equitable enforcement of the tax
laws, and reducing the cost and burden of administration and
compliance to the benefit of taxpayers and government alike. As a
professional association, TEI is firmly committed to maintaining a
tax system that works-one that is administrable and with which
taxpayers can comply in a cost-efficient manner. Members of TEI are
responsible for managing the tax affairs of their companies and
must contend daily with the provisions of the tax law relating to
the operation of business enterprises. The diversity and
professional training of TEI's members enable it to bring a
balanced and practical perspective to business tax and tax-related
financial reporting issues. The Thomson Corporation The Thomson
Corporation (http://www.thomson.com/) is a global leader in
providing essential electronic workflow solutions to business and
professional customers. With operational headquarters in Stamford,
Conn., Thomson provides value-added information, software tools and
applications to professionals in the fields of law, tax,
accounting, financial services, scientific research and healthcare.
The Corporation's common shares are listed on the New York and
Toronto stock exchanges (NYSE: TOC; TSX: TOC). Thomson Tax &
Accounting is a segment of Thomson and a leading provider of
technology and integrated information solutions to accounting, tax
and corporate finance professionals in accounting firms,
corporations, law firms and government. Thomson Tax &
Accounting includes the Professional Software & Services,
Corporate Software & Services, and Research & Guidance
business groups. RIA (http://ria.thomson.com/) and PPC
(http://ppc.thomson.com/) are both brands within the Research &
Guidance business. InSource http://www.insource.thomson.com/ and
CrossBorder Solutions http://www.crossbordersolutions.com/ are
brands within the Corporate Software & Services business.
DATASOURCE: Thomson Tax & Accounting CONTACT: Melissa Lande,
1-800-993-7600, ext. 1, , or Pam Bruno, +1-203-461-9409, , both of
Lande Communications, for Thomson Tax & Accounting Web site:
http://ppc.thomson.com/ http://ria.thomson.com/
http://www.insource.thomson.com/
http://www.crossbordersolutions.com/
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