The Resource Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach"

Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach"

Label
Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach"
Title
Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach"
Creator
Subject
Language
eng
Summary
The profit attribution to a permanent establishment (PE) in the case of a partnership often raises qualification conflicts. Questions such as whether the partnership is transparent or not or how to deal with expenses on the partners' level in the PE income attribution have to be answered. Under German domestic law (Sec. 15 para 1 lit 2 dEStG), the concept of an additional balance sheet ("Ergänzungsbilanz") is used for such an income attribution - an approach that is considered to be a treaty override. In the UK court case Bloomberg Inc. and BLP Acquisition Holdings LLC v. HMRC, the treatment of expenses related to the business of the partnership on the partners' level was in dispute
Citation source
In: TPI - Transfer Pricing International. - Wien. - Vol. 3 (2019), no. 1 ; p. 33-36
http://library.link/vocab/creatorName
Buriak, S
Geographic coverage
  • European Union
  • Europe
  • North America
Language note
English
http://library.link/vocab/subjectName
  • allocation of profits
  • PE
  • partnership
  • hybrid entity
  • intangibles
  • goodwill
  • entity approach
  • case law
Label
Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach"
Instantiates
Publication
Label
Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach"
Publication

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.3736660 4.9336932