The Resource ING DIRECT and others v Central Court of Economic and Administrative Matters : SAN 2995/2015, recurso no 281/2012

ING DIRECT and others v Central Court of Economic and Administrative Matters : SAN 2995/2015, recurso no 281/2012

Label
ING DIRECT and others v Central Court of Economic and Administrative Matters : SAN 2995/2015, recurso no 281/2012
Title
ING DIRECT and others v Central Court of Economic and Administrative Matters : SAN 2995/2015, recurso no 281/2012
Contributor
Subject
Language
eng
Summary
Judgment by the Spanish Audencia Nacional (Sala de Lo Contencioso), judgment date 10 July 2015. The taxpayer was a Netherlands bank conducting direct banking in Spain through a permanent establishment (PE). A tax inspection was carried out and the inspectors attributed to the PE "free capital" in proportion to the transactions carried out by the PE sufficient to fulfil Directive 2000/12/EC on minimum resources. The tax authorities therefore made an adjustment to the tax return said to be based on the terms of the Spanish-Dutch Double Taxation Agreement attributing to the PE profits corresponding to those of a totally independent company. The taxpayer objected that the tax authorities were applying interpretations of the OECD Model approved in 2008 to the tax years 2002 and 2003. The issue in this case is whether the authorised OECD approach for the attribution of profits to a PE, adopted by the OECD in a Report in 2008 (with a finalised version in 2010), could be applied to the branch of a bank for the years 2002 and 2003. This in turn depended on whether changes to the OECD Commentaries made in 2010 could be applied retrospectively
Citation source
In: International tax law reports. - London. - Vol. 18 (2016), part 6 ; p. 680-768
Geographic coverage
  • European Union
  • Europe
Language note
  • English
  • Spanish
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • OECD Model Commentaries
  • case law
  • tax treaty
  • treaty interpretation
  • PE
  • allocation of profits
  • retroactivity
Label
ING DIRECT and others v Central Court of Economic and Administrative Matters : SAN 2995/2015, recurso no 281/2012
Instantiates
Publication
Label
ING DIRECT and others v Central Court of Economic and Administrative Matters : SAN 2995/2015, recurso no 281/2012
Publication

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