The Resource The Italian Supreme Court weighs in on commissionare structures - Is the fat lady singing yet?

The Italian Supreme Court weighs in on commissionare structures - Is the fat lady singing yet?

Label
The Italian Supreme Court weighs in on commissionare structures - Is the fat lady singing yet?
Title
The Italian Supreme Court weighs in on commissionare structures - Is the fat lady singing yet?
Creator
Subject
Language
eng
Summary
This article dsicusses the Supreme Court of Italy's decision in the case of Boston Scientific, supporting the taxpayer's position that Boston Scientific's Italian commissionaire did not constitute a PE of its Dutch principal. Adding this case to the French and Norwegian Supreme Court decisions in Zimmer and Dell, respectively, this is the third case regarding the PE treatment of a civil law commissionaire to reach a European Supreme Court. The Boston Scientific case is interesting not just for the result, but also for the comprehensive reach of the arguments raised by the tax administration, the ?plain meaning? approach the court took to treaty interpretation and to reject the tax administration's arguments, and the fact that this case might not represent the final word on the subject in Italy, despite being a Supreme Court decision. As in the Zimmer and Dell cases, the decision upholds the taxpayer's contention that the normal operation of a civil law commissionaire does not create a PE under the dependent agent paragraph of Article 5 of the relevant treaty (which, in this case, was the Netherlands-Italy Income Tax Treaty)
Citation source
In: Tax management international journal. - Arlington. - Vol. 41 (2012),
http://library.link/vocab/creatorName
Sprague, G.D
Geographic coverage
  • European Union
  • Europe
Language note
English
http://library.link/vocab/subjectName
  • agency PE
  • commissionaire
  • case law
Label
The Italian Supreme Court weighs in on commissionare structures - Is the fat lady singing yet?
Instantiates
Publication
Label
The Italian Supreme Court weighs in on commissionare structures - Is the fat lady singing yet?
Publication

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