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

Resource Information

The work Attribution of profits to a permanent establishment of a partnership (hybrid entity) : limitations of the "separate entity approach" represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

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

Creator

• Buriak, S

Subject

• allocation of profits
• case law
• entity approach
• PE
• hybrid entity
• intangibles
• partnership
• goodwill

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

Geographic coverage

• European Union
• Europe
• North America

Language note

English