Tax treaty briefing for July 2015

UK companies managing foreign subsidiaries from the UK and seeking group relief for their losses should oversee the foreign business from the UK at both executive and day to day levels. Potential exposure to Indian tax on consultancy fees requires careful scrutiny of domestic legislation, the exact terms of the treaty and the date when it takes effect. For airlines to be exempt from tax on revenues from destination countries, they must actually operate the aircraft, as opposed to merely arranging bookings. Maltese companies enjoying special tax treatment may be denied treaty benefits. Recent treaty highlights include provisions relating to MAP tiebreakers, MAP arbitration, stocks of goods as PEs, profit allocation under the authorised OECD approach, and anti-abuse.