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KPMG Week in Tax: 4 – 8 March 2024

Recent tax developments from around the globe for the week of 4 – 8 March 2024

March 8, 2024

KPMG Week in Tax—published weekly to provide an overview of tax developments as reported in TaxNewsFlash—includes summaries of select tax-related news followed by a full list of reports (more information can be found at the links provided).

  • United States: The U.S. Treasury Department and IRS issued final regulations and other guidance relating to direct pay of certain tax credits available under the “Inflation Reduction Act of 2022” (IRA)) and the “The CHIPS and Science Act of 2022” (CHIPS Act). Both sets of final regulations describe the rules for the elective payment election, including special rules applicable to certain types of entities, excessive payment penalties, basis reduction and recapture, denial of double benefit, and the pre-filing registration process. Read TaxNewsFlash
  • United Kingdom: The “Spring Budget” 2024 includes tax proposals that would have implications for businesses, employers, and individuals. Read a KPMG report
  • Belgium: An Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion concerning the validity of mandatory disclosure rules (DAC6) and the applicability of the professional privilege waiver to non-lawyers. Read a KPMG report

Additional reports

United States

  • Notice 2024-28: Request for recommendations for IRS 2024-2025 Priority Guidance Plan
  • IRS to waive dyed diesel fuel penalty in parts of Texas; wildfire-related relief
  • Treasury and IRS issue final regulations, other guidance on direct pay of certain tax credits under IRA and CHIPS
  • KPMG report: Taxpayer options for fixing federal tax return mistakes
  • Arizona: Guidance on refund claims for invalidated Pinal County tax
  • KPMG reports: California (dividends fully included in sales factor); Minnesota (retail delivery fee); Oklahoma (food sales tax); South Carolina (combined reporting)

Legislative Updates

  • President signs FAA bill extending fuel and ticket taxes
  • White House provides some details of the president’s tax plan
  • JCT report on tax incentives for domestic manufacturing, ahead of Senate Finance hearing
  • JCT report on Amount A under Pillar One of BEPS 2.0, ahead of Ways and Means hearing

Transfer Pricing

  • Australia: KPMG comments on revised draft legislation implementing public country-by-country reporting
  • Cambodia: Market interest rate for related party loans; incentives for voluntary amendment of tax declarations
  • Poland: Bill implementing Pillar Two global minimum tax

Africa

  • Angola: Revisions to VAT law, including taxation of e-commerce transactions
  • Morocco: VAT on cross-border provision of digital services

Americas

  • Bermuda: No new taxes in 2024-2025 budget
  • Bolivia: Deadline for filing and payment of financial transaction tax extended to 8 March 2024

Asia Pacific

  • Australia: Individual income tax and medicare levy bills receive Royal Assent
  • Australia: Overhead costs apportioned to GST-free supplies entitled to input tax credits (Full Federal Court decision)
  • Bahrain: Extension of record retention period for VAT
  • Cambodia: Market interest rate for related party loans; incentives for voluntary amendment of tax declarations
  • India: Deductions for payments to nonresidents upheld; discount by telecom company to distributor not a commission (court decisions)
  • Malaysia: Recent guidance on capital gains tax
  • Philippines: Proposed legislation regarding VAT on cross-border provision of digital services

Europe

  • Belgium: Mandatory disclosure rules (DAC6) compatible with EU law (CJEU Advocate General opinion)
  • Cyprus: Submission of statements of dividend and interest withholding forms expected soon
  • Czech Republic: No exemption under EU VAT common system when proof not provided that recipient is taxable person (CJEU judgment)
  • EU: European public prosecutor's office estimates serious VAT fraud amounting to €11.5 billion
  • Isle of Man: Guidance on tax treatment of dividends from domestic companies
  • Netherlands: Consultation on draft bill on VAT adjustment on services to immovable property
  • Poland: Bill introducing option for small enterprises to elect cash method
  • Poland: Proposed reduction in VAT rate on beauty treatment services
  • Serbia: VAT refund for 2023 to foreign taxpayers
  • Spain: Digital platform operators must file returns under DAC7 by 8 April 2024
  • Sweden: Further guidance on application of “3:12 rules” in cases of significant outside ownership (Tax Court Board decision)
  • UK: “Spring Budget” 2024

FATCA / IGA / CRS

  • Barbados: Removal from Financial Action Task Force’s grey list
  • Channel Islands: FATCA and CRS deadlines and reporting requirements (Guernsey)
  • France: Updated FATCA reporting technical guidance
  • India: Centralization of FATCA and CRS self-certifications
  • Malta: Updated automatic exchange of information (AEOI) implementing guidelines
  • Saint Kitts and Nevis: Updated AEOI compliance form guidelines

Trade & Customs

  • U.S. guidance on obligations of foreign-based persons to comply with U.S. sanctions and export control laws
  • KPMG report: Shipping and offshore tax update (March 2024)

The items described above are also reported as editions of TaxNewsFlash:

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