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KPMG Week in Tax: August 26 – 30, 2024

Recent tax developments from around the globe for the week of August 26 – 30, 2024

August 30, 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: Proposed regulations provide guidance on the program under section 48E(h) to allocate environmental justice clean electricity capacity limitation for calendar years 2025 and succeeding years. The program provides an increase of 10% or 20% to the new clean electricity investment tax credit rate available under section 48E for taxpayers (or tax-exempt or government entities) that apply for and receive an allocation under the program. Read TaxNewsFlash
  • Argentina: The Executive Branch approved regulations under the RIGI (the incentive regime for large investments), which includes changes to increase minimum investment amounts for the oil and gas sector, limit benefits to certain subsectors, and maintain a USD200 million minimum investment for other sectors, along with simplified procedures for qualifying investments. Read TaxNewsFlash
  • Peru: An 18% value added tax (VAT) on cross-border digital services and the import of intangible goods is effective October 1, 2024. The legislative decree covers various digital services, including streaming, information storage, social networks, and remote conferencing, and applies to business-to-customer (B2C) transactions in Peru. Nonresident providers must register for VAT but are not considered to have a permanent establishment for income tax purposes. Financial intermediaries may be required to withhold VAT if nonresident providers fail to comply with registration or payment obligations. Read TaxNewsFlash

United States

  • Proposed regulations: Guidance on environmental justice clean electricity capacity limitation program
  • Notices of filing of petitions for addition of seven ethers to Superfund list
  • Full applications for qualifying advanced energy project tax credit due by October 18
  • Rev. Proc. 2024-34: Expanded waiver of eligibility rules to accounting method changes to address short tax years
  • U.S. Tax Court: Taxpayer entitled to dividends received deduction under section 245A, but not foreign tax credits, on amounts treated as dividends under section 78
  • USTR request for comments on WTO dispute initiated by China over IRA tax credits
  • IRS provides tax relief for taxpayers throughout U.S. Virgin Islands affected by Tropical Storm Ernesto
  • KPMG report: Allocation of payments in context of distressed debt satisfaction
  • KPMG reports: Delaware (notices requesting “verified reports” of unclaimed property); Tennessee (sales and use tax); multistate (property tax relief)

Read TaxNewsFlash-United States

Transfer Pricing

  • Czech Republic: Proposed amendment to legislation introducing top-up tax, implementing EU directive on global minimum tax
  • Germany: Proposed investment tax incentives, Pillar Two changes, intra-group financing transfer pricing guidance, MLI law enacted
  • Moldova: Amendments to corporate income tax, VAT, and transfer pricing rules
  • KPMG report: Survey on application of control of risk and DEMPE frameworks, focus on India and South Korea

Read TaxNewsFlash-Transfer Pricing

Americas

  • Argentina: Regulations under new incentive regime for large investments
  • Colombia: Guidance on sanctions for failure to meet documentary requirements under electronic billing system
  • Costa Rica: Supervision, verification, and monitoring of entities subject to CRS reporting
  • Mexico: Subsidies granted for various local taxes (Nuevo Leon)
  • Nicaragua: Changes to tax exemptions for non-profit organizations
  • Peru: VAT on cross-border provision of digital services

Read TaxNewsFlash-Americas

Asia Pacific

  • Australia: Consultation on draft revenue ruling for business insurance tax (Victoria)
  • Australia: Proposal to introduce tax on short-term accommodations (Victoria)
  • Australia: KPMG comments on consultation on changes to foreign resident capital gains tax
  • Australia: Update on corporate tax transparency reporting for 2022-2023 and onwards
  • Cambodia: Guidance on implementation of GDT e-Administration application
  • Malaysia: Updated guidance on application of service tax to logistics services
  • Oman: New capital market incentives program includes tax benefits
  • UAE: Corporate tax guide on determination of taxable income

Read TaxNewsFlash-Asia Pacific

Europe

  • Czech Republic: Taxpayer sufficiently proved right to deduct VAT on supplies of assembly work (Supreme Administrative Court decision)
  • Germany: Proposed investment tax incentives, Pillar Two changes, intra-group financing transfer pricing guidance, MLI law enacted
  • Ireland: Tax compliance obligations of regulated funds
  • Moldova: Amendments to corporate income tax, VAT, and transfer pricing rules
  • Poland: No new real estate taxes on photovoltaic farms and installations

Read TaxNewsFlash-Europe

FATCA / IGA / CRS

  • Argentina: Amendments to CRS regulations effective August 2024
  • Costa Rica: Supervision, verification, and monitoring of entities subject to CRS reporting
  • Germany: Updated FATCA communication manual
  • Ireland: Tax compliance obligations of regulated funds

Read TaxNewsFlash-FATCA / IGA / CRS

Trade & Customs

  • Canada: New surtaxes on imports from China starting October 2024
  • United States: BIS imposes civil penalty on Pennsylvania manufacturer for violations of antiboycott regulations
  • United States:  Request for comments on WTO dispute initiated by China over IRA tax credits
  • KPMG report: Shipping and offshore tax update (August 2024)

Read TradeNewsFlash-Trade & Customs

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