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Week in Tax: November 18 – 22, 2024

Recent tax developments from around the globe for the week of November 18 – 22, 2024

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November 22, 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: Final regulations allow certain unincorporated organizations, owned fully or partially by "applicable entities," to opt out of partnership tax rules. This change is part of the implementation of the Inflation Reduction Act, which permits applicable entities to treat certain tax credits as payments against their tax liabilities. The final regulations expand the eligibility for organizations to elect out of partnership rules, allowing them to own and operate property for clean energy tax credits through noncorporate entities like LLCs. Additionally, proposed regulations outline further administrative requirements for these elections, including the need to submit specific information and conditions under which elections can be terminated or revoked. Read TaxNewsFlash
  • Poland: Legislation was enacted to implement a global minimum tax rate of 15% for large multinational and domestic groups, effective January 1, 2025. This aligns with the global anti-base erosion (GloBE) rules under Pillar Two, targeting groups with annual revenues of €750 million or more. The legislation introduces three top-up taxes—domestic, global, and on undertaxed profits—so that low-taxed entities meet the minimum tax threshold. Exemptions and safe harbors are provided, allowing certain groups to delay the application of these rules for up to five years. Read TaxNewsFlash
  • UK: Finance Bill 2024-2025 includes tax measures that would grant Treasury authority to implement the OECD's cryptoassets reporting framework (CARF) in the UK, modify research and development (R&D) tax reliefs for loss-making R&D intensive SMEs, and increase stamp duty land tax (SDLT) rates for residential properties. Additionally, the bill amends the UK's existing Pillar Two rules to align with global tax standards. Read TaxNewsFlash
  • Singapore: Parliament has passed two significant bills to implement the multinational enterprise top-up tax (MTT) and the domestic top-up tax (DTT), ensuring a minimum effective tax rate of 15% for MNE groups. These measures, effective January 1, 2025, align with the OECD/G20's Pillar Two rules. Additionally, the Inland Revenue Authority of Singapore (IRAS) updated the list of jurisdictions participating in the exchange of country-by-country (CbC) reports, effective January 1, 2024. Read TaxNewsFlash

United States

  • Final and proposed regulations: Access to clean energy tax credits for co-owned projects through elective pay (“direct pay”)
  • Notice 2024-84: Extension of transitional process for applicable entities to claim statutory exceptions to phaseouts for clean energy credits if domestic content requirements not met
  • Announcement 2024-38: Updates on second remedial amendment cycle for section 403(b) pre-approved plans
  • Rev. Rul. 2024-25: Interest rates, tax underpayments and overpayments decrease for first quarter 2025
  • U.S. Tax Court: IRS does not have statutory authority to assess penalties for willful failure to file Form 5471
  • U.S. Treasury to allocate $10 billion in New Markets Tax Credit (NMTC) authority for 2024 and 2025
  • FBAR filings: Extended deadline is April 15, 2026, for individuals with signature authority
  • IRS practice unit: Land developers and subcontractors—proper method of accounting
  • IRS provides tax relief to taxpayers in the Crow Tribe of Montana affected by severe storms and straight-line winds

Read TaxNewsFlash-United States

Transfer Pricing

  • Barbados: Filing extension for country-by-country notifications; other tax developments
  • EU: Updated public country-by-country reporting forms published
  • Hungary: Amended autumn tax package submitted to Parliament
  • OECD: Mutual agreement procedure (MAP) and advance pricing agreement (APA) statistics for 2023
  • Poland: Legislation implementing global minimum tax effective January 1, 2025
  • Singapore: Bills to implement global minimum tax; list of jurisdictions for exchange of CbC reports; applying for certificates of residence
  • South Africa: Updated legislation implementing Pillar Two global minimum tax rules submitted to Parliament
  • UK: Amendments to Pillar Two rules in Finance Bill 2024-2025
  • KPMG article: United States-Chile treaty builds tax certainty for MNEs with MAPs and APAs

Read TaxNewsFlash-Transfer Pricing

Africa

  • Egypt: New VAT rules on exported services
  • South Africa: Updated legislation implementing Pillar Two global minimum tax rules submitted to Parliament

Read TaxNewsFlash-Africa

Americas

  • Barbados: Filing extension for country-by-country notifications; other tax developments
  • Brazil: Consultation on draft guidance implementing cryptoasset reporting
  • Canada: Proposed temporary GST/HST exemption on consumer goods
  • Canada: Tax provisions in 2024 fall economic update (Quebec)
  • Chile: Tax treatment of transfer of invoices to U.S. resident company; other direct and indirect tax developments
  • Colombia: Tax authority issues guidance on application significant economic presence rule
  • Costa Rica: New technical provisions for e-invoices
  • Dominican Republic: Proposed legislation to repeal exemptions from tax on issuance of checks and electronic transfers
  • Dominican Republic: Tax authority clarifies rules on e-invoicing system
  • Mexico: Economic package includes tax incentive modifications
  • Trinidad and Tobago: Tax amnesty proposal in Finance Bill 2024

Read TaxNewsFlash-Americas

Asia Pacific

  • Australia: Bill addressing duty and land tax treatment of corporate collective investment vehicles passes Parliament (New South Wales)
  • Australia: Consultation on cryptoasset reporting framework (CARF) and CRS amendments
  • Hong Kong: Treatment of foreign-sourced in-kind dividends under foreign-sourced income exemption regime
  • Hong Kong: Upfront payment, but not necessarily ongoing royalties, under trademark sub-licensing arrangement held Hong Kong-sourced (Court of Appeal decision)
  • India: Compliance campaign for disclosure of foreign assets and income
  • India: Treaty exemption available to foreign airline company in respect of code sharing arrangement (Tribunal decision)
  • Kazakhstan: Proposal to expand list of goods eligible for zero VAT rate in special economic zones
  • Malaysia: Framework for voluntary disclosure program
  • Singapore: Bills to implement global minimum tax; list of jurisdictions for exchange of CbC reports; applying for certificates of residence

Read TaxNewsFlash-Asia Pacific

Europe

  • Estonia: Proposed 2% corporate income tax rate for resident companies and permanent establishments
  • Greece: Ministry of Finance proposes various direct tax amendments
  • Hungary: Amended autumn tax package submitted to Parliament
  • Italy: Beneficial ownership of dividend income based on parent-subsidiary directive (Supreme Court decision)
  • Lithuania: Proposed tax changes concerning double taxation, DAC8, submission of tax information, and solidarity contribution
  • Moldova: Residents of IT parks cannot deduct donations
  • Netherlands: Lower house passes 2025 Tax Plan with amendments
  • Poland: Legislation implementing global minimum tax effective January 1, 2025
  • Slovenia: Proposed amendments to income tax law
  • UK: Exit tax must conform with EU freedom of establishment principle (Upper Tribunal decision)
  • UK: Tax measures in Finance Bill 2024-2025
  • UK: VAT registration guidance following removal of exemption for private school and boarding fees

Read TaxNewsFlash-Europe

FATCA / IGA / CRS

  • Australia: Consultation on cryptoasset reporting framework (CARF) and CRS amendments
  • Brazil: Consultation on draft guidance implementing cryptoasset reporting
  • Germany: Draft law introduced to implement DAC8 regulations and amend CRS
  • Hong Kong: Updated encryption tool on AEOI portal
  • Ireland: Updated FATCA and AEOI guidance

Read TaxNewsFlash-FATCA / IGA / CRS

Trade & Customs

  • Proposed legislation would revoke China’s permanent normal trade relations (PNTR) status
  • U.S. DHS adds 29 China-based companies to UFLPA Entity List due to forced labor
  • U.S. Treasury sanctions Russian banks and expands measures against Russian financial entities
  • Malaysia: Framework for voluntary disclosure program

Read TradeNewsFlash-Trade & Customs

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