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Week in Tax: December 2 – 6, 2024

Recent tax developments from around the globe for the week of December 2 – 6, 2024

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December 6, 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 concerning the energy credit under section 48 refine the eligibility criteria for energy property investments and address the increased credit amounts linked to prevailing wage and apprenticeship requirements. The final rules reflect modifications based on extensive public feedback and include provisions for credit recapture in specific transfer scenarios. Read TaxNewsFlash
  • United States: The deadline for submitting comments on the proposed regulations for the corporate alternative minimum tax (CAMT) has been extended from December 12, 2024, to January 16, 2025. Read TaxNewsFlash
  • Australia: Parliament passed legislation requiring multinational groups to publicly disclose country-by-country (CbC) tax information for reporting periods beginning on or after July 1, 2024, pending Royal Assent (read TaxNewsFlash). Legislation implementing a global and domestic minimum tax was also passed by Parliament and awaits Royal Assent. Read TaxNewsFlash
  • Germany: Transfer pricing documentation—previously required within 60 days of a tax audit notification or upon request by the tax authority—will be required within 30 days, effective January 1, 2025. Additionally, a new "transaction matrix" is now mandatory as the core component of this documentation. Read TaxNewsFlash

United States

  • Final regulations: Definition of energy property and rules applicable to energy credit under section 48
  • Proposed regulations: Unmarked vehicles used by emergency responders treated as qualified nonpersonal use vehicles under sections 274 and 280F
  • Notice 2024-82: Required amendments list (2024) for qualified retirement plans and 403(b) plans
  • Comment period extended for proposed regulations on corporate alternative minimum tax (CAMT)
  • Trump to nominate Scott Bessent as Treasury Secretary, Billy Long as IRS Commissioner
  • IRS practice unit: Examining a reseller’s 263A computation

Read TaxNewsFlash-United States

  • Senate passes disaster tax relief bill

Read TaxNewsFlash-Legislative Updates

Transfer Pricing

  • Australia: Guidance on international transactions that attract scrutiny
  • Australia: Parliament passes legislation implementing public country-by-country reporting
  • Australia: Parliament passes Pillar Two minimum tax bills
  • Germany: Changes to transfer pricing documentation requirements effective January 1, 2025
  • India: Transfer pricing rules applicable to transactions between foreign company and its Indian branch (Tribunal decision)
  • Lithuania: New country-by-country reporting notification requirements
  • Moldova: Guidance on various transfer pricing, VAT, and income tax issues
  • Netherlands: Guidance on how Pillar One Amount B will affect domestic taxpayers
  • OECD: Updated International Compliance Assurance Programme (ICAP) FAQs (December 2024)
  • Spain: Legislation implementing Pillar Two global minimum tax passed by lower house of Parliament
  • KPMG article: Managing Italian transfer pricing audits
  • KPMG report: Update on future of BEPS guidance from OECD

Read TaxNewsFlash-Transfer Pricing

Americas

  • Dominican Republic: Required registration of person responsible for company’s tax obligations
  • El Salvador: Guide on tax havens; tax incentives for skyscraper development

Read TaxNewsFlash-Americas

Asia Pacific

  • Australia: Application for stay of royalty withholding tax proceedings denied (Federal Court decision)
  • Australia: Guidance on international transactions that attract scrutiny
  • Australia: Guidance on thin capitalization rules, franked distributions, insurance premiums paid to nonresident insurers
  • Australia: Parliament advances tax legislation for small businesses, build-to-rent developments, and production incentives
  • Australia: Parliament passes legislation implementing public country-by-country reporting
  • Australia: Parliament passes Pillar Two minimum tax bills
  • Australia: Parliamentary committee recommends implementing digital services tax
  • Australia: Treasury releases draft legislation for tax treaty with Portugal incorporating BEPS provisions
  • Australia: Update on recent tax legislative developments
  • India: Transfer pricing rules applicable to transactions between foreign company and its Indian branch (Tribunal decision)
  • Indonesia: Guidance on deductibility of uncollectible accounts
  • Japan: Overview of tax system (2024)
  • Malaysia: Amendments to indirect tax laws relating to Pulau 1
  • Maldives: Tightened enforcement procedures; new reporting rules for special economic zones
  • Saudi Arabia: E-invoicing requirement extended to 18th group of taxpayers from August 31, 2025
  • Singapore: Alternative net tonnage basis of taxation for shipping companies
  • UAE: Grace period to update tax records; requests for review of tax assessment or administrative penalties
  • UAE: Guide on corporate tax treatment of real estate investments for natural persons

Read TaxNewsFlash-Asia Pacific

Europe

  • Belgium: Changes to VAT compliance, refund processes, and procedural rules beginning January 1, 2025
  • Belgium: Proposed changes to various automatic exchange of information rules (DAC6 and DAC7)
  • EU: VAT Committee proposes clarification on sourcing rules for resales of single-purpose vouchers
  • EU: VAT Committee proposes clarification on treatment of sales of “skins” on secondary market
  • Germany: Changes to transfer pricing documentation requirements effective January 1, 2025
  • Germany: VAT-related changes in Annual Tax Act 2024; other VAT developments
  • Greece: Extended deadline for implementation of electronic delivery notes and digital tracking of goods shipment
  • Lithuania: Guidance on VAT law
  • Lithuania: New country-by-country reporting notification requirements
  • Luxembourg: Remuneration received by board of directors member is not subject to VAT (court decision)
  • Malta: Bill implementing some measures in 2025 budget
  • Moldova: Guidance on various transfer pricing, VAT, and income tax issues
  • Netherlands: Draft bill implementing directive on tax transparency rules for cryptoasset service providers (DAC8)
  • Netherlands: Guidance on how Pillar One Amount B will affect domestic taxpayers
  • Poland: Depreciation deductions on assets acquired by inheritance; reimbursed taxi expenses; electric vehicle recharging services (court decisions)
  • Poland: Extension of reduced VAT rate on goods for agricultural production
  • Poland: Minister of Finance issues ruling on tax exemptions for interest and royalties
  • Poland: Real estate tax and VAT amendments
  • Serbia: Amendments to e-invoicing law enacted
  • Serbia: Amendments to individual income tax law effective January 1, 2025
  • Serbia: Corporate income tax law amendments passed by Parliament
  • Serbia: VAT amendments enacted
  • Spain: Law introducing new tax incentive for foreign individuals investing in certain securities (Madrid)
  • Spain: Legislation implementing Pillar Two global minimum tax passed by lower house of Parliament
  • Spain: Second package of relief for taxpayers affected by flooding
  • Sweden: Winter car testing activities do not create PE, tax authority’s appeal of lower court decision denied (Supreme Administrative Court decision)
  • UK: Stamp duty land tax relief unavailable for tax avoidance transaction (Upper Tribunal decision)

Read TaxNewsFlash-Europe

FATCA / IGA / CRS

  • Canada: Updated FATCA and CRS onboarding forms
  • Channel Islands: Guidance on further extension of temporary relief for U.S. TIN codes (Guernsey)
  • Germany: Guidance on further extension of temporary relief for U.S. TIN codes
  • Netherlands: Draft bill implementing directive on tax transparency rules for cryptoasset service providers (DAC8)
  • Singapore: CRS TIN guide issued
  • South Africa: Updated AEOI guidance

Read TaxNewsFlash-FATCA / IGA / CRS

Trade & Customs

  • Potential implications of tariffs on China, Mexico, and Canada as announced by President-elect Trump
  • U.S. CBP issues finding on forced labor in certain aluminum imports from Dominican Republic
  • German company agrees to pay $14.5 million for one violation of U.S. OFAC sanctions on Iran
  • U.S. BIS imposes new rules to restrict China's semiconductor production for military use
  • U.S. BIS assessment on use of mature-node semiconductor chips

Read TradeNewsFlash-Trade & Customs

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