Summary: 1. India: 4 cases in 6 minutes i. Simatech - "Resident" of UAE under the UAE / India treaty, although UAE did not levy tax on it ii. WNS - Application of gforce of attractionh rule in Article 7(1) of India / U.S. treaty iii. Gartner - Subscription fees for access to online database: "royalties"? iv. Pubmatic - PE status under India / U.S. treaty For information: - K.R. Sekar (Bangalore): krsekar@deloitte.com 2. China i. Mutual Assistance Convention - China signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters ii. VAT guidelines for exported services - SAT issued Bulletin 47: implementation guidelines for zero-rated VAT for certain exported services For information: - Vicky Wang (Shanghai): vicwang@deloitte.com.cn 3. IFA Congress • Comments by OECD official on aspects of BEPS - "More important functions" (Article 9) vs. "significant people functions" (Article 7) - Country-by-country reporting - "Special measures" 4. Intangibles: Example 13 (Shuyona) • Example 13 (Shuyona) in 30 July intangibles discussion draft shows change in OECD thinking: Company T is entitled to a "risk-adjusted" rate of anticipated return on its capital invested 5. Japan: frequency of tax audits for large companies • Reduced frequency of tax audits for certain large companies For information: - Jun Takahara (Tokyo): jun.takahara@tohmatsu.co.jp 6. In brief i. Sri Lanka / Belarus treaty signed ii. Taiwan: reward for information on tax evaders iii. New Zealand: GAAR Interpretation Statement issued iv. Australia: draft public ruling on Article 8 of Australiafs treaties v. India: Dr. Shome appointed chairman of the new Tax Reform Administration Commission vi. Vietnam: corporate income tax rate reductions
