HIDDEN PERMANENT ESTABLISHMENT TAX ASSESSMENTS: Practical Considerations

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HIDDEN PERMANENT ESTABLISHMENT TAX ASSESSMENTS: Practical Considerations

Authors: Piergiorgio Valente and Luigi Vinciguerra

Non-resident foreign entities producing corporate income on Italian territory may register as permanent establishments (thus becoming fully subject to taxation in Italy) or may take a series of actions leading to the creation of “hidden” permanent establishments, as they operate within Italian legal entities partially-owned by foreign companies or bodies.
To eliminate this risk, each company should carry out accurate analyses and identify and abide by specific guidelines.

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COMPARABILITY ANALYSIS IN TRANSFER PRICING: Application Methods

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COMPARABILITY ANALYSIS IN TRANSFER PRICING: Application Methods

Authors: Piergiorgio Valente, Antonella della Rovere and Pietro Schipani

The possibility that related companies belonging to the same multinational Group may pursue policies aimed at affecting transfer prices has prompted supranational bodies to draft a series of guidelines concerning the identification of the so-called arm's length value of intercompany transactions, and taking into account the proper mechanisms for comparisons and assessments. The comparability analysis is of fundamental importance in any transfer pricing analysis; it must be performed to assess how the intragroup transactions under review were carried out and to prove, by means of a comparison with similar transactions carried out by independent parties, that the tested party’s prices respected the arm’s length principle.

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CORPORATE TAX RESIDENCE AND TAX AVOIDANCE (3rd Ed.)

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CORPORATE TAX RESIDENCE AND TAX AVOIDANCE (3rd Ed.)

Author: Piergiorgio Valente

This volume provides a detailed analysis of the issues of companies’ tax residence and fictitious foreign residence by offering normative, interpretative, and case-law references and assessing the impact of parent companies’ leadership and coordination activities.
The book starts by dealing with a topic that is key to every tax legislation: identifying the residency of the physical or legal person on whom to exercise the tax authority, and it proceeds to address the issue, on which much Italian legislation has been written in recent years, of companies’ fictitious foreign residence.
The fundamental international law basis discussed is the identification of the seat of effective management of a company. Further, the book extensively covers the principles governing the concept of residency of legal entities within EU law, international law, and the regulation of the most important EU and non-EU countries.
This third edition features a new structure, rearranged to better address the needs of professionals and other specialized workers in the sector. The book was updated thanks to interesting new ideas coming not only from Tax Authorities but also from case-law, which has increasingly dealt with this topic creating uniformity of rulings.
Comments to the most significant sentences on the subject matter are written in a specific chapter whereas their texts are compiled in the appendix. 

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INTERNATIONAL TAX TREATIES (6th Ed.)

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INTERNATIONAL TAX TREATIES (6th Ed.)

Author: Piergiorgio Valente

Bilateral treaties against double taxation represent a topical theme for current and future international tax scenarios.
Within a global competitive arena, the safeguard of income flows by the Tax Authorities assumes a particularly significant role as to the collateral tax planning and international arbitrage opportunities for taxpayers.
In such a context, knowledge of such Treaty instrument acquires strategic importance for economic operators investing abroad.
The International Tax Treaties Volume, at its sixth edition, has been representing for the past fifteen years a point of reference for specialized readers.  

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TRANSFER PRICING MANUAL (2nd Ed.)

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TRANSFER PRICING MANUAL (2nd Ed.)

Author: Piergiorgio Valente

The “Transfer Pricing Manual” (II Edition, pp. 3400) is a helpful tool that provides professionals and scholars with accurate and rigorous answers – from both, a legal-economic perspective as well as a hands-on approach – on complex issues involving intercompany transfer prices.
The Manual examines the Transfer Pricing topic in detail, by focusing on the most significant aspects. In particular, it provides an analytical picture that thoroughly reviews transfer pricing regulations in addition to all other information that might be necessary as a helpful guideline regarding operating issues that might derive from the application thereof. From this perspective, the Volume addresses both those who have to deal with the subject for academic and/or didactic purposes as well as those who are faced with problem-solving issues within a technical-professional context.
This second edition has the special feature to delve into certain specific themes that are treated comprehensively with respect to the first edition.
The text affords an in-depth examination of themes such as Transfer Pricing documentation duties pursuant to Italian legislation, Transfer Pricing regime proposals in developing Countries, EC and international procedures for settling international controversies, procedures relating to the determination of income allocation to PEs, intercompany loans, Transfer Pricing determination methods, intangibles, intercompany services, functional and comparability analyses as well as CCCTB.

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SAN MARINO: Taxation in International Treaties

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SAN MARINO: Taxation in International Treaties

Author: Piergiorgio Valente

Bilateral treaties against double taxation represent a topical theme for current and future international tax scenarios.
Within a global competitive arena, the safeguard of income flows by the Tax Authorities assumes a particularly significant role as to the collateral tax planning and international arbitrage opportunities for taxpayers.
In such a context, knowledge of such Treaty instrument acquires strategic importance for economic operators investing abroad.
The International Tax Treaties Volume, at its sixth edition, has been representing for the past fifteen years a point of reference for specialized readers.

To purchase the book, click here

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