11 April 2024 The   Arcomet Group case   concerns whether transfer pricing (TP) adjustments should be subject to VAT. The Belgian Tax Authorities increased the taxable profits of Arcomet through TP adjustments and argued that these adjustments also constituted payments for services, thereby triggering VAT. The dispute was brought before the Court of Justice of the European Union (CJEU), which ruled that   TP adjustments are not automatically subject to VAT . The Court held that VAT only...

June 20, 2024 The Moore v. United States addressed whether Congress may tax certain corporate earnings attributed to shareholders even when those earnings have not been distributed as cash. The dispute centered on the Mandatory Repatriation Tax introduced by the Tax Cuts and Jobs Act, which required U.S. shareholders of certain foreign corporations to pay tax on accumulated profits held offshore. The taxpayers, Charles and Kathleen Moore, held shares in an Indian company that had reinvested...

5 November 2024 The Court of Appeal of England and Wales examined a dispute between Refinitiv group companies and HM Revenue & Customs concerning the application of diverted profits tax to intra-group service arrangements. HMRC issued significant tax assessments, arguing that profits allocated outside the UK did not reflect the arm’s-length principle. Refinitiv contended that its transfer pricing approach was consistent with an earlier Advance Pricing Agreement agreed with HMRC, which applied...