This event is hosted in cooperation with:
The WU-Baker McKenzie conference “Tax in the European Union: What happened and what’s next?” will take place on Thursday, 4 November. This Conference is jointly hosted by the Institute for Austrian and International Tax Law at WU (Vienna University of Economics and Business) and Baker McKenzie and will welcome guest speakers from the European Commission.
The purpose of the conference is to give the business community and other interested parties an update on the hottest topics within the EU tax world and on what you need to know to stay on top. Insights will be shared from the European Commission, the academic world and practices.
We will discuss the latest developments in European corporate taxation, taking into account the EU’s own plans around digital taxes, environmental taxes and others. We will shed light on new buzzwords like DEBRA, BEFIT, etc., and how the EU’s tax policy interacts with global developments. Critical developments around beneficial ownership and tax abuse will be addressed. The current transfer pricing environment within the EU will also be discussed. Finally, our experts will discuss the interaction between recent developments in domestic legislation and commonly applicable rules across many countries and the case law by the European Court of Justice.
This unique event will consist of 4 virtual sessions taking place throughout the day. The full session overview is listed below. Please register for any session you are interested in attending. If you have a question relating to a specific topic, please include it when completing your registration. The event is charge free.
*Each session may qualify you for Professional Development Accreditation. Please check with the relevant professional body in your jurisdiction.
Please sign up for each session you are interested in individually via the REGISTER buttons below. The duration of each session is 60-75 minutes.
Once registered, you will receive your Zoom log-in details via email, we recommend to save those to your outlook diary. Should you encounter any issues during your registration or log-in process, please contact Jana Hanysova for assistance.
EU Tax Policy – Be prepared for what’s coming our way
8:30 – 10:30 am GMT | 9:30 – 10:30 am CET
In the past years, the EU has been proven to be very effective in introducing EU-wide legislation in the context of direct taxation, mostly in the form of Directives. Where before most of the EU Directives in the field of direct taxation were aiming to protect the taxpayers against double taxation within the internal market, the more recent EU Directives clearly aim to protect the “tax base” in Europe. The EU is also known to take Global tax policy initiatives forward and convert these into “hard law” at EU level. On 18 May 2021, the European Commission published the Communication on Business Taxation for the 21st Century which sets out a tax agenda for the next two years, with targeted measures in the field of taxation. This session will provide an overview of these proposals and how they fit into the larger global tax policy developments.
Who’s the beneficial owner or did he commit abuse?
10:00 – 11:15 am GMT | 11:00 – 12:15 pm CET
The concept of beneficial ownership made it to the forefront of European taxation after the Danish cases of February 2019. Tax authorities throughout Europe have since then stepped up their game in analyzing passive income streams from a beneficial owner and anti-abuse perspective, with case law arising in different countries. Also, new legislative initiatives in this area may come our way, such as ATAD 3.
The experts from the EU Commission, WU and Baker McKenzie will shed their light on the fundamentals of beneficial ownership and anti-abuse with respect to dividend, interest and royalty streams, the do’s and don’ts in practice and what can provide sufficient comfort. They will also be forward-looking on what is expected to come and what international groups should take into account for their corporate structuring.
Transfer pricing in the EU: How to be at arm’s length in the common market?
2:30 – 3:30 GMT | 3:30 – 4:30 pm CET
The interpretation and practical implementation of Transfer pricing rules are under constant development in the EU. Transfer pricing audit activities are significantly increasing and, as a result, court cases are flourishing in many Member States. Further, the Competition arm of the European Commission has launched investigations in the interaction between transfer pricing and fiscal state aids, in an effort to pave the path for new approaches. Additionally, countries are developing numerous initiatives in order to increase transparency, prevention of disputes, as well as resolution of disputes, by means of more effective procedures and mechanisms.
WU / Baker McKenzie
Possible conflicts between trends in domestic legislation and ECJ case law
4:00 – 5:00 pm GMT | 5:00 – 6:00 pm CET
With a focus on recent developments in domestic legislation and commonly applicable rules across many countries, the panelists will discuss the interaction between domestic laws and the case law of the European Court of Justice (“ECJ”).
Particularly, the panelists will focus on the EU law aspects of i) domestic rules and/or administrative guidance with the purpose or effect to deter cross-border reorganizations and tax migration of corporate entities, ii) common examples of domestic rules applying a presumption of abuse and iii) the impact of ECJ case law on domestic VAT grouping rules.