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The introduction of an augmented and accelerated capital expenditure deduction for the cost of constructing renewable energy infrastructure in South Africa is a boon for companies that have not yet reached their Environmental, Social and Governance goals. It provides the opportunity to undertake reportable ESG initiatives and simultaneously enjoy a reduction in tax costs. Fully leveraging this opportunity will require a comprehensive understanding of the mechanics of amended incentives and the dynamics of ESG reporting.

On 24 February 2023, Malaysia’s Prime Minister and Minister of Finance, Dato’ Seri Anwar Ibrahim unveiled the Malaysian Budget 2023, themed “Building Malaysia Madani.” This is the first budget introduced by the new Unity Government, and at RM388.1 billion, it is the largest expansionary budget in the country’s history. The MADANI budget is a testament to the Government’s commitment to a reform agenda that aims to drive economic recovery, boost tax revenue, promote good governance, and provide care for the people.

Since the decisions of the European Court of Justice in the so-called “Danish cases”, passive income streams are being scrutinized more than ever across Europe. This is not different in Belgium, where we have seen a substantial increase in tax audits focusing on passive income streams where withholding tax is being claimed also in the framework of business-driven structures.

A series of new rules were rolled out on 13 February 2023 which will make the taxation of alcohol, tobacco and energy products fully paperless across the EU. They are part of a wider expansion of the common excise duty provisions in the EU. The aim of this new standardized electronic system is to alleviate some of the rigorous procedures faced by energy suppliers and small producers of alcohol.

In its efforts to continue to promote fair tax competition and address harmful tax practices, the European Council decided on 14 February 2023 to add the British Virgin Islands, Russia, Costa Rica and the Marshall Islands to the EU list of non-cooperative jurisdictions for tax purposes or “blacklist”. Now is the time for multinational enterprises and investment funds with subsidiaries or investors in these jurisdictions to consider the potential tax implications of this development on their structures.

On 30 November 2022, Legislative Decree Number 111 was published in the Official Gazette of the Government of the State of Guanajuato.
The Decree, which came into effect 1 January 2023, added “Ecological Taxes for Environmental Remediation,” to the Finance Law for the State of Guanajuato under Chapter Eight, Title Two and established three ecological taxes

On 2 February 2023, the OECD/G20 Inclusive Framework on BEPS released technical guidance to assist governments in the local implementation of the Global Anti-Base Erosion Model Rules (“GloBE Rules”). This should help governments to correctly apply the GloBE Rules to large Multinational Enterprises from the start of 2024. Moreover, it aims to ensure a coordinated and harmonized implementation of the GloBE Rules. The Administrative Guidance takes the form of a modification to the original version of the Commentary that was issued in March 2022.

On 1 February 2023, the European Commission released its communication on a “Green Deal Industrial Plan for the Net-Zero Age”. This Communication outlines the actions that the Commission intends to take to stimulate investment in the “net-zero industry” within the EU. The Communication is a response to recent increases in state support outside the EU, most notably the United States Inflation Reduction Act.

The Union Customs Code (UCC) harmonizes the customs laws of the European Union. The UCC stipulates that Member States must impose penalties for failing to comply with customs legislation, and that these penalties must be efficient, proportionate, and dissuasive. Member States must notify the Commission of the penalties that they apply to various acts of noncompliance and of any subsequent amendments to those penalties (if applicable).

A declarant may ask for a change to certain of the data elements in a customs declaration in accordance with Article 173 Union Customs Code (UCC), which is applicable to customs declarations that have already been accepted by customs. The Dutch Customs Authorities (DCA), however, apply a very strict application of Article 173 UCC, stating that amendments are only allowed if the amendments are required by customs legislation. This position taken by the DCA deviates from the practice of the tax authorities of other EU Member States, given the fact that Article 173 UCC does not stipulate that the amendments must be required by law.