We remind that it should be delivered, electronically, to the Portuguese Tax Authorities, until 31 May 2018, the declaration Form 54 relative to fiscal year 2017 (for taxable persons with a taxable period equal to the civil year), in order to identify the entity within the group obliged to submit the Country-by-Country Report (BEPS Action 13).
The Bill for the 2018 General State Budget Law includes a measure which will eliminate the “regionalization” of the Tax on Hydrocarbons (IH), resulting in an increase in the rate of taxation at central government level.
The General Council of the Spanish Judiciary (CGPJ) publishes its Report on the Preliminary Trade Secrets Bill: the new legislation continues to make progress with the publication of this report, which introduces certain recommendations, particularly in the definition of “trade secrets”.
On March 21, 2018 the European Commission announced the submission of two legislative proposals to the European Council and the Parliament, with a view to ensuring the fair taxation of digital business activities in the EU.
On March 16, 2018, the OECD published an interim report addressing the tax challenges of the digital economy. This report, which, for the moment, highlights the absence of true international agreement on the matter, lays the groundwork for moving towards a consensus-based solution by 2020. In the meantime, the report cites the drawbacks of taking more immediate action (taxes on certain digital activities) and argues that any such measures should only be applied to a limited number of businesses.
In its judgment of February 27, 2018, the Supreme Court analyzed whether the tax authorities could deny the application of a reduced rate or exemption in tax on oil and gas products where what is being challenged is not the use of the products but the breach of the formal requirements established by the Law and Regulations to be able to take those incentives.
Judgment of the European Court of Justice (ECJ) in the case C-518/15 was published, in which ECJ had to define once again if stand-by time regime, where an employee has to be available to the employer, should be considered “working time” or “rest period”.