On September 20th, the organization for economic cooperation and development (OECD) presented the first results of its action plan on base erosion and profit shifting at the G20 summit in Australia. The OECD, an intergovernmental organization of 34 member countries, received the order last year to set up an action plan on base erosion and profit shifting, the BEPS project. Whereas in the past, the OECD did its work in the area of avoidance of double taxation, the direction of this project is to avoid double non-taxation.
The draft 2015 Annual Tax Act aims to change the calculation of the maximum amount of foreign creditable tax for direct investments but lacks in implementing the respective amendment for indirect investments via investment funds.
The German Federal Fiscal Court (BFH) decided in its judgement (XI R 13/11) dated 14 May 2014 on the VAT treatment of services performed by a key intermediary within a multi-level sales channel. Following the judgement of the BFH the services performed by the key intermediary would not qualify for a VAT exemption as the key intermediary did not perform an intermediary service.