France Revised approach to determining permanent establishment; income tax and VAT consequences 19 December 2020
Spain Fixed Establishments – VAT implications of manufacturing and distribution agreement 16 December 2020
France Council of State considers that human resources “which can take the decision to conclude contracts” create a Fixed Establishment 15 December 2020
European UnionUnited Kingdom ECJ C-452/03 (RAL (Channel Islands) Ltd) – Judgment – Place of supply of the exploitation of gaming machines 05 December 2020
European UnionRomania ECJ C-323/12 (E. ON Global Commodities SE) – Judgment: A tax representative did not constitute a Fixed Establishment 05 December 2020
BulgariaEuropean Union Flashback on ECJ Cases ECJ C-419/14 (WebMindLicenses Kft) – When are Services supplied from a Fixed Establishment 05 December 2020
Denmark Denmark Tax Agency Explains PE, VAT Place of Delivery Rules for Employee Home Office 02 December 2020
European Union Flashback on ECJ cases C-231/94 (Faaborg-Gelting-Linien A/S): Restaurant transactions on board ship – Place of taxable transactions. 29 November 2020
European UnionGermany Flashback on ECJ cases C-168/84 (Berkholz): First ECJ case on Fixed Establishments 29 November 2020
European UnionItaly ECJ C-210/04 (FCE Bank) – Judgment – A fixed establishment is not a legal entity distinct from the business itself 16 November 2020
Poland Provincial Administrative Court in Gliwice: A Swiss company operating to logistic center in Poland leads to a Fixed Establishment in Poland 10 November 2020
Poland Provincial Administrative Court in Gliwice: A German e-commerce selling goods through a Polish warehouse does not lead to a Fixed Establishment in Poland 10 November 2020
Poland Provincial Administrative Court in Gliwice: Toll manufacturing activities in Poland do not lead to Fixed Establishment 10 November 2020
European UnionGermany Flashback on ECJ cases – C-73/06 (Planzer Luxembourg Sarl) – Refund of VAT to taxable persons not established inside the country, concept of ”Fixed Establishment” 30 October 2020
European Union Flashback on ECJ cases – C-260/95 (DFDS) – Intermediary of a tour operator acting as Fixed Establishment 29 October 2020
European Union Flashback on ECJ cases – C-390/96 (Lease Plan Luxembourg SA) – Impact of Car Leasing services on determination of Fixed Establishments 28 October 2020
European Union Flashback on ECJ cases – C-190/95 (ARO Lease) – Place where the supplier has established its business/Fixed establishments 27 October 2020
European Union Flashback on ECJ cases – ECJ C-318/11 (Daimler AG), C-319/11 (Widex A/S) – No refusal of Eighth Directive refund to businesses without local turnover (Fixed Establishment) 26 October 2020
Peru Tax authorities address merger of nonresident entities with one entity having a PE in Peru 15 October 2020
European Union Management versus Permanent Establishment exposure – Watch out for managers working outside their country …. 13 October 2020
European Union CJEU confirms that a subsidiary can be regarded as a fixed establishment 08 October 2020
European UnionRomania ECJ C-333/20 (Berlin Chemie A. Menarini SRL) – Question – Fixed establishment via affiliate? 05 October 2020
Finland Several short-term successive contracting projects lead to a Fixed Establishment 05 October 2020
Denmark Danish Tax Board rules Danish data center does not create a permanent establishment for nonresident company 03 October 2020
Germany The concept of a fixed establishment in VAT law BFH, ruling of 29 April 2020 – XI R 3/18 01 October 2020