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No UPC in 2021 - try again next year? The drama of the Unified Patent Court and the Unitary Patent project is one of many global dramas gripping our attention lately.   As readers will be aware, about a year ago, the German Federal Constitutional Court declared that Germany’s first...
Is DAC6 a proportional measure? There is a question whether DAC6 might violate the principle of proportionality in Article 5(4) of the TEU. This principle requires that "the content and form of the Union’s action shall not exceed what is necessary to achieve the objectives of the...
Highlights of the new Spanish wealth taxation criteria for non-resident high net-worth individuals The Spanish courts and tax authorities have recently issued several judgments and rulings of potential interest to high net-worth individuals (HNWI) with economic ties to Spain. As opposed to the legislative measures included in the recent tax reform that...
Expanding the legal foundations: UKJT consults on new rules for cryptoasset and smart contract disputes The UK Jurisdiction Taskforce (UKJT) has publicly consulted on draft new Digital Dispute Resolution Rules that can be incorporated into on-chain digital relationships and smart contracts. The draft rules follow on from the UKJT’s 2019 Legal Statement on...
Avoiding double DAC6 reporting: is the hierarchy in Article 8ab(3) of the DAC compatible with the freedom of establishment? The priority given, for the purpose of DAC6 reporting, to the Member State of residence over the Member State in which an intermediary has a permanent establishment could pose a restriction on the freedom of establishment and the need to combat tax...
Penalties for failure to make a DAC6 report and the right to a fair trial Authorities may not impose penalties on individuals for refusing to provide information that may prove their criminal liability or liability for an offence that is punishable with administrative sanctions of a criminal nature, meaning a sanction where its...
The difficulties with deeming - VAT, groups and time of supply Clashes between deeming provisions in a complex tax code inevitably give rise to tricky technical questions and, quite often, litigation.  The recent case of The Prudential Assurance Company Limited presented the First-Tier Tribunal with such a conundrum...
UK Government non-committal on Select Committee’s recommendations regarding AI strategy The UK government has provided its response to the House of Lords Select Committee on Artificial Intelligence’s report ‘AI in the UK: No Room for Complacency’ (the “2020 Report”). The 2020 Report, published 18 December 2020, examined the progress made by...
Cutting the oxygen on cybercrime: Nominet expands law enforcement landing pages Think that you are too smart for the cyberscammers? The Medicines and Healthcare products Regulatory Agency (MHRA) reported that 1 in 10 people in the UK have bought fake medical products online in 2020. The Financial Conduct Authority (FCA) reported an...
Does some Member States' implementation of the legal professional privilege exemption from DAC6 reporting infringe higher-ranking Union standards? The way in which some Member States have implemented DAC6 raises legitimate concerns on its validity and compatibility with higher-ranking European Union standards. There is some reasonable doubt as to whether the legal professional privilege exemption...