We are happy to inform you, not only on the latest activities of the ETC, but also on some activities of the EUCOTAX Network and on some international activities of the tax departments of both K.U. Leuven and Tilburg University.

Best regards,

Prof. Luc De Broe, Prof. Peter Essers, Prof. Eric Kemmeren, and Prof. Frans Vanistendael

This newsletter contains the following subjects:  

  PwC Chair
  Lectures spring 2010
  ETC Moot Court Competition
  Frans Vanistendael Lectures 3rd edition / Inaugural Lecture PwC Chair
  EUCOTAX Wintercourse

Tilburg University and Katholieke Universiteit Leuven have appointed Professor Jacques Malherbe to the third Chair of the PricewaterhouseCoopers International and European Tax Fund. Professor Malherbe is the third professor to hold this annually rotating chair.

Jacques Malherbe is a corporate and tax practitioner. The International Chamber of Commerce (ICC) regularly appoints him as an international or private arbitrator.

He is the author of many publications including the Belgian Tax Management Portfolio and leading textbooks on international and European taxation and Belgian corporation tax. He lectures and frequently gives speeches on international topics.

Jacques Malherbe holds a doctorate in law and a degree in Economic Sciences from the Catholic University of Louvain (UCL) and a Master of Laws (LL.M) degree from Harvard University. He is a professor at the ‘Ecole Supérieure des Sciences fiscales’. He is also a visiting professor at the universities of Hamburg, Bologna and Vienna and vice-president of the Scientific Committee of the IFA (International Fiscal Association). He has been a member of the Council of the Bar of Brussels and the Legal Committee of the Fonds voor Wetenschappelijk Onderzoek - Vlaanderen (Flemish foundation for scientific research), President of the department of Economic and Employment law at the UCL, vice-president of the Conseil provincial du Brabant and President of the Harvard Club of Belgium.

Mergers and acquisitions
These lectures will be delivered from 18 January until 26 January 2010. The course consists of the following topics: (1) the basic structural rules for the taxation of various forms of mergers and acquisitions in France, Germany, The Netherlands, the United Kingdom and the USA; (2) an in-depth study of the rules of European law on various forms of mergers and acquisitions; (3) an inventory of specific problems of cross-border mergers and acquisitions; (4) case studies of different forms of mergers and acquisitions.

Financial instruments and hybrids
These lectures will be delivered from 15 February until 26 February. After a short introduction on what financial instruments actually are, the course will focus on the tax rules concerning financial instruments. All three sorts of financial instruments (equity or debt-based, risk management and employee benefit) are addressed. Among others, the following themes receive special attention: (1) the differences between equity and loans for cooperate and personal income tax and the financial instruments in the twilight zone in between (e.g. warrant loans); (2) the fiscal treatment of financial risk-management instruments such as options, swaps, forwards and futures; (3) the fiscal treatment of employer and employee if stock options are granted; (4) the treatment under VAT rules of financial instruments.

Capita Selecta in European and International Taxation
The course Capita Selecta will be delivered between 2 March and 4 March and deals with specific topics of European and international taxation. The course will be lectured by Professor Jacques Malherbe who holds the annually rotating PwC Chair.

Transfer pricing
The course consists of in-depth study of: (1) the various methods of transfer pricing calculation and the application of the OECD guidelines; (2) the possibilities of advance transfer pricing rules; (3) the possibilities for negotiating with the tax administration on the requirements of documentation; (4) the procedural implications of a transfer pricing conflict; (5) the actual and potential use of the European arbitration convention in solving transfer pricing problems. The course will be delivered between 15 March and 19 March.


If you are interested to update your knowledge, it is still possible to apply for one of these courses or a part of them. For any additional information, please contact Mrs. Yvonne van Hapert at Y.P.A.vanHapert@uvt.nl.

This year the final rounds of the ETC Moot Court Competition will take place in Leuven, Belgium from February 28, 2010 to March 6, 2010. The Finals are scheduled on Saturday March 6. Part of the ETC Moot Court Competition programme is the 3rd edition of the “Frans Vanistendael Lectures”, which are held on Friday March 5.

On Friday March 5 the third Prof. em. Frans Vanistendael Lectures will be held. The lectures will center around the attribution of profits to permanent establishments. In the first part of the lectures the OECD’s Report on “The Attribution of Profits to PEs” and the implementation of the Report’s conclusions in the OECD Model (both the 2008 update to the existing Art. 7 and the development of a new Art. 7 for inclusion in the 2010 update of the OECD Model) will be discussed. In the second part of the lectures the focus will be on the Belgian accounting and tax issues arising with respect to profit attribution to PEs. Speakers on this day are Prof. Dr. Luc De Broe, Prof. em. Frans Vanistendael, Mrs. Mary Bennett, Dr. Philip Baker, Mr. André Claes and Mr. Henk Vanhulle. The day will be closed by the inaugural lecture of Prof. em. Jacques Malherbe as holder of the 2009-2010 PwC Chair.

The seminar takes place from 10:30h until 17:30h (registration as from 10:00h) in the Promotiezaal, Hallen, Naamsestraat 22, B ‐ 3000 Leuven. Registration via Ingrid.matthys@law.kuleuven.be. Registration Fee amount to EUR 190 per participant, (including lunch & VAT).

For more information please contact:
Institute of Tax Law
Mrs. Ingrid Matthys
Tiensestraat 41,
B ‐ 3000 Leuven
Tel. + 32.(0)16.32 52 06
Ingrid.matthys@law.kuleuven.be

The selection for the EUCOTAX Wintercourse 2009/2010 has been closed. The participating Universities have selected their finest students in order to study “Tax Challenges to the Expanding European Union” in Uppsala during this spring.

This year the main theme is "The principle of equality in taxation (constitutional law, European law, WTO and tax treaties) ". As every year the main theme is divided into 6 subparts for the different students to explore and write their theses on. The main objective of the wintercourse is to explore different aspects of one major theme. Not only different subparts are important, but the added value of this project is the cooperation between the different universities in different countries. Students from each university will research on the same subparts, just from their national point of view.

During the seminar, which will be held in Uppsala from 8 to 17 April 2010, the students and researchers will discuss these differences. Why do these differences exist and what problems may arise because of those differences are just two aspects that will be dealt with. The various discussion groups will try to come up with solutions for the various problems arisen by those differences.