Bilateral Investment Treaties And Taxes
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The Effect Of Treaties On Foreign Direct Investment
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Author : Karl P Sauvant
language : en
Publisher: Oxford University Press
Release Date : 2009-03-27
The Effect Of Treaties On Foreign Direct Investment written by Karl P Sauvant and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-27 with Law categories.
Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
The Impact Of Bilateral Investment Treaties On Taxation
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Author : Michael Lang
language : en
Publisher:
Release Date : 2017
The Impact Of Bilateral Investment Treaties On Taxation written by Michael Lang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Bilateral Investment Treaties And Taxes
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Author : Jana Kubicova
language : en
Publisher:
Release Date : 2017
Bilateral Investment Treaties And Taxes written by Jana Kubicova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This article studies bilateral investment treaties (BITs) and their application to taxation. The main focus is on the potential application of BITs in tax-related investor-state dispute resolution. It pays attention to the emerging issues that challenge the applicability of BITs in a tax-related investor-state dispute in the European Union.
Taxation Of Bilateral Investments
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Author : Carlo Garbarino
language : en
Publisher:
Release Date : 2019
Taxation Of Bilateral Investments written by Carlo Garbarino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Corporations categories.
This book provides an overview of counter-BEPS) (base erosion and profit shifting) measures in the OECD Model and Commentary, and aims to provide a practical understanding of how the measures can impact the taxation of bilateral investments protected by tax treaties. It includes practical analysis of tax treaties from the perspective of the country which is the destination of foreign investment. It explores specific aspects of doing business in a destination country which employs the measures set out in the OECD Model and Commentary, and explains how BEPS treaty rules affect a range of corporate tax strategies including PE, use of corporate vehicles and intra-group transactions. It provides information on administrative matters associated with BEPS, focusing on dispute settlement and cooperation in enforcement, focussing on tax treaty issues induced by the BEPS Project. The book has four chapters: (1) doing business through a PE; (2) entitlement to treaties; (3) operating through corporate vehicles; and (4) dispute settlement and enforcement.
The State S Power To Tax In The Investment Arbitration Of Energy Disputes
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Author : Cornel Marian
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-09-28
The State S Power To Tax In The Investment Arbitration Of Energy Disputes written by Cornel Marian and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with Law categories.
The State’s Power to Tax in the Investment Arbitration of Energy Disputes Outer Limits and the Energy Charter Treaty Cornel Marian States today are expected not only to regulate the efficient and safe production and distribution of energy to end-users but also to incentivize increased production of energy and the transition to clean energy. In recent years, states are increasingly relying on taxation measures to address the economic challenges affecting the energy sector. This book provides the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures, as these materialize in investor-state energy disputes. With the analysis of all known and pending cases under the Energy Charter Treaty (ECT), as well as non-ECT cases and bilateral investment treaties which have heavily influenced ECT jurisprudence, the author develops a deeply informed energy tax policy that greatly mitigates the points of tension in the current regime. He closely investigates the following elements of the subject: aligning the ECT Taxation Article with the taxation articles of other investment treaties; tracing current case law to the original arbitration decisions involving tax measures; extrapolating the interplay of taxation provisions with substantive standards of investment protection as reviewed by international arbitral tribunals; evaluating the outer limits of the state’s power to tax under investment treaties and public international law; and addressing how the Yukos arbitration case has changed the framework of taxation issues in investment arbitration. In a clear and concise manner, the author provides the necessary framework to dissect any taxation chapter of an investment treaty and presents tools for the development of long-term tax policy and the adoption of model taxation clauses for sustainable investment protection mechanisms. The book takes a giant step toward meeting the ECT’s mandate to promote long-term cooperation in the energy field with a set of defined objectives focusing on trade, cooperation, energy efficiency, and environmental protection. It will be of immeasurable value to states in developing tax-specific investment incentive schemes as well as to investors in completing a necessary level of due diligence against possible adverse tax measures. Practitioners and academics with a focus on international arbitration will benefit from the book’s systematic approach to the complex taxation provisions of investment protection treaties and more readily recognize the “red flags” attached to national taxation provisions and their impact on investments in the energy sector.
The Effect Of Treaties On Foreign Direct Investment
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Author : Karl P. Sauvant
language : en
Publisher:
Release Date : 2009
The Effect Of Treaties On Foreign Direct Investment written by Karl P. Sauvant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Double taxation categories.
In recent years, the treaties and strategies promoting global investment have changed dramatically. This book is a comprehensive assessment of the performance of these treaties. It presents the most recent literature on BITs and DTTs as well as their impact on foreign investments.
The Relationship Between Taxation And Bilateral Investment Agreements Case Of The Slovak Republic
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Author : Jana Kubicova
language : en
Publisher:
Release Date : 2018
The Relationship Between Taxation And Bilateral Investment Agreements Case Of The Slovak Republic written by Jana Kubicova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
One of the key characteristic features of the recent globalized world is cross-border investments. Due to this fact foreign investors and their investments in host countries need appropriate protection. Alongside with legal issues of protection of investors, another important issue arises too, namely necessity to eliminate double international taxation. Both issues, protection of foreign investors and investments plus elimination of double taxation, are covered by international, mostly bilateral treaties. This paper focuses on interaction between bilateral investment treaties and bilateral tax treaties, searching for potential overlap between them, and whether and how it is restricted. The paper is divided to the three sections, where first section focuses on the principles of treatment that are incorporated in the bilateral investment treaties. Second section puts under scrutiny detail relationship between bilateral investment treaties' clauses and taxation. Third section surveys dispute settlement according bilateral investment treaties established by Slovakia. Detailed study of relation between bilateral investment and bilateral tax treaty shows, that in case of those treaties established by Slovak republic there is no overlap between them.
An Economic Analysis Of Bilateral Investment Treaties
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Author : Jan Peter Sasse
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-02
An Economic Analysis Of Bilateral Investment Treaties written by Jan Peter Sasse and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-02 with Business & Economics categories.
Bilateral Investment Treaties (BITs) are an important instrument for the protection of foreign direct investment (FDI). However, compared to international trade law, international investment law has so far received only little research attention from an economic point of view. By applying a law and economics approach, Jan Peter Sasse provides a systematic analysis of the way BITs function. He explains why BITs are more than just a signal, how they relate to institutional competition as well as to institutional quality and why transparency in international investment arbitration is hard to achieve and may even be detrimental.
Oecd Arbitration In Tax Treaty Law
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Author : Alicja Majdanska
language : en
Publisher: Linde Verlag GmbH
Release Date : 2018-09-14
Oecd Arbitration In Tax Treaty Law written by Alicja Majdanska and has been published by Linde Verlag GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.
Arbitration: the solution to tackle cross-border tax disputes From the increasing integration of the world economy and the lack of rules to govern the taxation of multinational enterprises to cross-border tax disputes: arbitration is one potential solution. Arbitration is not a new development in the international tax arena, but it has not yet been widely implemented in practice. In the last few years, the concept of arbitration in tax matters was revived, mainly following the OECD/G20 BEPS Project, as well as the EU Action Plan on Corporate Taxation. Now arbitration is expected to play a more significant role and enhance the existing framework of cross-border tax dispute resolution. „OECD Arbitration in Tax Treaty Law” constitutes a comprehensive compendium on international tax arbitration and provides in-depth analysis of all relevant aspects of the topic. The introductory chapters provide background information on tax arbitration and comparisons with other areas of law. The book also takes stock of the recent developments in this area within the OECD, the EU, the UN and the United States. It addresses the main concerns that have been raised with regard to arbitration, and compares and contrasts the design of various arbitration clauses. It also considers potential future developments. This compendium on international tax arbitration shows one way how to tackle the rising tide of cross-border tax disputes.
Taxation Of Bilateral Investments
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Author : Carlo Garbarino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Taxation Of Bilateral Investments written by Carlo Garbarino and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Corporations categories.
The OECD’s guidance on combatting tax avoidance strategies associated with Base Erosion and Profit Sharing (BEPS) methods is complex and accompanied by a wealth of literature. This book is the first to provide a concise and accessible overview of counter BEPS measures in the OECD Model and Commentary, allowing readers to gain a practical understanding of how the measures can impact the taxation of bilateral investments protected by tax treaties.