Deutsches Tax Treaty Overriding
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Deutsches Tax Treaty Overriding
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Author : Ronald Gebhardt
language : de
Publisher: Springer-Verlag
Release Date : 2012-12-13
Deutsches Tax Treaty Overriding written by Ronald Gebhardt and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-13 with Business & Economics categories.
Grenzüberschreitend tätige Wirtschaftssubjekte sehen sich in vielerlei Fällen einer Doppelbesteuerung ausgesetzt. Zur Vermeidung dieses wettbewerbsverzerrenden Zustandes existieren bilaterale Verträge in Form von Doppelbesteuerungsabkommen (DBA). Als Gegenstück existiert in Deutschland seit mehr als 20 Jahren das Instrumentarium des so genannten Treaty Overriding, welches den Rechtszustand der einseitigen Abweichung von einem DBA beschreibt. Ronald Gebhardt beleuchtet das überaus facettenreiche Phänomen aus völker-, verfassungs- und unionsrechtlicher Perspektive, beleuchtet erstmals auch die ökonomischen Implikationen und bietet eine vollumfängliche Gesamtsystematisierung.
Germany S Unilateral Subject To Tax Clause
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Author : Ruediger Urbahns
language : en
Publisher: GRIN Verlag
Release Date : 2009-02
Germany S Unilateral Subject To Tax Clause written by Ruediger Urbahns and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02 with Law categories.
Scientific Essay from the year 2009 in the subject Law - Tax / Fiscal Law, language: English, abstract: Translation and interpretation of the Ministry of Finance letter regarding the application of Germany's unilateral subject-to-tax-clause ('unilaterale Rückfallklausel') for the taxation of flight crews resident in Germany working for British and Irish Airlines (German/ English version)
Re German Treaty Override 2 Bvl 1 12
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Author :
language : en
Publisher:
Release Date : 2019
Re German Treaty Override 2 Bvl 1 12 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Judgment by the German Federal Constitutional Court, decision date 15 December 2015. The taxpayer had earned income in both Germany and Turkey. He sought to have the income from Turkey declared tax-free in Germany in accordance with the Germany-Turkey double taxation convention. The German revenue authorities assessed him for tax on the income earned in Turkey on the ground that s 50d(8) of the German Income Tax Act required that in order to benefit from the terms of the double taxation convention, the taxpayer had to show that Turkey had either waived taxation of the income or that tax on that income had actually been paid. The taxpayer had not done so. He appealed to the Finance Court arguing amongst other matters that the requirements of s 50d(8) were unconstitutional as they conflicted with the Germany-Turkey double taxation convention and also constituted unequal treatment. The Finance Court referred that question to the Federal Constitutional Court. The leading decision of the Federal Constitutional Court reached the conclusion that double taxation conventions and domestic tax law were on the same level from the point of view of legal status. It was possible, therefore, for a later domestic law to override the provisions of a tax treaty. The Federal Constitutional Court found section 50d(8) of the Income Tax Law to be constitutional.
Tax Treaty Case Law Around The Globe 2017
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Author : Michael Lang
language : en
Publisher: Linde Verlag GmbH
Release Date : 2018-02-20
Tax Treaty Case Law Around The Globe 2017 written by Michael Lang 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 2018-02-20 with Law categories.
This book is a unique publication that gives a global overview of international tax disputes on double tax conventions and thereby fills a gap in the area of tax treaty case law. It covers the forty-one most important tax treaty cases which were decided in 2016 around the world.
The Taxation Of Permanent Establishments
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Author : Sven Hentschel
language : en
Publisher: Springer Nature
Release Date : 2021-06-26
The Taxation Of Permanent Establishments written by Sven Hentschel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-26 with Law categories.
This book provides a comprehensive analysis of the rules governing the taxation of permanent establishments as implemented in the OECD Model Tax Convention and German national tax law. Deviations between the OECD approach and the German approach are identified and modifications to the rules as a result of the Base Erosion and Profit Shifting (BEPS) project are examined. Moreover, challenges imposed to the PE concept as a result of the digitalisation of the economy are identified and discussed. Against this background, the Pillar One Blueprint proposing a long-term solution to overcome the tax challenges arising from the digitalisation of the economy is presented and assessed against widely accepted overarching principles of tax policy.
Double Non Taxation And Eu Law
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Author : Christoph Marchgraber
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Double Non Taxation And Eu Law written by Christoph Marchgraber 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 2016-04-24 with Law categories.
Everywhere,new tax rules are under development to engage with the ever-increasing complexity and sophistication of aggressive tax planning and to reverse the tax base erosion it leads to. The most prominent initiative in this context is the Base Erosion and Profit Shifting (BEPS) project of the OECD. Although double non-taxation is among the main issues the BEPS project intends to address, this book shows that this phenomenon has not yet been fully understood. Focusing on the fundamental freedoms and the State aid rules of the EU, this book thoroughly explains the nature of double non-taxation from an EU law perspective, its relation to double taxation, and the impact of EU law on these phenomena. Among the issues dealt with in the course of the analysis are the following: – locating the gaps and inconsistencies among domestic tax systems exploited by taxpayers; – hybrid mismatch arrangements as a prime example of double non-taxation; – political efforts undertaken within the EU in order to address double taxation and double non-taxation; – double non-taxation in the European VAT system; – the convergence of the fundamental freedoms and the State aid rules; – the ECJ’s dilemma with regard to juridical double taxation; – the deviating approach with regard to economic double taxation; – the potential impact of the ECJ’s case law on the EU law compatibility of double non-taxation. The tax jurisprudence of the ECJ is referred to and comprehensively analysed throughout this whole book. A final chapter provides an outlook on possible developments in the future. By providing the first in-depth analysis of EU law’s impact on double non-taxation – and the double taxation relief standards with which it is intimately related – this book takes a giant step towards greater legal certainty in this challenging area of tax law. It will quickly take its place as a major practical analysis which benefits tax authorities, scholars, and tax practitioners across Europe and even beyond.
Treaty Overriding
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Author : Martin Schäfer
language : de
Publisher: Mohr Siebeck
Release Date : 2020-02-03
Treaty Overriding written by Martin Schäfer and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-03 with Law categories.
Der vorsätzliche Bruch völkerrechtlicher Verträge durch den Gesetzgeber wirft eine Vielzahl verfassungsrechtlicher Fragen auf. Martin Schäfer untersucht, inwieweit unter anderem die vielzitierte Völkerrechtsfreundlichkeit des Grundgesetzes und das Gewaltenteilungsprinzip dieser Praxis entgegenstehen.
Research Handbook On International Taxation
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Author : Yariv Brauner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Research Handbook On International Taxation written by Yariv Brauner 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 2020-12-25 with Law categories.
Capturing the core challenges faced by the international tax regime, this timely Research Handbook assesses the impacts of these challenges on a range of stakeholders, evaluating various paths to reform at a time when international tax policy is a topic high on politicians’ agendas.
The International Tax Law Concept Of Dividend
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Author : Marjaana Helminen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-05-02
The International Tax Law Concept Of Dividend written by Marjaana Helminen 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 2017-05-02 with Law categories.
The distribution of profits between corporations resident in different jurisdictions gives rise to both significant tax planning opportunities and tax risks. As cross-border transactions between corporations grow in number and complexity, the question of how a profit distribution is classified for corporate income tax purposes becomes increasingly important, particularly in the context of issues such as double taxation, non-taxation and tax neutrality. The OECD BEPS project has only increased the relevance. This unique work discusses the international tax law rules determining which transactions may be classified and taxed as dividends and how possible classification conflicts may be resolved. The author examines the tax classification of various inter-corporate transactions, including: – Payments made under dividend-stripping arrangements. – Fictitious profit distributions. – Economic benefits in the context of transfer pricing. – Returns on debt-equity hybrids. – Interest payments in thin capitalization situations and distributions following liquidation. The analysis of each transaction refers to international tax law. Most weight is given to tax treaties and EU tax law, including the BEPS development. The approaches adopted in different states’ national tax law are covered by a more general analysis. The comprehensive coverage and the practical nature of The International Tax Law Concept of Dividend make it an essential acquisition for tax practitioners, researchers and tax libraries worldwide.
Tax Planning With Holding Companies Repatriation Of Us Profits From Europe
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Author : Rolf Eicke
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Tax Planning With Holding Companies Repatriation Of Us Profits From Europe written by Rolf Eicke 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 2009-01-01 with Law categories.
The book deals with tax planning with holding companies located in Europe, Asia of the Caribbean. It analyses the problem of repatriating U.S. profits from Europe, going far beyond the routing of income via different companies. Instead, the approach includes an analysis of the interdependencies between international tax competition, holding company regimes, and tax planning concepts in order to establish a basis for tax planning measures regardless of the fast changing legal environment for holding companies in the different countries.