The Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties
DOWNLOAD
Download The Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties
DOWNLOAD
Author : Mees Vergouwen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-07-14
The Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties written by Mees Vergouwen 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 2023-07-14 with Law categories.
In recognition of the considerable attention in recent years given to the effect of EU directives on tax treaties, this important book for the first time brings a combined public international law and European Union law perspective to bear on certain directives – primarily the Parent-Subsidiary Directive, the Merger Directive, the Interest and Royalty Directive, and the Anti-Tax Avoidance Directives – and their interaction with tax treaties concluded by EU Member States. In this area of direct international taxation, the author examines the effect of tax treaties on both the interpretation and application of directives in depth. In clarifying how directives can affect or are allowed to affect, tax treaties, the book provides detailed analyses of such aspects as the following: status of directives under public international law, including relevant provisions of the Vienna Convention on the Law of Treaties and the OECD Model Tax Treaty; whether national law aimed at implementing a directive may be able to override a tax treaty or may be overridden by such a tax treaty; whether the lex posterior and lex specialis conflict rules under public international law are applicable to conflicts between directives and tax treaties; the role of directives under the interpretative provision of the Vienna Convention on the Law of Treaties, the OECD Model Tax Treaty and the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting; legal basis and application of the duty of consistent interpretation to tax treaties; and scope of the primacy of directives with respect to tax treaties. The book offers insightful and well-informed recommendations aimed at aligning the ‘allowed’ effect under public international law and the ‘required’ effect under the laws of the European Union of the directives on tax treaties, with a view to ensuring that directives affect tax treaties in such a way that tax treaties cannot prevent achievement of the result of a directive. The analysis is based primarily on legal doctrines, literature, and case law of the CJEU, ICJ, and arbitral tribunals. As a highly informative and closely reasoned guide that offers clear perspectives on resolving any conflict that may arise between a directive and a tax treaty, this book will be of inestimable value for tax practitioners and advisers, judges, policymakers, tax authorities, and academics whose work involves tax treaties concluded by EU Member States.
Tax Treaty Dispute Resolution
DOWNLOAD
Author : Rachna Matabudul
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-11-07
Tax Treaty Dispute Resolution written by Rachna Matabudul 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 2023-11-07 with Law categories.
Stakeholders in the international taxation community agree that existing dispute resolution processes are in serious need of improvement, and a global consensus must be achieved. This book offers a potential restructuring of the tax treaty dispute resolution system based on a comparative analysis of the dispute resolution mechanisms under tax treaties, as prescribed in the OECD and UN models, on the one hand, and the UN Law of the Sea Convention (LOSC) on the other. This comparative study is the first of its kind and is premised on certain key geopolitical similarities that underpin the international tax regime (ITR) and the law of the sea regime while taking into consideration the differences in the institutional context of both regimes. The author proposes a new tax treaty dispute resolution system based on the LOSC system for resolving multilateral tax disputes, focusing on the following: mapping of the institutional arrangements that make up the dispute resolution mechanisms to understand how each system works; comparative analysis of the patterns of interaction and outcomes generated across the two dispute resolution systems to identify relevant aspects of the LOSC system that may be adapted in the ITR to improve tax treaty dispute resolution; and analysis of the inclusivity levels across the decision-making structures under each system to identify specific consensus-building techniques that may facilitate the implementation of the new proposed tax treaty dispute resolution system and also enhance international cooperation across the ITR. The proposed restructuring of the tax treaty dispute resolution system expands the existing mutual agreement procedure and forms a comprehensive legal framework that aims to achieve a more effective, predictable and equitable resolution of multilateral tax disputes in the 21st-century ITR by striking a balance between countries’ right to tax sovereignty and the rule of law. Just as the design of the dispute resolution system under the LOSC paved the way for universal consensus of the Convention among almost 160 countries, the author’s new tax treaty dispute resolution system also offers a solid foundation for consensus-building towards a universal treaty in the ITR. Everyone concerned with international tax dispute resolution – whether policymaker, in-house counsel, national tax authority official, judge, tax lawyer or academic – will find the truly valuable analysis here, not elsewhere.
Double Non Taxation And The Use Of Hybrid Entities
DOWNLOAD
Author : Leopoldo Parada
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-12-11
Double Non Taxation And The Use Of Hybrid Entities written by Leopoldo Parada 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 2023-12-11 with Law categories.
The topics of double non-taxation and hybrid entities have acquired particular importance in a context where transformations in the tax world have led to international commitments materialised in the OECD Base Erosion and Profit Shifting (BEPS) project. In what is the first systematic in-depth analysis of the OECD BEPS Action Plan 2 and hybrid entities, this timely book provides a critical review of the approach adopted by the OECD and proposes a deeply informed alternative method to deal with the problem of hybrid entity mismatches. The author analyses the interaction between the double non-taxation outcome and the use of hybrid entities in an approach not strictly linked to any specific tax jurisdiction. To this end, the analysis includes case studies and examples from a range of jurisdictions emphasising the international tax context, also including the application of tax treaties. Among the seminal matters covered in this edition are the following: foundations of the concepts of double non-taxation and hybrid entities; extensive analysis based on the rules of characterisation of foreign entities for tax purposes in the United States, Spain, Denmark, and Germany, as well as on the Poland/United States and Canada/United States tax treaties; in-depth analysis of the implications of Article 1(2) OECD Model Tax Convention and Article 3(1) Multilateral Instrument (MLI), especially considering the position of developing (source) countries; detailed analysis of the OECD BEPS Action 2 and its recommendations (linking rules), including its implementation in the EU Anti-Tax Avoidance Directive (ATAD); and elaborated alternative method to deal with hybrid entity mismatches (reactive coordination rule), which is informed by the tax policy aims of simplicity, coherence, and administrability. Detailed comparisons between the author’s proposal and other existing rules elucidate common points and deviations. If merely for its unparalleled clarification of the issues, this book will prove of immeasurable value to practitioners, tax authorities, policymakers and academics concerned with international tax law. Beyond that, as an authoritative guide that promises to reorient the discussion to what really matters in the debate regarding hybrid entity mismatches, this analysis elaborates solutions applicable to a generality of cases worldwide and, therefore, hugely promotes the urgent quest for alternative views.
Residence And Economic Substance Of Subsidiary Corporations In International And European Tax Law
DOWNLOAD
Author : Savvas Kostikidis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-10-10
Residence And Economic Substance Of Subsidiary Corporations In International And European Tax Law written by Savvas Kostikidis 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 2024-10-10 with Law categories.
Series on International Taxation Residence and Economic Substance of Subsidiary Corporations in International and European Tax Law It is well known that multinational corporations establish foreign subsidiaries in great measure to reduce their worldwide tax burden. This groundbreaking book examines the content of the substance requirement in double tax convention residence rules, transfer pricing rules, anti-abuse rules, and controlled foreign corporation rules in the context of international and EU tax law, disentangling the complex relationship between the substance requirements in these four sets of legal rules. Following a descriptive-analytic method, for each substance requirement of the four sets of legal rules, the discussion deals with the content of economic substance in complex scenarios, for example: holding companies; special purpose vehicles; loss-making subsidiaries; subsidiaries with management in more than one state; subsidiaries managed by the parent company; outsourcing; and subsidiaries ‘borrowing’ the substance of other group companies. The author introduces a new method of assessment of substance requirements, offering practical solutions for their uniform application in international and European tax law. In its thorough examination of how substance requirements work and how they are interrelated among different sets of tax rules, this book has no peers. It will be welcomed by taxation practitioners and corporate counsel in Europe and worldwide.
Customary International Law And Tax Jurisdiction
DOWNLOAD
Author : Céline Braumann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-02-14
Customary International Law And Tax Jurisdiction written by Céline Braumann 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 2025-02-14 with Law categories.
Customary International Law and Tax Jurisdiction Céline Braumann Little attention has been paid to the pervasive effects of customary international law in contemporary issues of international taxation. Customary international law influences states’ bargaining power in treaty negotiations, serves as a gap-filler for issues not regulated by treaties, and informs the interpretation of tax treaties by judges and administrative agencies. This study represents the most comprehensive and robust empirical analysis of customary international tax law to date. It adds the – formerly absent – voice of a public international lawyer to the conversation. Using a novel and carefully theorized methodology for the identification of customary international law concerning international tax law, the author approaches the subject through an assessment of three crucial jurisdictional issues: the nexus principle, which specifies how a state must be connected to a subject or object to exercise tax jurisdiction; the norms that govern the cross-border taxation of corporate business profits; and the nexus of ownership and control and, by extension, the role of the corporate veil in contemporary international tax law. A central contribution of this book is its new data set that compares the relevant practice of 80 states, providing a much larger and more geographically representative sample than any previous study. The book also includes an in-depth discussion on how customary limits to tax jurisdiction relate to current reform proposals spearheaded by the OECD/G20 Inclusive Framework and by the UN General Assembly, as well as unilateral measures such as digital services taxes. It thereby furnishes new insights to the debate on their conformity with or divergence from the normative status quo of international tax law. At its core, this book seeks to foster intra-disciplinary dialogue between international tax lawyers and public international lawyers by offering an accessible analysis of a complex interaction; a feature that will benefit academics, practitioners and policymakers in both fields.
The Taxation Of Fees For Technical Services On The Basis Of Article 12a Un Model Convention
DOWNLOAD
Author : David Orzechowski-Zölzer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-05-21
The Taxation Of Fees For Technical Services On The Basis Of Article 12a Un Model Convention written by David Orzechowski-Zölzer 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 2024-05-21 with Law categories.
Although rules on the allocation of taxing rights for fees for technical services have been provided for in bilateral tax treaties by African, Asian, and South American countries for decades, it was only in the 2017 update that the UN Model Tax Treaty included Article 12A on the matter, thus suggesting its inclusion in the tax treaty network of its Member States. Consequently, from a cross-border perspective, the interpretation of Article 12A is of great importance for both taxpayers and tax authorities. This book presents the first comprehensive analysis of the scope of technical services in comparison to ordinary (non-technical) services and the differentiation between Article 12A and other allocation rules of the UN Model. The book’s analysis focuses on the interpretation of the concept of technical services by examining the historical evolution of Article 12 of the OECD and UN Models and the systematic context in which it is embedded. Aspects of this analysis examined include the following: the base-erosion principle as justification for establishing source taxing rights without the physical presence of the service provider in the state in which fees for technical services arise; whether the term ‘technical’ is sufficiently defined in the Commentaries to the UN Model or whether it shall be ascribed a different meaning to increase legal certainty for tax authorities and taxpayers; relevance of the OECD Model and its Commentaries as the basis for the UN Model and its Commentaries; rules of precedence concerning the application of Article 12A in relation to the other allocation rules of the UN Model; the connection between royalties and fees for technical services; application of Article 12A UN Model to challenges arising from the digitalized economy; and the allocation of taxing rights for fees for technical services rendered in a third state. Tax treaties of selected African countries are examined, as these countries were the earliest adopters of the concept of fees for technical services into their tax treaty network. The book also provides an overview of literature and jurisprudence on country practices in Brazil, India, and other countries, as well as relevant documents of international organizations. This book provides practitioners, government officials, and academics with a deep understanding of the interpretation and application of Article 12A UN Model. It will prove of great value in preparing for tax treaty negotiations and also in informing and advising enterprises that intend to conduct business in developing countries through the provision of specialized services.
Taxation Of Derivatives And Cryptoassets
DOWNLOAD
Author : Oktavia Weidmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-06-10
Taxation Of Derivatives And Cryptoassets written by Oktavia Weidmann 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 2024-06-10 with Law categories.
Derivatives stand at the forefront of financial innovation, continually evolving to accommodate new asset classes and risk categories. In the past decade, the growing popularity of cryptoassets and ESG investments has sparked the development of a variety of innovative investment strategies and risk management tools, including crypto and ESG derivatives and related structured products. This new edition has similarly evolved. Using illustrative examples, it provides a comprehensive analysis of the key tax issues associated with derivatives and cryptoassets in domestic and cross-border transactions and presents approaches that tax legislators could adopt to solve them. The new edition also comments on recent trends in global tax policy, such as the OECD Base Erosion and Profit Shifting (BEPS) 1.0 and 2.0 projects. Throughout the book, specific references are made to UK, German, and Swiss tax law. The updated edition addresses the following topics: economic and financial properties of derivatives and cryptoassets; definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others; accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP; current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets; characterisation of derivatives gains and losses as income or capital, and equity or debt; accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets; accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products; withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and anti-avoidance legislation applying to derivatives and cryptoassets, including the domestic law implementation of BEPS Action 2, the EU Anti-Tax Avoidance Directives (ATAD I and II), the tax transparency rules for cryptoassets (DAC8) and Pillar Two. This comprehensive book analyses recent developments in three intertwined areas of expertise: financial products, accounting and tax law. It will be a valuable resource to tax professionals in their daily practice of advising companies, banks and investment funds. It will also be of interest to government officials and researchers engaged in the taxation of derivatives, cryptoassets, and ESG investment products.
Fiscal State Aid Schemes
DOWNLOAD
Author : Sophia Piotrowski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-01-22
Fiscal State Aid Schemes written by Sophia Piotrowski 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 2025-01-22 with Law categories.
Fiscal State Aid Schemes Selectivity and Limits to Enforcement Sophia Piotrowski Taxation is a core area of a State’s sovereignty and therefore highly sensitive to State aid control. This thoroughgoing study fully explains the architecture of EU State aid law as applied to fiscal aid schemes and elucidates the legal consequences of infringements in the context of State aid. Focusing on the criterion of selective advantage under Article 107(1) TFEU and on the limits to recovery in the enforcement of State aid law, the author explores the current state of play after nearly 25 years of an ever more significant role of fiscal State aid law, emphasizing its ongoing uncertainties and potential modifications. The analysis relies on a case law approach that reveals the ways in which the objectives of State aid control are limited both by Member States’ fiscal sovereignty and by taxpayer rights. Issues and topics include the following: the role of the general principles of EU law as case-by-case limits to State aid enforcement; how the application of the selectivity test depends on the design of the tax measure in question; particularities of different types of taxes under State aid law; the role of the principle of protection of legitimate expectation in State aid law; and the structural problem that taxpayers are not in a position to notify aid to the Commission. The author confronts the allegedly overly broad reading of material State aid law and the supposedly unjust consequences of infringements of State aid law, offering deeply informed recommendations and an outlook for future developments. This comprehensive and well-structured exposition provides an in-depth understanding of the status quo of EU State aid law as applied to Member States’ tax measures. With extensive detail on the highly controversial legal consequence of recovery, it places the debate on fiscal State aid law in a broad context, exploring a wide range of taxes and tax measures and identifying an analytical framework underlying the case law of the CJEU. Professionals concerned with taxation in Europe – whether legal practitioners, jurists, policymakers, or academics – will have everything they need to understand the current dynamics.
Interactions Between Eu Law And International Law
DOWNLOAD
Author : Tamás Molnár
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-10-03
Interactions Between Eu Law And International Law written by Tamás Molnár 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 2024-10-03 with Law categories.
Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely contribution to this important field of study.
Beneficial Ownership In International Taxation
DOWNLOAD
Author : Kuźniacki, Błażej
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-08-12
Beneficial Ownership In International Taxation written by Kuźniacki, Błażej 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 2022-08-12 with Law categories.
This authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Błażej Kuźniacki presents a route towards an international autonomous meaning of beneficial ownership, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity.