Search Results

Fiscal State Aid Schemes - Selectivity And Limits To Enforcement

by Sophia Piotrowski

~~137,80€~~ 124,02€ 10% OFF

 Fiscal State Aid SchemesSelectivity and Limits to EnforcementSophia PiotrowskiTaxation 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:<ul><li> the role of the general principles of EU law as case-by-case limits to State aid enforcement;</li><li> how the application of the selectivity test depends on the design of the tax measure in question;</li><li> particularities of different types of taxes under State aid law;</li><li> the role of the principle of protection of legitimate expectation in State aid law; and</li><li> the structural problem that taxpayers are not in a position to notify aid to the Commission.</li></ul>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.
Fiscal State Aid Schemes - Selectivity And Limits To Enforcement

by Sophia Piotrowski

~~137,80€~~ 124,02€ 10% OFF

 Fiscal State Aid SchemesSelectivity and Limits to EnforcementSophia PiotrowskiTaxation 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:<ul><li> the role of the general principles of EU law as case-by-case limits to State aid enforcement;</li><li> how the application of the selectivity test depends on the design of the tax measure in question;</li><li> particularities of different types of taxes under State aid law;</li><li> the role of the principle of protection of legitimate expectation in State aid law; and</li><li> the structural problem that taxpayers are not in a position to notify aid to the Commission.</li></ul>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.
ENGLISH

Taxation Of Fees For Technical Services On The Basis Of Article 12a Un Model Convention

by David Orzechowski-Zolzer

~~121,90€~~ 109,71€ 10% OFF

 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:<ul><li>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;</li><li>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;</li><li>relevance of the OECD Model and its Commentaries as the basis for the UN Model and its Commentaries;</li><li>rules of precedence concerning the application of Article 12A in relation to the other allocation rules of the UN Model;</li><li>the connection between royalties and fees for technical services;</li><li>application of Article 12A UN Model to challenges arising from the digitalized economy; and</li><li>the allocation of taxing rights for fees for technical services rendered in a third state.</li></ul>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.
ENGLISH

Taxation Of Fees For Technical Services On The Basis Of Article 12a Un Model Convention

by David Orzechowski-Zolzer

~~121,90€~~ 109,71€ 10% OFF

 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:<ul><li>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;</li><li>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;</li><li>relevance of the OECD Model and its Commentaries as the basis for the UN Model and its Commentaries;</li><li>rules of precedence concerning the application of Article 12A in relation to the other allocation rules of the UN Model;</li><li>the connection between royalties and fees for technical services;</li><li>application of Article 12A UN Model to challenges arising from the digitalized economy; and</li><li>the allocation of taxing rights for fees for technical services rendered in a third state.</li></ul>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.
ENGLISH

Customary International Law And Tax Jurisdiction

by Celine Braumann

~~127,20€~~ 114,48€ 10% OFF

 Customary International Law and Tax JurisdictionCéline BraumannLittle 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: <ul><li> the nexus principle, which specifies how a state must be connected to a subject or object to exercise tax jurisdiction;</li><li> the norms that govern the cross-border taxation of corporate business profits; and</li><li> the nexus of ownership and control and, by extension, the role of the corporate veil in contemporary international tax law.</li></ul>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.
ENGLISH

Customary International Law And Tax Jurisdiction

by Celine Braumann

~~127,20€~~ 114,48€ 10% OFF

 Customary International Law and Tax JurisdictionCéline BraumannLittle 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: <ul><li> the nexus principle, which specifies how a state must be connected to a subject or object to exercise tax jurisdiction;</li><li> the norms that govern the cross-border taxation of corporate business profits; and</li><li> the nexus of ownership and control and, by extension, the role of the corporate veil in contemporary international tax law.</li></ul>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.
ENGLISH

Residence And Economic Substance Of Subsidiary Corporations In International And European Tax Law

by Savvas Kostikidis

~~160,33€~~ 144,30€ 10% OFF

 Series on International TaxationResidence and Economic Substance of Subsidiary Corporations in International and European Tax LawIt 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:<ul><li>holding companies;</li><li>special purpose vehicles;</li><li>loss-making subsidiaries;</li><li>subsidiaries with management in more than one state;</li><li>subsidiaries managed by the parent company;</li><li>outsourcing; and</li><li>subsidiaries ‘borrowing’ the substance of other group companies.</li></ul>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.
ENGLISH

Residence And Economic Substance Of Subsidiary Corporations In International And European Tax Law

by Savvas Kostikidis

~~160,33€~~ 144,30€ 10% OFF

 Series on International TaxationResidence and Economic Substance of Subsidiary Corporations in International and European Tax LawIt 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:<ul><li>holding companies;</li><li>special purpose vehicles;</li><li>loss-making subsidiaries;</li><li>subsidiaries with management in more than one state;</li><li>subsidiaries managed by the parent company;</li><li>outsourcing; and</li><li>subsidiaries ‘borrowing’ the substance of other group companies.</li></ul>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.
ENGLISH

Resolution Of International Tax Disputes - From The Established Mechanisms Towards An Institutionalised International Instrument

by David Rull

~~99,38€~~ 89,44€ 10% OFF

 The number of international tax disputes is constantly increasing. This is a logical consequence of the pressure that is exerted on the global tax system by a rise in the number of internationally active and mobile taxpayers and tax competition between states on the one hand. On the other hand, the implementation of measures to tackle base erosion and profit shifting (BEPS) by multinational enterprises already gives rise to further disputes and another increase of disputes might arise from the latest reforms of the international tax system, namely the Two-Pillar-Solution to address the tax challenges arising from the digitalisation of the economy. Against this background, the time is right for an institutionalised international tax dispute resolution mechanism that takes into account the interests of taxpayers, states, and the public and allows for a swift and binding resolution of international tax disputes ¬- exactly what this timely and thoroughgoing book offers.A comprehensive overview of existing international tax dispute resolution mechanisms - and an analysis of their procedural rules, advantages, and disadvantages - leads to a deeply informed proposal on how they can be further developed in a way that ensures greater fairness and equity for all stakeholders. Among the lines of conflict that characterise international tax disputes, the author sheds clear light on how improvements in the design of dispute resolution mechanisms may be found. This includes these questions:<ul><li>How should a dispute resolution mechanism be structured?</li><li>Should there be a mandatory resolution if the states cannot agree?</li><li>In which way should taxpayers participate in the procedure?</li><li>Should agreements and decisions be published?</li><li>Should there be an institution to administer the procedure?</li></ul>The book concludes with a draft convention that would implement the author’s suggestions.Tax lawyers and other tax professionals worldwide, as well as national tax authorities, will benefit greatly from this book. They will deepen their understanding of the variety of existing tax dispute resolution mechanisms and discover ways to strengthen them. Academics will find ample room to reflect on the key design elements of such mechanisms and how to improve them.
ENGLISH

Resolution Of International Tax Disputes - From The Established Mechanisms Towards An Institutionalised International Instrument

by David Rull

~~99,38€~~ 89,44€ 10% OFF

 The number of international tax disputes is constantly increasing. This is a logical consequence of the pressure that is exerted on the global tax system by a rise in the number of internationally active and mobile taxpayers and tax competition between states on the one hand. On the other hand, the implementation of measures to tackle base erosion and profit shifting (BEPS) by multinational enterprises already gives rise to further disputes and another increase of disputes might arise from the latest reforms of the international tax system, namely the Two-Pillar-Solution to address the tax challenges arising from the digitalisation of the economy. Against this background, the time is right for an institutionalised international tax dispute resolution mechanism that takes into account the interests of taxpayers, states, and the public and allows for a swift and binding resolution of international tax disputes ¬- exactly what this timely and thoroughgoing book offers.A comprehensive overview of existing international tax dispute resolution mechanisms - and an analysis of their procedural rules, advantages, and disadvantages - leads to a deeply informed proposal on how they can be further developed in a way that ensures greater fairness and equity for all stakeholders. Among the lines of conflict that characterise international tax disputes, the author sheds clear light on how improvements in the design of dispute resolution mechanisms may be found. This includes these questions:<ul><li>How should a dispute resolution mechanism be structured?</li><li>Should there be a mandatory resolution if the states cannot agree?</li><li>In which way should taxpayers participate in the procedure?</li><li>Should agreements and decisions be published?</li><li>Should there be an institution to administer the procedure?</li></ul>The book concludes with a draft convention that would implement the author’s suggestions.Tax lawyers and other tax professionals worldwide, as well as national tax authorities, will benefit greatly from this book. They will deepen their understanding of the variety of existing tax dispute resolution mechanisms and discover ways to strengthen them. Academics will find ample room to reflect on the key design elements of such mechanisms and how to improve them.
ENGLISH

Taxation Of Derivatives And Cryptoassets

by Oktavia Weidmann

~~189,48€~~ 170,53€ 10% OFF

 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:<ul><li>economic and financial properties of derivatives and cryptoassets;</li><li>definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others;</li><li>accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP;</li><li>current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets;</li><li>characterisation of derivatives gains and losses as income or capital, and equity or debt;</li><li>accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets;</li><li>accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products;</li><li>withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and</li><li>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.</li></ul>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.
ENGLISH

Taxation Of Derivatives And Cryptoassets

by Oktavia Weidmann

~~189,48€~~ 170,53€ 10% OFF

 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:<ul><li>economic and financial properties of derivatives and cryptoassets;</li><li>definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others;</li><li>accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP;</li><li>current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets;</li><li>characterisation of derivatives gains and losses as income or capital, and equity or debt;</li><li>accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets;</li><li>accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products;</li><li>withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and</li><li>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.</li></ul>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.
ENGLISH

Double Non-Taxation And The Use Of Hybrid Entities

by Leopoldo Parada

~~190,80€~~ 171,72€ 10% OFF

 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:<ul><li>foundations of the concepts of double non-taxation and hybrid entities;</li><li>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;</li><li>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;</li><li>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</li><li>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.</li></ul>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.
ENGLISH

Double Non-Taxation And The Use Of Hybrid Entities

by Leopoldo Parada

~~190,80€~~ 171,72€ 10% OFF

 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:<ul><li>foundations of the concepts of double non-taxation and hybrid entities;</li><li>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;</li><li>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;</li><li>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</li><li>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.</li></ul>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.
ENGLISH

Tax Treaty Dispute Resolution - Lessons From The Law Of The Sea

by Rachna Matabudul

107,33€ + 10% CARD

 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: <ul><li><p style="margin-top:0cm; margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt; text-indent:-18.0pt; mso-line-height-alt:5.0pt; mso-list:l0 level1 lfo1; tab-stops:list 18.0pt; text-align: left;" class="MsoBodyText">mapping of the institutional arrangements that make up the dispute resolution mechanisms to understand how each system works;</li><li><p style="margin-top:0cm; margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt; text-indent:-18.0pt; mso-line-height-alt:5.0pt; mso-list:l0 level1 lfo1; tab-stops:list 18.0pt; text-align: left;" class="MsoBodyText">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</li><li><p style="margin-top:0cm; margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt; text-indent:-18.0pt; mso-line-height-alt:5.0pt; mso-list:l0 level1 lfo1; tab-stops:list 18.0pt; text-align: left;" class="MsoBodyText">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.</li></ul> 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 dispu...
ENGLISH

Tax Treaty Dispute Resolution - Lessons From The Law Of The Sea

by Rachna Matabudul

107,33€ + 10% CARD

 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: <ul><li><p style="margin-top:0cm; margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt; text-indent:-18.0pt; mso-line-height-alt:5.0pt; mso-list:l0 level1 lfo1; tab-stops:list 18.0pt; text-align: left;" class="MsoBodyText">mapping of the institutional arrangements that make up the dispute resolution mechanisms to understand how each system works;</li><li><p style="margin-top:0cm; margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt; text-indent:-18.0pt; mso-line-height-alt:5.0pt; mso-list:l0 level1 lfo1; tab-stops:list 18.0pt; text-align: left;" class="MsoBodyText">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</li><li><p style="margin-top:0cm; margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt; text-indent:-18.0pt; mso-line-height-alt:5.0pt; mso-list:l0 level1 lfo1; tab-stops:list 18.0pt; text-align: left;" class="MsoBodyText">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.</li></ul> 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 dispu...
ENGLISH

Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties

by Mees Vergouwen

139,13€ + 10% CARD

 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:<ul><li>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;</li><li>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;</li><li>whether the lex posterior and lex specialis conflict rules under public international law are applicable to conflicts between directives and tax treaties;</li><li>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;</li><li>legal basis and application of the duty of consistent interpretation to tax treaties; and</li><li>scope of the primacy of directives with respect to tax treaties.</li></ul>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.
ENGLISH

Effect Of Directives Within The Area Of Direct Taxation On The Interpretation And Application Of Tax Treaties

by Mees Vergouwen

139,13€ + 10% CARD

 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:<ul><li>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;</li><li>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;</li><li>whether the lex posterior and lex specialis conflict rules under public international law are applicable to conflicts between directives and tax treaties;</li><li>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;</li><li>legal basis and application of the duty of consistent interpretation to tax treaties; and</li><li>scope of the primacy of directives with respect to tax treaties.</li></ul>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.
ENGLISH

Role Of Tax Law In Mergers And Acquisitions - A Chinese Perspective

by Chunyang Zhang

127,20€ + 10% CARD

 Series on International Taxation, Volume 82The economic value of China’s mergers and acquisitions (M&A) market is exceeded only by that of the United States. However, China’s rapid and somewhat chaotic economic transformation has made the task of taxing M&A transactions in a consistent and prudent manner difficult, leading to a patchwork of fragmented rules that are hard to grasp not only for taxpayers but even for tax professionals and tax officials. Responding to this complex situation, this groundbreaking book explores in detail how income derived from M&A transactions is taxed in China. Using empirical studies in order to provide a first-hand understanding of the context in which the tax law operates, the book critically examines China’s income tax regime for M&A and, based upon this examination, sets out reform proposals.In six informative chapters of great practical relevance, the author thoroughly describes and explains the intersection of such aspects as the following:<ul><li>M&A transactions in the eyes of tax law;</li><li>disparities between ordinary and special tax treatment;</li><li>eligibility for special tax treatment;</li><li>applying taxation principles such as neutrality and equity;</li><li>continuity of interest doctrine;</li><li>stock acquisition versus asset acquisition; and</li><li>adjustment to tax basis.</li></ul>In addition to its empirical research, the analysis makes use of an examination of the rules and theories on taxing M&A in other jurisdictions such as Australia and the United States as part of its proposed blueprint for improving China’s M&A taxation.Drawing on commonly recognized taxation principles, this book definitively sets up the normative criteria for evaluating the income taxation of M&A and reveals the fundamental problems encountered by China’s current regime. Its comprehensive analysis of the Chinese income tax rules for M&A and detailed disclosure of how they are both divergent from and convergent with that of some other major economies will prove of immeasurable value to in-house counsel for multinational corporations, business enterprises with interests in China, taxation consultants, taxation academics, and taxation authorities worldwide.
ENGLISH

Role Of Tax Law In Mergers And Acquisitions - A Chinese Perspective

by Chunyang Zhang

127,20€ + 10% CARD

 Series on International Taxation, Volume 82The economic value of China’s mergers and acquisitions (M&A) market is exceeded only by that of the United States. However, China’s rapid and somewhat chaotic economic transformation has made the task of taxing M&A transactions in a consistent and prudent manner difficult, leading to a patchwork of fragmented rules that are hard to grasp not only for taxpayers but even for tax professionals and tax officials. Responding to this complex situation, this groundbreaking book explores in detail how income derived from M&A transactions is taxed in China. Using empirical studies in order to provide a first-hand understanding of the context in which the tax law operates, the book critically examines China’s income tax regime for M&A and, based upon this examination, sets out reform proposals.In six informative chapters of great practical relevance, the author thoroughly describes and explains the intersection of such aspects as the following:<ul><li>M&A transactions in the eyes of tax law;</li><li>disparities between ordinary and special tax treatment;</li><li>eligibility for special tax treatment;</li><li>applying taxation principles such as neutrality and equity;</li><li>continuity of interest doctrine;</li><li>stock acquisition versus asset acquisition; and</li><li>adjustment to tax basis.</li></ul>In addition to its empirical research, the analysis makes use of an examination of the rules and theories on taxing M&A in other jurisdictions such as Australia and the United States as part of its proposed blueprint for improving China’s M&A taxation.Drawing on commonly recognized taxation principles, this book definitively sets up the normative criteria for evaluating the income taxation of M&A and reveals the fundamental problems encountered by China’s current regime. Its comprehensive analysis of the Chinese income tax rules for M&A and detailed disclosure of how they are both divergent from and convergent with that of some other major economies will prove of immeasurable value to in-house counsel for multinational corporations, business enterprises with interests in China, taxation consultants, taxation academics, and taxation authorities worldwide.
ENGLISH

Substance In International Tax Law - Dempe Approach, Substantial Activity Requirement And Beneficial Ownership

by Florian Navisotschnigg

137,80€ + 10% CARD

 The notion of ‘substance’ is proving to be central to the OECD’s base erosion and profit shifting (BEPS) project, particularly in the area of taxation of intangibles. In this book, this notoriously hard-to-define concept is examined from three distinct angles: transfer pricing (DEMPE Approach), harmful tax practices (Substantial Activity Requirement), and tax treaties (Beneficial Ownership).In a thoroughgoing investigation using the practical example of an IP company, the author provides detailed and precise answers to the following questions: <ul><li>What substance is necessary to be entitled to intangible-related returns?</li><li>What substance is necessary to benefit from preferential IP regimes or no or only nominal tax jurisdictions?</li><li>What substance is necessary to collect royalties free from withholding taxes?</li></ul><span style="font-size:12.0pt;font-family:"Times New Roman",serif;mso-fareast-font-family:SimSun;mso-bidi-font-family:"Lucida Sans";color:black;mso-font-kerning:.5pt;mso-ansi-language:EN-GB;mso-fareast-language:HI;mso-bidi-language:HI">Given the need to agree on a common understanding of substance in international tax law in order to avoid costly tax disputes, this important book is unmatched for the clear light it sheds on the most relevant substance requirements regarding intangibles. It will prove invaluable to tax practitioners and in-house counsel who are dealing with cross-border transactions concerning intangibles.
ENGLISH

Substance In International Tax Law - Dempe Approach, Substantial Activity Requirement And Beneficial Ownership

by Florian Navisotschnigg

137,80€ + 10% CARD

 The notion of ‘substance’ is proving to be central to the OECD’s base erosion and profit shifting (BEPS) project, particularly in the area of taxation of intangibles. In this book, this notoriously hard-to-define concept is examined from three distinct angles: transfer pricing (DEMPE Approach), harmful tax practices (Substantial Activity Requirement), and tax treaties (Beneficial Ownership).In a thoroughgoing investigation using the practical example of an IP company, the author provides detailed and precise answers to the following questions: <ul><li>What substance is necessary to be entitled to intangible-related returns?</li><li>What substance is necessary to benefit from preferential IP regimes or no or only nominal tax jurisdictions?</li><li>What substance is necessary to collect royalties free from withholding taxes?</li></ul><span style="font-size:12.0pt;font-family:"Times New Roman",serif;mso-fareast-font-family:SimSun;mso-bidi-font-family:"Lucida Sans";color:black;mso-font-kerning:.5pt;mso-ansi-language:EN-GB;mso-fareast-language:HI;mso-bidi-language:HI">Given the need to agree on a common understanding of substance in international tax law in order to avoid costly tax disputes, this important book is unmatched for the clear light it sheds on the most relevant substance requirements regarding intangibles. It will prove invaluable to tax practitioners and in-house counsel who are dealing with cross-border transactions concerning intangibles.
ENGLISH

Credit Method Compatibility And Constraints Under Eu Law - An Analysis Of The Case Law Of The Cjeu

by Rita Julien

184,18€ + 10% CARD

 As European Union (EU) Member States seek to counteract base erosion and profit shifting (BEPS) practices while avoiding new obstacles to the EU’s internal market such as double taxation, the credit method, also known as the foreign tax credit, is one of the essential tools in this balancing act, yet it is one that has given rise to various EU law challenges and questions. This invaluable book - the first in-depth study of the EU law constraints on designing the credit method - delineates the EU law boundaries within which the Member States must operate when they implement this method of tax relief.For the first time, the Court of Justice of the European Union (CJEU) cases that may affect, directly or indirectly, the credit method and its main components are systematically identified and analysed in order to extract the legal findings and principles that define the contours within which the Member States can manoeuvre when considering EU-compatible approaches to the credit method. To this end, among others, this book offers:<ul><li>an extensive study of the historical legal developments of the credit method;</li><li>an overview of the key design features of the credit method, considering the optional, variable components, such as the credit limitation (maximum creditable amount), that tailor it to different legal and policy considerations;</li><li>an analysis of the legal constraints on the key features of the credit method flowing from CJEU case law on the fundamental freedoms, considering the impact of landmark cases and concepts (e.g., Schumacker, neutralization);</li><li>the EU law implications based on the type of credit method (direct, indirect, imputation) and the feature of the credit method (e.g., credit limitation, credit carryforward); and</li><li>examples to clearly and concisely illustrate the basic operation of the credit method and some of the main calculation and EU law issues.</li></ul>The author’s doctoral dissertation, on which the book is based, was awarded the Wolfgang Gassner Science Prize 2020 and the European Doctoral Tax Thesis Award 2020.As a timely, comprehensive and practical study of the relationship between the credit method and EU law, this book will be welcomed by lawyers and other professionals working with taxation matters, as well as by tax policymakers and academics in the fields of international and European tax law.
ENGLISH

Credit Method Compatibility And Constraints Under Eu Law - An Analysis Of The Case Law Of The Cjeu

by Rita Julien

184,18€ + 10% CARD

 As European Union (EU) Member States seek to counteract base erosion and profit shifting (BEPS) practices while avoiding new obstacles to the EU’s internal market such as double taxation, the credit method, also known as the foreign tax credit, is one of the essential tools in this balancing act, yet it is one that has given rise to various EU law challenges and questions. This invaluable book - the first in-depth study of the EU law constraints on designing the credit method - delineates the EU law boundaries within which the Member States must operate when they implement this method of tax relief.For the first time, the Court of Justice of the European Union (CJEU) cases that may affect, directly or indirectly, the credit method and its main components are systematically identified and analysed in order to extract the legal findings and principles that define the contours within which the Member States can manoeuvre when considering EU-compatible approaches to the credit method. To this end, among others, this book offers:<ul><li>an extensive study of the historical legal developments of the credit method;</li><li>an overview of the key design features of the credit method, considering the optional, variable components, such as the credit limitation (maximum creditable amount), that tailor it to different legal and policy considerations;</li><li>an analysis of the legal constraints on the key features of the credit method flowing from CJEU case law on the fundamental freedoms, considering the impact of landmark cases and concepts (e.g., Schumacker, neutralization);</li><li>the EU law implications based on the type of credit method (direct, indirect, imputation) and the feature of the credit method (e.g., credit limitation, credit carryforward); and</li><li>examples to clearly and concisely illustrate the basic operation of the credit method and some of the main calculation and EU law issues.</li></ul>The author’s doctoral dissertation, on which the book is based, was awarded the Wolfgang Gassner Science Prize 2020 and the European Doctoral Tax Thesis Award 2020.As a timely, comprehensive and practical study of the relationship between the credit method and EU law, this book will be welcomed by lawyers and other professionals working with taxation matters, as well as by tax policymakers and academics in the fields of international and European tax law.
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