Download or read book BEPS Action 6 Policy Proposals written by Vikram Chand and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2015, the OECD released its final deliverable on Action 6 that is dedicated to prevent the granting of treaty benefits in inappropriate circumstances. In order to determine the most appropriate manner to prevent the granting of treaty benefits, the final deliverable differentiates between two situations. The first situation deals with cases where a taxpayer tries to abuse tax treaty provisions, for example, by engaging in treaty shopping schemes. For such cases, the final deliverable suggests the adoption of treaty anti-abuse rules. The second situation deals with cases where a taxpayer tries to avoid the application of domestic anti-abuse rules (anti-abuse rules which counter treaty abuse as well as domestic law abuse), by arguing that the provisions of tax treaties preclude the application of such rules. For such cases, clarification changes are proposed in the OECD Commentary. The contribution comments on these anti-abuse rules and answers two questions from a policy perspective. Firstly, when countering treaty abuse - should tax authorities resort to treaty anti-abuse or domestic anti-abuse rules? Secondly, how do domestic anti-avoidance rules interact with tax treaties?

Download or read book The Principal Purpose Test Under BEPS Action 6 is the OECD Proposal Compliant with EU Law written by O. Koriak and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, the author contributes to the discussion on the BEPS project and its compatibility with EU law, focusing specifically on the PPT rule. The question addressed is whether or not Member States will be able to implement the proposed rule into their tax treaty networks in compliance with EU law. In addition, the PPT formula chosen by the European Commission in the Anti Tax Avoidance Package is analysed.

Download or read book The Database of Approved Precedents DAP written by Lucas de Lima Carvalho and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the release of the Final Reports of the BEPS Action Plan in 2015 and the signature of the MLI starting in 2017, members of the Inclusive Framework began updating their income (or income and capital) tax treaties to make them adhere to the OECD recommendations. Among those was the minimum standard of Action 6, designed to curb base erosion and profit shifting resulting from the improper use of tax treaties. This minimum standard was presented by the OECD as a new preamble and a set of rules that should have been implemented by members of the Inclusive Framework via the addition to their tax treaties (Covered Tax Agreements in the MLI) of either a PPT clause, or a PPT and an LOB clause, or an LOB clause coupled with a mechanism to deal with conduit financing arrangements. We argue that these “alternative modes of compliance” with the minimum standard as formalized in Article 7th of the MLI represent structural loopholes that can generate implementation asymmetries. We also list post-BEPS tax treaties that deviate from the minimum standard and have either been recognized as compliant or not recognized as non-compliant by the Peer Review reports of BEPS Action 6 released to date, a phenomenon that can itself generate implementation asymmetries. These findings raise questions as to whether the practical results of BEPS Action 6 have led jurisdictions within the Inclusive Framework closer to achieving global tax justice, and, if not, whether the Peer Review system is capable of correcting their course. We do not find evidence to support that capability. We also view that, given that the political agreement surrounding BEPS Action 6 was led by the Executive Branch and the ratification of the treaties themselves was authorized by the Legislative Branch (or their equivalents) of jurisdictions that later became members of the Inclusive Framework, any effective solution to steer these jurisdictions towards the harmonization of the BEPS Action 6 minimum standard should rely on precedents from their Judiciary Branch (or from Administrative Tax Courts performing a judicial role). It is this pursuit of global harmonization of anti-abuse rules in tax treaties that bases our proposal for a non-binding Database of Approved Precedents (DAP) about the implementation of the BEPS Action 6 minimum standard in the member jurisdictions of the Inclusive Framework. We propose that the DAP be published by the OECD and that its formation be subject to four distinct assessment and decision procedures: the Regular Assessment (RA), the Exclusion and/or Replacement of Precedents via Individual Request (ERPIR), the Periodical Review (PR) and the Extraordinary Assessment (EA). It is our view that the DAP can incentivize tax judges from the jurisdictions of the Inclusive Framework to not only analyze tested, discussed and approved foreign court precedents (those approved by the Inclusive Framework and included in the DAP) and possibly use them as a basis to write their own decisions about the implementation of Action 6 provisions in tax treaties, but also produce decisions on unexplored Action 6 issues that may themselves be eligible for inclusion in the DAP. It is also our view that our proposal revolutionizes the role of tax judges in the formation of global tax policy, altering their political position from that of passive interpreters to key agents in the effectuation of global tax justice.

Download or read book Harmful Tax Competition An Emerging Global Issue written by OECD and published by OECD Publishing. This book was released on 1998-05-19 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax competition in the form of harmful tax practices can distort trade and investment patterns, erode national tax bases and shift part of the tax burden onto less mobile tax bases. The Report emphasises that governments must intensify their cooperative actions to curb harmful tax practices.

Download or read book Addressing Base Erosion and Profit Shifting written by OECD and published by OECD Publishing. This book was released on 2013-02-12 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents studies and data available regarding the existence and magnitude of base erosion and profit shifting (BEPS), and contains an overview of global developments that have an impact on corporate tax matters.

Download or read book Aggressive Tax Planning in EU Law and in the Light of BEPS written by Ana Paula Dourado and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this article is to critically assess the meaning of aggressive tax planning and its scope in the current international move to fight against base erosion and profit shifting (BEPS). In the context of the BEPS initiative, aggressive tax planning has been broadly used in severalOrganization for Economic Cooperation and Development (OECD) and EU soft law instruments. However, it is not clear what new features aggressive tax planning does bring to the settled legal concepts of tax avoidance and tax evasion, and whether it is a legal or merely a tax policyconcept. In order to find the meaning of aggressive tax planning in the BEPS context, some of the recommendations put forward in BEPS actions 2 and 6 and in the EC Recommendation on Aggressive Tax planning are analysed and compared in this article.The article also aims to illustrate some of the reciprocal influences and interaction between EU law and OECD recommendations and tax treaties. For example, the EC Recommendation on ATP, proposing the introduction of a General Anti-Abuse Rules (GAAR) in the Member States' legislation, and the BEPS Action 6 proposal to introduce a GAAR (a Principal Purposes Test Rule or PPT Rule) in tax treaties illustrate the same spirit and a holistic approach. Moreover, a PPT Rule in tax treaties concluded by EU Member States will have to be compatible with the EUfundamental freedoms and the principle of abuse in EU law. The GAAR amending the EU Parent-Subsidiary Directive and approved by the Economic and Financial Affairs Council (ECOFIN) on 9 December 2014 illustrates how EU Member States could introduce a GAAR in theirtreaties compatible with EU law. These reciprocal influences among domestic, international and EU law and practices lead to an acquis communautaire and to international standards which may be justified as products of global identity and related to a global sense of fairness andunfairness and ultimately of a global tax morale calling for global solutions and global tax standards.

Download or read book Implementing Key BEPS Actions where Do We Stand written by Michael Lang and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book OECD G20 Base Erosion and Profit Shifting Project Designing Effective Controlled Foreign Company Rules Action 3 2015 Final Report written by OECD and published by OECD Publishing. This book was released on 2015-10-05 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing base erosion and profit shifting (BEPS) is a key priority of governments. In 2013, OECD and G20 countries, working together on an equal footing, adopted a 15-point Action Plan to address BEPS. This publication is the final report for Action 3.

Download or read book IMPLEMENTING KEY BEPS ACTIONS written by Michael Lang and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book OECD G20 Base Erosion and Profit Shifting Project Neutralising the Effects of Hybrid Mismatch Arrangements Action 2 2015 Final Report written by OECD and published by OECD Publishing. This book was released on 2015-10-05 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing base erosion and profit shifting (BEPS) is a key priority of governments. In 2013, OECD and G20 countries, working together on an equal footing, adopted a 15-point Action Plan to address BEPS. This publication is the final report for Action 2.

Download or read book OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2017 written by OECD and published by OECD Publishing. This book was released on 2017-07-10 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consolidated version of the OECD Transfer Pricing Guidelines includes the revised guidance on safe harbours adopted in 2013, as well as the recent amendments made by the Reports on Actions 8-10 and 13 of the BEPS Actions Plan and conforming changes to Chapter IX.

Download or read book OECD G20 Base Erosion and Profit Shifting Project BEPS Project Explanatory Statement 2015 Final Reports written by OECD and published by OECD Publishing. This book was released on 2016-08-26 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing base erosion and profit shifting is a key priority of governments around the globe. This Explanatory Statement offers an overview of the BEPS Project and outcomes.

Download or read book Neutralising the Effects of Hybrid Mismatch Arrangements written by Oecd and published by OCDE. This book was released on 2014-09-16 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report sets out recommendations for domestic rules to neutralise the effect of hybrid mismatch arrangements and includes changes to the OECD Model Tax Convention to address such arrangements. Once translated into domestic law, the recommendations in Part 1 of the report will neutralise the effect of cross-border hybrid mismatch arrangements that produce multiple deductions for a single expense or a deduction in one jurisdiction with no corresponding taxation in the other jurisdiction. Part 1 of the report will be supplemented by a commentary, which will explain the recommended rules and illustrate their application with practical examples. Part 2 of the report sets out proposed changes to the Model Convention that will ensure the benefits of tax treaties are only granted to hybrid entities (including dual resident entities) in appropriate cases. Part 2 also considers the interaction between the OECD Model Convention and the domestic law recommendations in Part 1.

Download or read book The interaction of domestic anti avoidance rules with tax treaties written by Vikram Chand and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Resolving Foreign Bribery Cases with Non Trial Resolutions Settlements and Non Trial Agreements by Parties to the Anti Bribery Convention written by OECD and published by OECD Publishing. This book was released on 2019-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.

Download or read book OECD G20 Base Erosion and Profit Shifting Project Tax Challenges Arising from Digitalisation Interim Report 2018 Inclusive Framework on BEPS written by OECD and published by OECD Publishing. This book was released on 2018-03-16 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interim report of the OECD/G20 Inclusive Framework on BEPS is a follow-up to the work delivered in 2015 under Action 1 of the BEPS Project on addressing the tax challenges of the digital economy.

Download or read book Local Economic and Employment Development LEED Culture and Local Development written by OECD and published by OECD Publishing. This book was released on 2005-04-21 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication highlights the impact of culture on local economies and the methodological issues related to its identification.