Download or read book Free Movement of Capital the European Union Anti tax Avoidance Package and Brexit written by A.P. Dourado and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article assesses the meaning and scope of free movement of capital under Article 63 of the Treaty on the Functioning of the European Union. The author describes the extreme scenario of the Brexit, in which UK can be handled as the USA or Brazil, for example, and analyses the consequences for direct taxes. Moreover, she discusses the overlap between the free movement of capital and the free movement of workers, freedom of establishment and the free movement of services. The CFC Rule in the Anti Tax Avoidance Directive, the EU standard on exchange of information, EU Good Governance Clauses, and their application in the Brexit extreme scenario are also discussed.
Download or read book Free Movement of Capital written by Ana Paula Dourado and published by . This book was released on 2019 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, the meaning and scope of free movement of capital under Article 63 of the Treaty on the Functioning of the European Union is (re)assessed, taking Brexit as an example. The scenario assumed herein is that Brexit will be extreme. Wtihin this scenario, the United Kingdom (UK) can be handled as the USA or Brazil, for example. In the bilateral relationship between the UK and the European Union (EU) Member States, there will be no legal obligations for the UK deriving from either primary or secondary law, whereas the EU Member States are still forbidden to restrict capital movements from and to the UK. The CFC Rule in the Anti Tax Avoidance Directive, the EU standard on exchange of information, EU Good Governance Clauses, and their application in the Brexit extreme scenario are also discussed.
Download or read book The Impact of European Union Law on the Possibilities of European Union Member States to Adapt International Tax Rules to the Business Models of Multinational Enterprises written by S.C.W. Douma and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution examines how the European Union (EU) has responded to the base erosion and profit shifting (BEPS) project and, more specifically, how EU law has been used both to enforce the agenda of the BEPS project and to limit the application thereof. Section 2 discusses how the European Commission (EC) is using EU State aid law to challenge the business models of multinational enterprises (MNEs). Section 3 analyses the EC's Anti-Tax Avoidance Package and its Anti-Tax Avoidance Directive (ATAD). Section 4 examines how EU free movement law may limit the application of certain anti-abuse rules.
Download or read book Combating Tax Avoidance in the EU written by José Manuel Almudí Cid and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following each Member State's need to rebuild a strong and stable economy after the 2007 financial crisis, the European Union (EU) has developed a robust new transparency framework with binding anti-abuse measures and stronger instruments to challenge external threats of base erosion. This is the first and only book to provide a complete detailed analysis of the Anti-Tax Avoidance Package and other recent and ongoing European actions taken in direct taxation. With contributions from both prominent tax academics and Spain's delegates to the European meetings where these rules are debated and promulgated, the book covers such issues and topics as the following: – the development of the EU Strategy towards Aggressive Tax Planning; – recent tax-related jurisprudence of the European Court of Justice; – the Anti-Tax Avoidance Directive; – tax treaties and non-tax treaties with tax consequences both between Member States and between Member States and third countries; – code of conduct for business taxation; – automatic exchange of information; – country-by-country reporting; – arbitration in tax matters; – external strategy for effective taxation regarding non-EU countries; – competition and state aid developments in direct taxation; – the Common Consolidated Tax Base; and – digital significant presence and permanent establishment. As the EU pursues its ambitious tax agenda, taxation's contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever clearer focus. In addition to its insights into these trends, the book's unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes, and other features of the current international tax landscape.
Download or read book Brexit A Way Forward written by Marcello Sacco and published by Vernon Press. This book was released on 2019-10-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit may be the result of international nationalist narratives, and that the choice to leave the EU is already affecting Brits abroad and the future opportunities for British students. Part II turns its attention to national legal issues that are affected such as the Irish border, waste management, moral copyright, and the support of local enterprises. Lastly, Part III investigates commercial law touching on important topics such as international litigation, insolvency and tax law. As this publication suggests eventual solutions to several issues caused by Brexit, it may be of interest to not only other academics working in the field, but also to policy makers and relevant stakeholders.
Download or read book The External Tax Strategy of the EU in a Post BEPS Environment written by Adolfo J. Martín Jiménez 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 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 International Juridical Double Taxation from an Ability to Pay Perspective under EU Law written by Maria Júlia Ildefonso Mendonça and published by Kluwer Law International B.V.. This book was released on 2023-01-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hurdles emerging from the parallel exercise of Member States’ tax sovereignty have been examined by the CJEU and intensely discussed by scholars. By uncovering a paradox in the CJEU’s case law, this groundbreaking book provides a constructive alternative to the deadlock created by the CJEU when ruling that international juridical double taxation, although constituting an obstacle to free movement, is not contrary to EU law. The book – the first in-depth treatment of this perspective – enables taxpayers facing international juridical double taxation to understand how their ability to pay is protected under EU law and the limitations that protection faces. Every aspect of the matter is rigorously examined, including the following: important differences between the traditional notion of double taxation and the current definition under Council Directive 2017/1852; legal means and methods designed to eliminate international juridical double taxation and the policies underlying them; freedoms of movement as prohibitions that limit the exercise of Member States’ taxing powers; consideration of expenses related to economic activity and personal and family circumstances; and in-depth discussion of taxation of income derived from source versus residence Member State. Throughout the book, the author refers to the case law of the CJEU on both international juridical double taxation and taxpayers’ ability to pay, as well as the relevant academic literature, allowing the reader to understand the current state of EU law on these matters and their relation. The author’s remarkable venture into this challenging field, with a deeply informed construction of instrumental categories and critical review of their content, culminates with a viable reformulation of the serious and growing problem of international juridical double taxation. The book will be welcomed by taxation professionals in practice, policymakers, and academia.
Download or read book After Brexit written by Nazaré da Costa Cabral and published by Springer. This book was released on 2017-12-18 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical and important book identifies the short to medium-term economic, financial and social consequences of Brexit. Containing perspectives from leading thinkers across legal, economic and financial fields, it considers both the general effect of UK withdrawal on the European integration process, and the specific impact on the free movement of capital, goods and people. Addressing the main areas within both the UK and the EU that can and will be affected by Brexit, including the financial sector, immigration, social rights and social security, After Brexit: Consequences for the European Union will make fascinating reading for all those currently engaged in the study and practice of Law, Economics, Finance, Political Science, Philosophy, History and International Affairs.
Download or read book European Tax Integration written by Pasquale Pistone and published by . This book was released on 2018 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the status quo of European tax integration, combining law, policy and politics. Good policy should identify and address problems when they arise, achieving suitable solutions that law implements. Within the European Union, this relation is malfunctioning or entirely missing in direct tax matters. Positive tax integration in the European Union has mostly failed to transform supranational policy goals into actual measures of harmonization and coordination, except for the recent reaction to tax avoidance. The topical studies contained in this book hold that without a proper action that removes cross-border tax obstacles, positive tax integration shifts away from its original goals. Furthermore, such a scenario leaves the bulk of European tax integration in the hands of the limits established by negative tax integration, with little room for developing a structured policy in the interest of the European Union. This peer-reviewed publication aims to stimulate debate among scholars, decision-makers, practitioners, politicians and interpreters of European international tax law, with a view to bringing European tax integration back on the right track.
Download or read book The Acte Clair in EC Direct Tax Law written by Ana Paula Dourado and published by IBFD. This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the legal issues arising from the search for certainty in the relationship between Community law and direct tax law. In addition, it contains an in-depth analysis of the CILFIT doctrine in action and its demand for legal certainty. By looking at both how the case law of the European Court of Justice (ECJ) in the area of direct taxation fits the CILFIT criteria (ECJ, 6 October 1982, case 283/81, Srl CILFIT and Gavardo SpA), and how such criteria are complied with by national courts, the book reviews and discusses the application in the field of direct taxation of the criteria put forward by the ECJ. The book highlights some of the current challenges faced by the EU judicial system in view of the expansion of EU law and its decentralized application at national level.
Download or read book European Tax Law Volume 1 written by Peter J. Wattel and published by Kluwer Law International B.V.. This book was released on 2022-10-23 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ben Terra (1946–2019) was professor of tax law at the universities of Amsterdam (UvA), the Netherlands, and Lund, Sweden. Peter Wattel is Advocate General in the Supreme Court of the Netherlands, State Councillor extraordinary in the Netherlands, Council of State and professor of EU tax law at the Amsterdam Centre for Tax Law (ACTL), University of Amsterdam. Sjoerd Douma is professor at the ACTL, Director of the Adv LLM programme in International Tax Law at Amsterdam Law School, and partner at Lubbers, Boer & Douma in The Hague. Otto Marres is professor at the ACTL, and tax lawyer at Meijburg & Co., Amsterdam. Hein Vermeulen is Director of PwC’s EU Direct Tax Group, Amsterdam. Dennis Weber is professor of European Corporate Taxation at the ACTL and of counsel at Loyens & Loeff. The eighth edition of this leading textbook brings its comprehensive and systematic survey of European Tax Law up to March 2022. With its critical discussion of the EU tax rules and of the European Court’s case law in tax matters, it surpasses every other textbook on EU Tax Law in its clarification and analysis of the implications of the EU Treaties and secondary EU law for national and bilateral tax law. The in-depth coverage of Volume I includes the following: 1. The far-reaching consequences of the EU free movement rights, the EU State aid prohibition, the EU Charter of Fundamental Rights, and the general principles of EU law for national tax law, tax treaties, national (tax) procedure, State liability, and relations with third States. 2. Secondary EU law in force and proposed on direct taxes (Parent-Subsidiary Directive, Tax Merger Directive, Interest and Royalties Directive, cross-border tax dispute settlement instruments, the Anti-Tax Avoidance Directive and pending company tax proposals). 3. (Automatic) exchange of information and other administrative assistance in the assessment and recovery of taxes between the EU Member States. 4. Soft Law on Harmful Tax Competition. Procedural matters and the extent of judicial protection are emphasized throughout this volume. This new edition will continue to be of immense value to law school and university programmes in (international) tax law and in European Union law and for practice. Volume II (2021) of this book covers harmonization of indirect taxation, energy taxation and capital duty, as well as administrative cooperation in the field of indirect taxation.
Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
Download or read book Brexit A Way Forward written by Marcello Sacco and published by Vernon Press. This book was released on 2019-10-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit may be the result of international nationalist narratives, and that the choice to leave the EU is already affecting Brits abroad and the future opportunities for British students. Part II turns its attention to national legal issues that are affected such as the Irish border, waste management, moral copyright, and the support of local enterprises. Lastly, Part III investigates commercial law touching on important topics such as international litigation, insolvency and tax law. As this publication suggests eventual solutions to several issues caused by Brexit, it may be of interest to not only other academics working in the field, but also to policy makers and relevant stakeholders.
Download or read book Tax Implications of Brexit written by Nicola Saccardo and published by Bloomsbury Publishing. This book was released on 2021-05-21 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax Implications of Brexit is an essential guide for anyone advising businesses trading in either the United Kingdom or the European Union post-Brexit. In two parts, this title provides an in-depth analysis of the tax ramifications of Brexit in both the United Kingdom and EU Member States, helping to identify immediate and future issues that could be faced post-Brexit, and how to mitigate any risks. Part One features subject-specific chapters which deal with the UK statutory regime after 2020 as well as the impact of Brexit on VAT, customs and excise duties and State Aid legislation. Part Two is split into country chapters dealing with the tax implications in the single jurisdictions (the United Kingdom and EU Member States) for cross-border investments between the United Kingdom and the EU and for UK-EU cross-border reorganisations. This book is essential reading for tax professionals advising businesses trading in the United Kingdom or in the European Union, but also tax managers of those businesses. Tax Implications of Brexit includes contributions from Barbara Belgrano, Conor Quigley QC, Julian Ghosh QC, Kelly Stricklin-Coutinho, Nicola Saccardo, Roderick Cordara QC, Timothy Lyons QC and a plethora of highly respected tax experts from EU jurisdictions.
Download or read book Brexit and Beyond written by Benjamin Martill and published by UCL Press. This book was released on 2018-01-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent
Download or read book Clean Brexit written by Liam Halligan and published by Biteback Publishing. This book was released on 2018-08-16 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: UPDATED FOREWORD BY GISELA STUART AND UPDATED AFTERWORD BY JACOB REES-MOGG On 23 June 2016, in the biggest ever vote in British history, 17.4 million people chose to leave the EU. So what does the future now hold after this momentous decision? What will life be like in Britain after we end our European marriage? Will Brexit precipitate the doom and gloom that many predict? Drawing on years of experience at the cutting edge of economic, business and policy issues, plus extensive discussions with leading politicians and diplomats across the UK, Europe and the world, Clean Brexit answers these questions and more. Authors and economists Liam Halligan and Gerard Lyons believe great days lie ahead. Brexit is an opportunity to strike deals with the world's fastest-growing economies, boosting British trade and job prospects. Freed from the EU's regulatory stranglehold, the UK can thrive, spreading wealth throughout the whole of the country. Directly elected MPs will once again have the final say over our laws, borders, taxes and trade negotiations. Important, balanced and accessible, Clean Brexit is the ultimate guide to making a success of Britain's divorce from the EU and a source of strength for voters elsewhere in Europe who have long demanded EU reform, but have been rebuffed.
