Download or read book Reconstructing the Treaty Network EU Report written by João Félix Pinto Nogueira and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study was drafted as the EU topical report for IFA's general report on the topic reconstructing the treaty network and deals with the intersection of three areas: i) European Union law; ii) the OECD's Base Erosion and Profit Shifting project (BEPS) and its implementation, and; iii) member states' tax treaties between them and with third countries. This study reaches several conclusions.First, it should be noted that the Union's competence under article 115 TFEU not only covers purely internal situations, but the Union can also use its internal competence to specify the treatment of non-EU investors or third-country investments, and it has done so, e.g., in the Anti-Tax Avoidance Directive (ATAD). This has potential impact also on tax treaties between the member states and with third countries: Given the supremacy of EU (secondary) law, domestic law implementing Directives (e.g., the ATAD) might, under certain conditions, arguably take precedence over (pre- and post-accession) tax treaties between the member states, even if that implementation is detrimental to taxpayers and irrespective of whether the specific tax treaty was concluded before or after a provision of a Directive entered into force. As for tax treaties with third countries the TFEU contains a differentiating rule, as article 351 TFEU (ex-article 307 EC) grandfathers (only) member states' treaties with third countries, including tax treaties, that a member state concluded before 1 January 1958 or, for acceding states, before the date of their accession, so that EU law arguably takes precedence over post-accession tax treaties with third countries and, therefore, may directly affect the relevant member state's (but of course not the third country's) tax system.Second, the European Commission has issued various Recommendations with regard to post-BEPS tax treaties of the member states. A 2012 Recommendation "on aggressive tax planning" addressed (also) tax treaty-based double non-taxation and encouraged member states to include an appropriate subject-to-tax clause in their double taxation conventions.The Commission's 2016 Recommendation dealt with the inclusion of a subject-to-tax clause in tax treaties, the definition of "permanent establishments" to prevent their artificial avoidance (article 5 OECD MC) and the use of an EU-compatible Principal Purposes Test (PPT), which refers to "a genuine economic activity" as a carve-out to align the clause with the case-law of the Court of Justice of the European Union as regards the abuse of law. Third, the OECD BEPS project has established a (political) minimum standard regarding measures against treaty shopping (article 7 MLI and article 29 OECD MC), and the Limitation on Benefits (LoB) clause in particular raises issues with regard to its compatibility with the EU fundamental freedoms. In particular, LoB clauses are confronted with continuing doubts regarding their compatibility with the freedom of establishment. These concerns have also found expression not only in various documents of the European Commission but also in the BEPS Action 6 Final Report, where the OECD noted that some countries may have "concerns based on EU law that prevent them from adopting the exact wording of the model provisions that are recommended in this report", further specifying those concerns by recognizing "that the LOB rule will need to be adapted to reflect certain constraints or policy choices concerning other aspects of a bilateral tax treaty between two Contracting States" such as "concerns based on EU law". Indeed, the "ownership clauses" in LoB provisions face scrutiny because the company's residence state has agreed to give better conditions to companies held by shareholders resident in its own territory as compared to the ones resident elsewhere in the EU and the EEA. In such circumstances and in light of the Open Skies judgments, LoB clauses could thus be regarded as the immediate source of the discriminatory treatment.It is, however, unclear whether other - objective or subjective - tests in a typical LoB clause make them "EU compatible", and if the source state's perspective might require a different analysis in light of the ECJ's decision in ACT Group Litigation.Fourth, and while the OECD BEPS project has not established a minimum standard with regard to mandatory binding arbitration, the 2017 Tax Dispute Resolution Directive (TDRD) has established a mechanism for binding arbitration with regard to tax "disputes". While the TDRD does not address double taxation outside of a tax treaty context, it is a huge step towards the removal of double taxation caused by diverging interpretation and application of tax treaties between member states.Fifth, the OECD BEPS project has addressed situations of treaty-based non-taxation, which might also raise state aid questions under article 107 TFEU in cases where the misapplication of a tax treaty leads to "white income". While generally "the need to avoid double taxation" would be a basis for a possible justification, it might indeed be asked if a double taxation convention must be interpreted, in light of article 107 TFEU, to not give rise to "white income" (e.g., through an unconditional exemption of untaxed income) or to "overcompensation" (e.g., through a tax sparing credit). That rather extreme path, however, was not (yet) taken by the Commission in the McDonald's case: Indeed, to show selectivity, the Commission attempted merely to prove that Luxembourg had misapplied the applicable tax treaty. It did not rely on the alternative argument that double non-taxation resulting from the application of a tax treaty ipso facto amounts to state aid.
Download or read book CAHIERS DE DROIT FISCAL INTERNATIONAL written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cahiers de Droit Fiscal International written by International Fiscal Association. Congress and published by . This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the general reports, EU reports and summary and conclusions of all branch reports of the International Fiscal Association (IFA) Congress 2020 held in Cancun, Mexico.
Download or read book The Oxford Handbook of International Tax Law written by Florian Haase and published by Oxford University Press. This book was released on 2023-09-22 with total page 1185 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Tax Law is at a turning point. Increased tax transparency, the tackling of Base Erosion and Profit Shifting (BEPS), the reconstruction of the network of bilateral tax treaties, the renewed discussion about a fair and efficient allocation of taxing rights between States in a global, digitalized economy, and the bold push for minimum corporate taxation are some expressions of this shift. This new era also demonstrates the increased influence of international standard setters such as the OECD, the UN, and the EU. Each of these developments alone has the potential of being disruptive to the traditional world of international tax law, but together they have the potential to reshape the international tax system. The Oxford Handbook of International Tax Law provides a comprehensive exploration of these key issues which will shape the future of tax law. Divided into eight parts, this handbook traces the history of international tax law from its earliest days until the present, including reflections on the developments that have characterized the last one hundred years. The second section places tax law within the broader international context considering how it relates to public and private international law, as well as corporate, trade, and criminal law. Sections three and four consider key legal principles and issues such as regional tax treaty models, OECD dispute resolution, and transfer pricing versus formulary apportionment. Subsequent analysis places these issues within their European and cross-border contexts providing an assessment of the role of the ECJ, state aid, and cross-border VAT. Section seven broadens the scope of this analysis, asking how trends in recent major economies and regions have helped shape the current outlook. The final section considers emerging issues and the future of international tax law. With over sixty authors from 28 different countries, the Oxford Handbook of International Tax Law is an invaluable resource for scholars, academics, and practitioners alike.
Download or read book Anti Abuse Rules and Tax Treaties written by Georg Kofler et al. and published by Kluwer Law International B.V.. This book was released on 2024-06-24 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the struggle to combat tax abuse and tax avoidance gains momentum, ways of making a tax jurisdiction ‘manipulation-proof’ continue to proliferate, from new or revised provisions in model tax treaties to a dramatic increase in the number and variety of anti-abuse and anti-avoidance rules at all levels of government. These measures interact with national tax systems, general anti-abuse clauses and tax treaties. The conflicts and other legal difficulties that inevitably result deserve intensive scrutiny. This book provides an in-depth analysis of current issues concerning the relations of various anti-abuse rules to each other and their impact on the application of tax treaties. The topics include the following: domestic general anti-avoidance rules (GAARs); domestic specific anti-avoidance rules (SAARs) (including controlled foreign company rules); minimum holding periods; indirect transfers of immovable property, shares, and rights; limitation on benefits; residence criteria in tax treaties; tax treatment of sportspersons and entertainers; the principal purpose test of Article 29 (9) OECD Model (2017); and influence of European Union Law on tax treaty abuse. The chapters are revised and expanded versions of papers presented at the 30th Viennese Symposium on International Tax Law held on 12 June 2023 at Vienna University of Economics and Business. Each author offers an in-depth analysis of a particular topic, drawing on the most recent scientific research. This is the only book available to offer such a wide-ranging, detailed, and practical analysis of how the full range of anti-abuse rules interacts with tax treaties. It will prove of immeasurable value to practitioners and law firms active in tax planning, tax consultants, academics and researchers in international tax law and counsel for companies involved in international business.
Download or read book The OECD s Global Minimum Tax and its Implementation in the EU A Legal Analysis of Pillar Two in the Light of Tax Treaty and EU Law written by Valentin Bendlinger and published by Kluwer Law International B.V.. This book was released on 2023-10-17 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rarely in the history of international tax law have there been so many evolutions in such a short space of time: In a dizzying array of reports, work programmes, consultations and announcements, the OECD, with the active support of the EU, has created a framework for a global minimum tax (Pillar Two or GloBE). In the meanwhile, jurisdictions are faced with the practical difficulties of incorporating an incredibly complex set of rules into their domestic legal systems. This book aims to shed light on the fundamental and technical issues surrounding the global minimum tax. It seeks to unravel the complex ramifications of GloBE’s technical framework and aims to explore the relationship between the OECD’s soft law materials, including the OECD’s GloBE Model Rules and the GloBE Commentary, tax treaties and the EU’s recently adopted GloBE-Directive. The author not only analyses Pillar Two from a technical and a policy perspective but also provides for a comprehensive examination of the compatibility of Pillar Two with tax treaties and EU law. To this end, the analysis also includes practical examples and illustrates solutions to numerous technical and policy issues of Pillar Two. Among the seminal matters covered are the following: History and Background of the global minimum tax discussion. Detailed technical considerations on the design of Pillar Two, including its scope, the determination of both the ‘GloBE Income’ as well as the ‘Adjusted Covered Taxes’ and the computation of the effective tax rate as well as the computation and collection of the final ‘Top-up Tax’ liability, including the application of the QDMTT, IIR, and UTPR. Tax policy implications and deficiencies of the final design of Pillar Two. The relation of Pillar Two to the current distribution of taxing rights under bilateral tax treaties. The analysis includes the compatibility of the QDMTT, IIR, and UTPR with existing tax treaties and the resolution of potential normative conflicts, both between tax treaties and domestic implementations of Pillar Two as well as between tax treaties concluded by EU Member States and the EU’s GloBE-Directive. The role of the GloBE-Directive within the EU’s legal order, including the issue of EU internal and external competence as well as the substantive compatibility of Pillar Two with primary law, such as the fundamental freedoms. Detailed comparisons between the OECD’s GloBE Model Rules and the EU’s GloBE-Directive elucidate common points and deviations. In addition to comprehensive technical considerations, the book also provides a comprehensive tax policy perspective on the global minimum tax. For its unparalleled clarification of the issues alone, this book will prove invaluable to practitioners, tax authorities, policymakers, and academics concerned with the implementation and application of Pillar Two. ‘Valentin Bendlinger’s book is an outstandingly remarkable work on a highly complex topic. The structure, clarity of thinking, and legal argumentation are excellent, and the legal and policy results throughout are profoundly argued. The book successfully ties together broad concepts of international and European (tax) law with highly complex and novel issues of the taxation of multinational enterprises. It should be highlighted that Valentin Bendlinger succeeded in leading the reader from the history and policy through a “jungle” of unprecedented rules to overarching fundamental issues of how the new taxation framework is to be placed in the international and European legal order.’ – Prof. DDr Georg Kofler, LLM (NYU), Vienna University of Economics and Business.
Download or read book Rebuilding Europe written by David W. Ellwood and published by Routledge. This book was released on 2014-02-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the end of the Cold War and the prospect of a federal Europe ever closer, this book is a timely reassessment of the processes by which western Europe was reborn out of the devastation and despair of 1945. Concentrating on the first postwar decade and making rich use of the latest research findings, David Ellwood gives a detailed account of the practicalities of reconstruction - how it was done, what it cost, who paid for it, and what those involved hoped for, expected and actually received.
Download or read book Justice Equality and Tax Law written by Nevia Čičin-Šain and published by Linde Verlag GmbH. This book was released on 2022-10-05 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth analysis of the specific aspects of justice, equality and tax law "Justice, Equality and Tax Law" is a topic that is both old and new at the same time. Even if the society changes, the demands that tax needs to be just and equal seem to be immutable. What changes, of course, is the perception of the content of those demands. International taxation post-BEPS has been fraught with new challenges that warranted urgent responses. These challenges were mainly provoked by the unprecedented rise of the digital economy which truly marked a change in the way business is conducted, how value is created, and how goods and services are produced and consumed. Digitalization, in turn, had repercussions on all aspects of taxation - direct taxation, indirect taxation, and even tax procedures. For instance, the quest for more justice and equality in profit taxes was the reason why, in October 2021, a historical deal based on a two-pillar solution to address the tax challenges arising from the digitalization of the economy was negotiated within the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting and agreed upon by 137 member countries. It was also the motive behind the shift from a typical vendor collection model to an intermediary collection model supported by centralized registration points in indirect taxes, notably the VAT/GST. Abundant data from the European Union or the OECD signalized an ever-increasing gap between expected VAT revenues and VAT actually collected, making it obvious that the classical system of VAT/GST collection was unable to respond to challenges posed by the digital economy. Therefore, new solutions based on the participation of digital platforms as intermediaries had been introduced. Finally, new technologies, such as blockchain, paved new avenues in enhancing tax compliance. In this context, this volume entitled "Justice, Equality, and Tax Law" contains not only a selection of the best master ́s theses of the full-time LL.M. programme in 2021/2022 but also represents an in-depth analysis of various aspects of this evergreen topic.
Download or read book Restructuring Telecommunications written by P. Curwen and published by Springer. This book was released on 1997-10-27 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of January 1998 was the deadline for market liberalisation within the European Union, which together with the passing of the USA Telecommunications Act, has served to open up major markets in the Telecommunications Industry. This book examines the changes that have been occuring in the industry in recent years, seeking to impose a coherent structure upon a rapidly changing environment. It includes case studies of the UK, Germany and the USA.
Download or read book Ukraine written by Anders Aslund and published by Peterson Institute for International Economics. This book was released on 2015-04-17 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ukraine has been wracked by a year of unprecedented political, economic, and military turmoil. Russian military aggression in the east and a legacy of destructive policies and corruption have created an imminent existential crisis for this young democracy. Yet Ukraine also has a great opportunity to break out of economic underperformance. In this study, Anders Åslund, one of the world's leading experts on Ukraine, traces Ukraine's evolution as a market economy starting with the fall of communism and examines the economic impact of its recent difficulties. Åslund argues that Ukraine must undertake sweeping political, economic, social, and government reforms to achieve prosperity and independence. For its part, the West must abandon its hesitant approach and provide broad economic assistance to help Ukraine transform itself.
Download or read book The Substance of EU Democracy Promotion written by A. Wetzel and published by Springer. This book was released on 2015-02-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the substance of the European Union's (EU) democracy promotion policy. It focuses on elections, civil and political rights, horizontal accountability, effective power to govern, stateness, state administrative capacity, civil society, and socio-economic context as components of embedded liberal democracy.
Download or read book International Industrial Networks and Industrial Restructuring in Central and Eastern Europe written by S. Radosevic and published by Springer Science & Business Media. This book was released on 2007-05-08 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Industrial Networks and Industrial Restructuring in Central and Eastern Europe analyses the role of international industrial networks in industrial restructuring and corporate growth in central Europe, Russia and Ukraine. It shows that two distinct patterns of international industrial integration - domestic vs. foreign led modernisations - have developed in these two regions which have significant effects on patterns of growth and integration of these economies. International Industrial Networks and Industrial Restructuring in Central and Eastern Europe is based on a number of industry and firm case studies which are analysed and interpreted within the current international business and political economy literature. The publication provides valuable insights to managers and policy-makers who are interested in understanding different strategic options for business activity in Central and East European countries. For the academic reader, it offers a new perspective on international, industrial networks in which theories on strategic management and on industry restructuring and corporate growth are merged into a new view of growth and transformation process.
Download or read book Documents written by and published by . This book was released on 1999 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Networks and European Actors written by George Christou and published by Routledge. This book was released on 2021-05-30 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ability of the EU and European actor networks to coherently and effectively navigate, manage, and influence debates and policy on the international stage. It also questions whether increasing complexity across a range of critical global issues and networks has affected this ability. Engaging with the growing theoretical and conceptual literature on networks and complexity, the book provides a deeper understanding of how the European Union and European actors navigate within global networks and complex regimes across a range of regulatory, policy cooperation, and foreign and security policy issue areas. It sheds light on how far they are able to respond to and shape solutions to some of the most pressing challenges on the global agenda in the 21st century. This book will be of key interest to scholars and students of EU/European and global networks and more broadly to European and EU studies, Global Governance, International Relations, International Political Economy, and Foreign Policy and Security Studies.
Download or read book Intercultural Reconstruction written by Sibylle Hübner-Funk and published by Walter de Gruyter GmbH & Co KG. This book was released on 2000-01-14 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Reconstruction of Nations written by Timothy Snyder and published by Yale University Press. This book was released on 2004-07-11 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yet he begins with the principles of toleration that prevailed in much of early modern eastern Europe and concludes with the peaceful resolution of national tensions in the region since 1989.".
Download or read book Eurosynt written by and published by . This book was released on 1994 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt:
