Download or read book The 21st Century Multilateralism in International Taxation the Emperor s New Clothes written by R. García Antón and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution attempts to shed light on the concept of multilateralism in international taxation. Rather than a shift from bilateralism to multilateralism, the author argues that unilateralism, bilateralism and multilateralism continuously overlap in this field. This flawed narrative in relation to the shift may allow us to think that the base erosion and profit shifting (BEPS) Project and global transparency in exchanges of information are leading to a global tax law: global decision-making and better solutions for developed as well as for non-developed countries. Instead, the author claims that the current multilateral frameworks are premised on the benefits principle, which reinforces the division between developed and non-developed countries. The increase in global inequalities and poverty have led the author to propose a different multilateral framework on international taxation based on the idea of distributive justice. In other words, a multilateral framework that moves away from the dichotomy of source versus residence taxation to embrace solidarity is both desirable and feasible. Finally, the article acknowledges the fact that regional integration processes, defined as "thick multilateralism", already encapsulate harmonization mechanisms and an idea of justice among the EU Member States that strengthen the struggle against the existing inequalities and asymmetries.

Download or read book The 21st Century Multilateralism in International Taxation written by Ricardo Garcia Anton and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution attempts to shed light on the concept of multilateralism in international taxation. Rather than a shift from bilateralism to multilateralism, the author argues that unilateralism, bilateralism and multilateralism continuously overlap in this field. This flawed narrative in relation to the shift may allow us to think that the base erosion and profit shifting (BEPS) Project and global transparency in exchanges of information are leading to a global tax law: global decision-making and better solutions for developed as well as for non-developed countries. Instead, the author claims that the current multilateral frameworks are premised on the benefits principle, which reinforces the division between developed and non-developed countries. The increase in global inequalities and poverty have led the author to propose a different multilateral framework on international taxation based on the idea of distributive justice. In other words, a multilateral framework that moves away from the dichotomy of source versus residence taxation to embrace solidarity is both desirable and feasible. Finally, the article acknowledges the fact that regional integration processes, defined as "thick multilateralism", already encapsulate harmonization mechanisms and an idea of justice among the EU Member States that strengthen the struggle against the existing inequalities and asymmetries.Full-text Paper.

Download or read book A Multilateral Convention for Tax written by Sergio André Rocha and published by Kluwer Law International B.V.. This book was released on 2021-11-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is the most forceful multilateral initiative to coordinate tax regimes on a worldwide basis since the dawn of modern income taxation over a century ago. This book evaluates two radically opposed viewpoints on the convention—a momentous and revolutionary paradigm shift versus a mechanism that merely continues an ongoing flow of limited policy coordination—with detailed investigations that bring to life the hopes and the realities of the current era of multilateral tax cooperation. Bringing together authors from national jurisdictions across the globe to scrutinize the MLI and its likely future ramifications, the book provides in-depth commentary and analysis in the following sequence: first, a comprehensive discussion of the design and goals of the MLI as a treaty and an institutional framework; second, an overview of the structure of the convention and its take-up across the globe to date; and third, the substantive implementation of the MLI with a wide range of country reports. Practice areas covered include tax law, international law, and international relations. The legal workings and implications of the MLI might still seem mysterious to those whose daily work is impacted by it, and there is as yet little jurisprudence regarding its legal nature or ultimate effect on the bilateral treaties coming within its scope. For these reasons, this pathbreaking book will be warmly welcomed by in-house counsel and law firms advising cross-border investors and firms; nongovernmental organizations involved in policy analysis and issue advocacy; researchers working on technical areas of international tax law; and lawyers interested in international policymaking, including the creation and diffusion of consensus-based fiscal and related regulatory norms across jurisdictions of differing development levels.

Download or read book Looking Ahead Inter National Law in 21st written by D.M. Broekhuijsen and published by Springer. This book was released on 2002-03-21 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many states have set out to develop a multilateral tax instrument with the purpose of amending bilateral treaties in a quick and comprehensive fashion. The recent adoption by as many as a hundred jurisdictions of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the OECD Multilateral Instrument) is the most prominent step in this direction. This book provides not only a detailed analysis of the OECD Multilateral Instrument but also discusses in depth the far-reaching implications of the international tax reform currently under way. The author shows how the BEPS Project has merely unveiled the problems related to bilateral tax relationships and articulates initiatives to ensure the sustainability of a multilateral consensus. Drawing on the fields of international law, international relations, and political science, he develops a design strategy, complete with draft clauses, that fundamentally transforms the way states cooperate in the field of international tax, effectively addressing such problems as the following: – the need for collective action; – the problem structure of multilateral tax cooperation; – the relevance of the OECD Model Tax Convention and Commentaries thereon; – the place, position and operation of the OECD Multilateral Instrument; – non-OECD member countries; and – treaty shopping. The principled and pragmatic structural solution presented would allow policymakers to continuously adapt and respond to the rapidly evolving nature of the global economy. The author’s original research and his recommendations for future development of the topic offer deeply informed guidance to policymakers, practitioners and other tax professionals, and academics.

Download or read book Unilateralism Bilateralism and Multilateralism in International Taxation written by Keigo Fuchi and published by . This book was released on 2019 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: We have several kinds of measures for mitigating or eliminating international double taxation and stimulating international trade. Some of them are unilateral, the others are bilateral, and still others are multilateral. A natural question here: why we have all these measures? The answer lies in the historical development of international tax system. In the early days of income taxation, countries implemented unilateral measures to mitigate international double taxation. The United Kingdom adopted the Dominion Income Tax Relief. The United States introduced rather generous measures, the foreign tax credit. Other countries allowed tax credit for foreign income tax or exempted foreign income altogether. These unilateral measures are still in place. Beginning in the 1930s, countries have concluded bilateral tax treaties to eliminate double taxation completely or to encourage trade between two countries. If the countries had successfully concluded a multilateral tax treaty in the 1930s, bilateral tax treaties would not have proliferated today. Even though we don't have any multilateral tax treaties, we have tax norms based on a multinational consensus. The OECD has developed its model tax treaty and guidelines for transfer pricing. Recently, G20/OECD published reports on their project against base erosion and profit shifting (BEPS). In sum, partly because of a historical coincidence, all three kinds of measures are and will be in place in the field of international taxation.

Download or read book Multilateral Tax Treaties written by Michael Lang and published by . This book was released on 1998 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a result of a research project conducted at the Department for Austrian and International Tax Law at the University of Economics and Business Administration in Vienna. The project's aim was to produce a draft multilateral tax treaty modelled on the OECD Model Income Tax Convention, whilst examining in detail difficulties that arise in connection with the multilateralisation of the OECD Model. The expert papers also present a detailed analysis of the arguments for and against the conclusion of a multilateral tax treaty, and of the various European law issues that arise in this context.

Download or read book International and EU Tax Multilateralism Challenges Raised by the MLI written by Ana Paula Dourado and published by . This book was released on 2020 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive discussion of the meaning of multilateralism in international taxation, as well as the impact of the BEPS Project in the move towards international tax multilateralism.

Download or read book Challenges to Multilateralism in International Taxation a Tale of Two Measures written by Suranjali Tandon and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article traces the history of the existing international taxation system and presents evidence to suggest that the respective economic interests of countries remain misaligned. The base erosion and profit shifting (BEPS) Project is ambitious, and its success requires a multilateral setting. This article presents evidence on two key BEPS initiatives in order to evaluate the future of multilateralism: the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) and taxation of the digital economy. The current list of signatories and parties to the MLI and the measures which have been adopted to tax digitalised businesses present a challenge to the multilateral setting. The question of how taxing rights should be allocated must be addressed while also closing the door on tax avoidance. Thus the fate of multilateralism, as will be shown, now rests even more precariously on there being a broad consensus.

Download or read book Tax Multilateralism in Regional Economic Communities written by Daniel Olika and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of economic globalization, the need to prevent unilateralism from impeding globalization, and the corresponding development of bilateral tax treaty networks in the early 20th century have been responsible for the bilateralism that characterized the international tax law and policy of the past century. However, with the creation of the European Union and the creation of other regional economic communities (RECs) in the decades that followed; there has been a steady manifestation of multilateralism (in addition to bilateralism) in international tax policymaking - both in terms of multilateral tax treaties and multilateral tax directives. Despite resistance by various countries to multilateral tax policymaking for reasons of tax sovereignty etc., the growth and development of this trend have seemed almost unavoidable. Bolstered by the financial crisis and the drive to replace the century-old international tax policies, built on bilateralism, that have made harmful tax competition possible; the Organisation for Economic Cooperation and Development (OECD) has taken multilateralism in international tax policy even further with its work on the Inclusive Framework and the development of a multilateral tax treaty to avoid base erosion and profit shifting (BEPS). It is becoming clearer that multilateralism, despite its limitations and the resistance towards it, is critical in redefining the international tax policy of the future. Yet, arguments remain about the efficacy of multilateralism in international tax policymaking where countries have different growth agendas, sizes, and capacities. One area where this debate on tax multilateralism continues to feature; is with respect to RECs where there is the need to ensure the free flow of capital and trade, and to prevent harmful tax competition between member states which could adversely affect revenue mobilization and tax harmonization/ coordination. Thus, this paper contributes to the literature on tax multilateralism in RECs by interrogating the conceptual foundations for tax multilateralism and assessing its suitability for ensuring tax harmonization/ coordination, preventing harmful tax competition, and driving revenue mobilization in RECs.

Download or read book A Multilateral Tax Treaty written by Dirk M. Broekhuijsen and published by . This book was released on 2018-03 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many states have set out to develop a multilateral tax instrument with the purpose of amending bilateral treaties in a quick and comprehensive fashion. The recent adoption by as many as a hundred jurisdictions of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the OECD Multilateral Instrument) is the most prominent step in this direction. This book provides not only a detailed analysis of the OECD Multilateral Instrument but also discusses in depth the far-reaching implications of the international tax reform currently under way. The author shows how the BEPS Project has merely unveiled the problems related to bilateral tax relationships and articulates initiatives to ensure the sustainability of a multilateral consensus. Drawing on the fields of international law, international relations, and political science, he develops a design strategy, complete with draft clauses, that fundamentally transforms the way states cooperate in the field of international tax, effectively addressing such problems as the following: - the need for collective action; - the problem structure of multilateral tax cooperation; - the relevance of the OECD Model Tax Convention and Commentaries thereon; - the place, position and operation of the OECD Multilateral Instrument; - non-OECD member countries; and - treaty shopping. The principled and pragmatic structural solution presented would allow policymakers to continuously adapt and respond to the rapidly evolving nature of the global economy. The author's original research and his recommendations for future development of the topic offer deeply informed guidance to policymakers, practitioners and other tax professionals, and academics.

Download or read book Tax Treaty Interpretation written by Sergio André Rocha and published by . This book was released on 2022-11-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the normative concepts referred to in tax treaties are susceptible to contextual variation, the rules embedded in such treaties cannot be applied without interpretation. In this incomparable book, an internationally known tax law practitioner and scholar draws on decades of knowledge-gathering to present a deeply evolved general theory of tax treaty interpretation, thoroughly discussing the starting points and elements of interpretation that should be considered by all stakeholders in the field of international taxation. In the course of his rigorous commentary, the author invokes the established canons that apply to the interpretation of tax treaties, including the Vienna Convention on the Law of Treaties and the OECD and UN Model Conventions. He presents a detailed investigation of the implications for tax treaty interpretation of such topics and issues as the following: essential concepts such as "context" and "qualification"; evolution of international taxation from bilateralism to multilateralism; specific interpretation issues raised by bilateral tax treaties; economic crises as drivers for changes in international taxation rules; the OECD/G-20 BEPS project; digitalization of the economy; pandemic, war, and deglobalization; interpretation of international treaties versus interpretation of domestic laws; and interpretation of double tax conventions in countries that are not OECD members. In the absence of a declaration of international tax principles, this book's in-depth analysis of the theory of interpretation of international tax treaties--given the risks of interpreting treaties with different jurisdictions and different languages--will ensure an appropriate understanding of the current context of international taxation, providing practitioners and policymakers with a fully informed background that will guide the interpretation of any international tax treaty.

Download or read book A New Age of Multilateralism in International Taxation written by Jung-hong Kim and published by . This book was released on 2016 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the OECD/G20 BEPS pr ...

Download or read book Multilateralism Versus the International Fiscal Problems of the 21st Century written by G. Sánchez-Archidona Hidalgo and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiscal multilateralism is a trend. This article analyses the relationship between the main fiscal problems affecting the international community - international tax fraud and base erosion - and multilateral fiscal solutions articulated - the BEPS multilateral instrument (OECD) and the common consolidated corporate tax base (CCCTB) proposal (European Union). It also reflects briefly on the degree of responsibility of both States and multinational companies concerning base erosion. The article also analyses whether there is a new principle of international tax law based on the multilateralism of fiscal solutions.

Download or read book Multilateral Dynamics in Bilateral Settings Back to Realpolitik written by R. García Antón and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article attempts to shed light on the meaning of multilateralism in international taxation. Reconstructing multilateralism in international taxation, namely under the recent Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (OECD MLI), illustrates the co-existence of different layers of governance and pinpoints the tensions which exist between the progressive reaffirmation of global consensual standards, which are tailored to the needs of developed countries in favour of residence taxation, and bilateral solutions. Under this polyhedral model of tax governance, the so-called shift from bilateralism to multilateralism illustrates the symbolical aspiration of these global consensual standards to become customary international law.

Download or read book A New Multilateralism for the 21st Century written by Ms.Christine Lagarde and published by International Monetary Fund. This book was released on 2014-02-03 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter presents the content of the Richard Dimbleby lecture, which has been delivered by an influential business or a political figure every year since 1972. Christine Lagarde, Managing Director of the IMF, delivered the 2014 lecture at Guildhall in London on February 3. The 44 nations gathering at Bretton Woods have been determined to set a new course based on the principle that peace and prosperity flow from the font of cooperation. Fundamentally, the new multilateralism needs to instil a broader sense of social responsibility on the part of all players in the modern global economy. A renewed commitment to openness and to the mutual benefits of trade and foreign investment is requested. It also requires collective responsibility for managing an international monetary system that has travelled light-years since the old Bretton Woods system. The collective responsibility would translate into all monetary institutions cooperating closely mindful of the potential impact of their policies on others.

Download or read book International and EU Tax Multilateralism Challenges Raised by the MLI written by Ana Paula Dourado and published by . This book was released on 2020 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive discussion of the meaning of multilateralism in international taxation, as well as the impact of the BEPS Project in the move towards international tax multilateralism.

Download or read book International Taxation and the Challenges for Multilateralism in the Context of the OECD Multilateral Instrument written by M.L. Gomes and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this article is to critically assess the feasibility of the OECD Multilateral Instrument (MLI) to implement treaty-related measures to counter base erosion and profit shifting (BEPS) practices as proposed in Action 15 of the OECD/G20 Base Erosion and Profit Shifting initiative.