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The Taxation of Fees for Technical Services on the Basis of Article 12A UN Model Convention
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 othe...
Residence and Economic Substance of Subsidiary Corporations in International and European Tax Law
Series on International Taxation Residence and Economic Substance of Subsidiary Corporations in International and European Tax Law It 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 th...
Fiscal State Aid Schemes
Fiscal State Aid Schemes Selectivity and Limits to Enforcement Sophia Piotrowski Taxation 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 m...
Customary International Law and Tax Jurisdiction
Customary International Law and Tax Jurisdiction Céline Braumann Little 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 methodo...
EU Customs Code
In a World characterised by the competing sires of protectionist pressures and globalisation, proper knowledge of customs law is an essential skill for enterprises and legal practitioners alike. This book provides the reader with an in-depth analysis of the innovations and changes found in the Union Customs Code (UCC), starting with international doctrine, attesting to the significant transformation that has taken place in customs law over the last two decades. The book also deals, in very real terms, with WTO and WCO resolutions and confirms the importance of a common interpretation of customs rules. It contains a detailed excurse on the new European customs regulations and recent case law of the European Court of justice. It is a 'must-have' because it is suitable for different types of readers. It will also appeal to academics, customs practitioners and consultants wishing to examine in depth the new customs legislation from a global and international perspective. Book jacket.
Improving VAT/GST : designing a simple and fraud-proof tax system
"This book will be an interesting and valuable tool for both regulators and practitioners alike to deepen their understanding of the various tax systems and the way certain issues are solved under different regimes, in order to encourage international trade and lay the groundwork for the removal of tax obstacles and related costs in global commerce."--Extracted from publisher website on March 25, 2014.
Cash Pooling and Insolvency
The first edition of this book was very well received. Since then, there have been a number of reasons to update the information it contains: new case law, new national legislation and recent EU initiatives. Furthermore, chapters on Estonia, Latvia and Lithuania have been added to the already impressive number of jurisdictions covered.
Diseases of the Pancreas
"This clearly laid out and easily readable encyclopedia is aimed particularly at general practitioners and students in their clinical years, as well as at specialists who desire a more in-depth knowledge of the pancreas, such as internists, gastroenterologists, surgeons, radiologists, oncologists, pathologists and pediatricians. But others will also find this to be a comprehensive reference book on the subject."--BOOK JACKET.
Taxation and Value Creation
This book examines whether the concept of value creation is a viable criterion for the allocation of taxing rights under a modernized international tax framework
