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Preventing Treaty Abuse
Analysis of notion, roots und measures of treaty abuse The OECD initiative on Base Erosion and Profit Shifting has put the issue of treaty abuse and the means to counter it on top of the global political agenda. Preventing treaty abuse is therefore currently one of the most debated topics in international tax law. Diverging national legal traditions in combatting abuse both under domestic and tax treaty law have led to a globally diversified legal framework in this respect and make the OECD’s agenda to harmonize these attempts even more challenging. The aim of this book is to analyze the notion of treaty abuse, its historical roots and the measures to counter it. The book’s topics cover ...
The Impact of Community Law on Tax Treaties:Issues and Solutions
Study on the question of harmonization of direct taxation among European Community Member States: how Member States must comply with EC Law as they apply their tax treaties, how EC law regulates cross-border tax issues within the Community, and how EC law affects tax treaties between EU Member States and third countries. The book provides expert commentary on 27 leading tax cases from the European Court of Justice, and gives the proposal of EC Model Tax Convention, which combines existing provisions of international tax law with the principles of Community tax law.
Permanent Establishments
Permanent Establishments (PEs) are a key facet of international taxation. They constitute the crucial threshold for the assignment of taxing rights to a jurisdiction in all cases of enterprises operating in more than one country. The issue of whether there is a PE, and how much profit should be allocated to it, is an increasingly important factor in tax planning, tax accounting, tax compliance, and related tax risk management. Groundbreaking developments have reshaped the face of the classical PE concept during the year 2017. Following action item no. 7 of the Anti-BEPS efforts of G20 and OECD, the OECD has presented the Multilateral Instrument (MLI) on Base Erosion and Profit Shifting in Ju...
Europa
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The Attribution of Profits to Permanent Establishments
"The attribution of profits to permanent establishments (PEs) is probably one of the most complex subjects of the international tax arena. The interaction of treaty rules and domestic legislations sometimes leads to unacceptable results such as double taxation or double non-taxation. This book compares the tax treatment of cross-border dealings between different parts of the same enterprise in several countries."--Extracted from publisher website on June 29, 2016
Courts and Tax Treaty Law
A detailed and comprehensive study of the issues faced by judiciaries when dealing with tax treaty law cases. It begins with an overview of some of the questions that domestic courts have to deal with when facing treaty cases. It then provides a comparative look into the structure of tax judiciaries and the issues raised by the burden of proof in cases dealing with the application of tax treaties. The different approaches of judiciaries of common law and civil law countries are also taken into consideration. A particular focus is devoted to the interaction between European law principles and bilateral tax treaties, both from the point of view of national judges and the Court of Justice of th...
In Permanent Transit
In Permanent Transit: Discourses and Maps of the Intercultural Experience builds interdisciplinary approaches to the study of migrations, traffics, globalisation, communication, regulations, arts, literature, and other intercultural processes, in the context of past and present times. The book offers a convergence of perspectives, combining conceptual and empirical work by sociologists, anthropologists, historians, linguists, educators, lawyers, media specialists, and literary studies writers, in their shared attempt to understand the many routes of the intercultural experience. This Permanent Transit generates an overlapping of cultures, characteristic of a site of cultural translation. In ...
The Political Economy of Italy in the Euro
This book proposes an alternative political economy framework in which to analyse the question of the credibility of international economic agreements, in general, and monetary arrangements in particular. The focus is on European monetary arrangements, from the establishment of the European Monetary System to the crisis of the Euro-zone. The analysis is predicated around the political economy of Italy’s access and permanence in the Economic and Monetary Union (EMU). The author argues that the case of Italy, which made a concerted effort to join the EMU in the first wave, is particularly striking. Support for the single currency was widespread when it was introduced, yet something went wrong. Nowadays, its participation to the European monetary integration process cannot be easily taken for granted, especially after the vicissitudes of the Euro-zone crisis.
