Cross-border Tax Arbitrage and the Changing Structure of International Tax Law PDF Download

Author: Luca Dell'Anese
Publisher:
ISBN:
Category : Tax evasion (International law)
Languages : en
Pages : 684

View

Book Description

Author: Luca Dell'Anese
Publisher:
ISBN: 9788823841314
Category : Business & Economics
Languages : en
Pages : 270

View

Book Description

Author: Nigel Feetham
Publisher: Spiramus Press Ltd
ISBN: 1907444432
Category : Business & Economics
Languages : en
Pages : 209

View

Book Description
Press coverage has often shown little understanding of the distinction between tax avoidance and tax evasion, describing the legitimate behaviour of taxpayer banks, financial institutions and multinational businesses in emotive terms and often inaccurately. This book aims to look at tax arbitrage, and demystify its practice.

Author: Gaspar Lopes Dias V.S.
Publisher: Kluwer Law International
ISBN: 9789041158758
Category : Law
Languages : en
Pages : 0

View

Book Description
This book explores tax arbitrage opportunities resulting from financial engineering techniques with cross-border financial instruments such as hybrids, synthetics, and non-traditional financial instruments. Firstly the author clarifies the concept of three kinds of complex financial instruments, and thereafter he discusses the most adequate tax treatment of these instruments in cross-border situations. For this purpose he identifies economic substance as an objective benchmark for the taxation of financial instruments to achieve greater international tax neutrality, and examines the role of the expected return taxation theory. The book also contains a comparative analysis of relevant developments in a number of jurisdictions, including Australia, Belgium, Brazil, Luxembourg, Portugal, UK and USA.

Author: Andreas Waltrich
Publisher: Kluwer Law International B.V.
ISBN: 9041168389
Category : Law
Languages : en
Pages : 362

View

Book Description
The permanent establishment (PE) is a legal form of cross-border direct investment whereby a business presence is maintained as an integral part of the foreign investor. Due to the growing intensity and complexity of international business relations, the PE defi¬nition and the allocation of profi¬ts between head units and PEs have become highly contentious, especially from the perspectives of the major emerging economies of the BRIC countries (Brazil, Russia, India, and China). Unsurprisingly, the potential for tax avoidance and the scrutiny of tax authorities have increased enormously. Against this background, this work illustrates and compares the OECD Model Tax Convention with country-specifi¬c source taxation rules, focusing on possible tax system changes and offering reform proposals. Emphasizing the taxable implications of the various rules upon country-speci¬fic PE concepts, the author’s treatment covers such issues and topics as the following: – the PE de¬finition of the OECD MC and from the perspective of selected countries; – allocation of business pro¬fits under the Authorised OECD Approach (AOA); – avoidance of PE status; – implementation of a service PE proposal; – construction site PEs established by subcontractors; – existence of an agency PE; and – the OECD project on Base Erosion and Profi¬t Shifting (BEPS). The author uses simulated cross-border national and treaty cases to highlight qualifi¬cation conflicts, thus reinforcing his detailed discussion of source taxation rules of business profi¬ts and relevant case law in Germany, the United States, and the BRIC states. There is also a checklist detailing how companies can avoid unintentionally setting up a PE. The author’s deeply informed proposals provide much-needed guiding tax criteria and open the way to greater feasibility and transparency in PE taxation. Because the defi¬nition of PEs has enlarged and the treatment of profi¬t allocation has become more complex, the clari¬fication of the PE concept presented in this book is of inestimable importance for lawyers, of¬ficials, policymakers, and academics concerned with international business taxation in any jurisdiction.

Author: Jérôme Monsenego
Publisher: Kluwer Law International B.V.
ISBN: 9041192697
Category : Law
Languages : en
Pages : 483

View

Book Description
This book contains essays written in honour of Prof. Dr Bertil Wiman, a renowned tax scholar and much-appreciated teacher. Prof. Wiman is one of the founding members of EATLP, former chairman of EATLP and former vice president of IFA. The essays cover various topics in the field of international tax law, with a major focus on corporate taxation, an area to which Prof. Dr Bertil Wiman has dedicated most of his research. The book includes authoritative analyses by acknowledged experts on several key international tax topics, which illustrates the growing complexity of this area together with its rapid evolution. The book contains analyses of key international topics, such as: the tax challenges of the digitalisation of the economy; the resolution of international tax disputes; the principles for the taxation of corporations; EU tax law; transfer pricing; and tax treaty law. The depth of the essays contained in this book mirrors the importance of the contributions of Prof. Dr Bertil Wiman to the international tax community. It will also prove of great value to policymakers, tax practitioners and academics.

Author: Tsilly Dagan
Publisher: Cambridge University Press
ISBN: 1108547168
Category : Law
Languages : en
Pages : 263

View

Book Description
Bringing a unique voice to international taxation, this book argues against the conventional support of multilateral co-operation in favour of structured competition as a way to promote both justice and efficiency in international tax policy. Tsilly Dagan analyzes international taxation as a decentralized market, where governments have increasingly become strategic actors. While many of the challenges of the current international tax regime derive from this decentralized competitive structure, Dagan argues that curtailing competition through centralization is not necessarily the answer. Conversely, competition - if properly calibrated and notwithstanding its dubious reputation - is conducive, rather than detrimental, to both efficiency and global justice. International Tax Policy begins with the basic normative goals of income taxation, explaining how competition transforms them and analyzing the strategic game states play on the bilateral and multilateral level. It then considers the costs and benefits of co-operation and competition in terms of efficiency and justice.

Author: Kevin Holmes
Publisher: IBFD
ISBN: 9087220235
Category : Double taxation
Languages : en
Pages : 433

View

Book Description
Explains the concepts that underlie international tax law and double tax treaties and provides an insight into how international tax policy, law and practice operate to ultimately impose tax on international business and investment.

Author: Stephen A. Whittington
Publisher:
ISBN:
Category : Arbitrage
Languages : en
Pages : 49

View

Book Description

Author: Samuel C. Thompson
Publisher:
ISBN: 9781611631807
Category : Aliens
Languages : en
Pages : 0

View

Book Description
To view or download the 2018 Supplement to this book, click here. This book addresses the federal income tax treatment of (1) foreign individuals and corporations in the U.S. (i.e., inbound transactions), and (2) U.S. individuals and corporations abroad (i.e., outbound transactions). After considering basic principles and treaties in Part I, Part II deals with inbound transactions; Part III addresses outbound transactions; and Part IV focuses on cross-border mergers and acquisitions. In many chapters the book compares the U.S. approach with the approach taken under the income tax law of South Africa, which has an income tax treaty with the U.S.