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Author: OECD Publisher: OECD Publishing ISBN: 9264162437 Category : Languages : en Pages : 89
Book Description
This report examines the practices of Member countries with regards to tax sparing and explains why Member countries have become more reluctant to grant tax sparing in treaties. It also provides a number of suggested "best practices" on the design of tax sparing provisions in tax treaties.
Author: OECD Publisher: OECD Publishing ISBN: 9264162437 Category : Languages : en Pages : 89
Book Description
This report examines the practices of Member countries with regards to tax sparing and explains why Member countries have become more reluctant to grant tax sparing in treaties. It also provides a number of suggested "best practices" on the design of tax sparing provisions in tax treaties.
Author: Organisation for Economic Co-operation and Development Publisher: Org. for Economic Cooperation & Development ISBN: Category : Business & Economics Languages : en Pages : 100
Book Description
This report examines the practices of Member countries with regards to tax sparing and explains why Member countries have become more reluctant to grant tax sparing in treaties. It also provides a number of suggested "best practices" on the design of tax sparing provisions in tax treaties.
Author: Betty Andrade Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Over 20 years after the OECD issued the 1998 Report by the Committee on Fiscal Affairs (Tax Sparing: A Reconsideration), it is appropriate to revisit the reasons that the OECD used for discouraging the use of such clauses, re-evaluating the soundness of such reasons under the current circumstances. Although tax treaties signed in the 21st century show a reduction in the use of such clauses, they are still part of international treaty practice. However, the most recent model clauses incorporate some remedies that prevent their abuse, taking into account some of the OECD's recommendations included in the 1998 Report. Tax sparing clauses are vital international instruments used to retain the effectiveness of tax incentives in respect of multinational entities by avoiding a situation in which a reduction in taxation in the host country increases taxation in the residence country. Therefore, tax sparing clauses can only be analysed considering the fundamentals of tax incentives, understanding that the former support the latter. While the OECD has advised the limited and exceptional use of tax incentives and the mechanisms for their incorporation through the use of tax sparing clauses, respect for sovereignty has been used as a strong argument against these recommendations. However, there are valid reasons justifying the full but cautious use of tax incentives and in combination with tax sparing clauses. The assessment of the adequacy of specific-purpose tax incentives will depend on a number of complex social, economic and political factors that start by analysing the financial and government systems of the state that provides the tax incentive. Tax incentives can prove to be efficient or inefficient depending on the purpose that the state pursues and the means to achieve these objectives, so it is not possible to universally sustain the inconvenience of developing countries using tax incentives as part of their tax policy. This will clearly influence the negotiation of the use of tax sparing clauses in bilateral treaties. In addition, the drafting of modern tax sparing clauses should aim to tackle their use beyond their main purpose and in line with controlled foreign corporation rules and other minimum taxation provisions as envisaged in the framework of the Pillar 2 debate.Full-text Paper.
Author: B. Andrade Rodríguez Publisher: ISBN: Category : Languages : en Pages :
Book Description
Over 20 years after the OECD issued the 1998 Report by the Committee on Fiscal Affairs (Tax Sparing: A Reconsideration), it is appropriate to revisit the reasons that the OECD used for discouraging the use of such clauses, re-evaluating the soundness of such reasons under the current circumstances. Although tax treaties signed in the 21st century show a reduction in the use of such clauses, they are still part of international treaty practice. However, the most recent model clauses incorporate some remedies that prevent their abuse, taking into account some of the OECD's recommendations included in the 1998 Report. Tax sparing clauses are vital international instruments used to retain the effectiveness of tax incentives in respect of multinational entities by avoiding a situation in which a reduction in taxation in the host country increases taxation in the residence country. Therefore, tax sparing clauses can only be analysed considering the fundamentals of tax incentives, understanding that the former support the latter. While the OECD has advised the limited and exceptional use of tax incentives and the mechanisms for their incorporation through the use of tax sparing clauses, respect for sovereignty has been used as a strong argument against these recommendations. However, there are valid reasons justifying the full but cautious use of tax incentives and in combination with tax sparing clauses. The assessment of the adequacy of specific-purpose tax incentives will depend on a number of complex social, economic and political factors that start by analysing the financial and government systems of the state that provides the tax incentive. Tax incentives can prove to be efficient or inefficient depending on the purpose that the state pursues and the means to achieve these objectives, so it is not possible to universally sustain the inconvenience of developing countries using tax incentives as part of their tax policy. This will clearly influence the negotiation of the use of tax sparing clauses in bilateral treaties. In addition, the drafting of modern tax sparing clauses should aim to tackle their use beyond their main purpose and in line with controlled foreign corporation rules and other minimum taxation provisions as envisaged in the framework of the Pillar 2 debate.
Author: Kevin Holmes Publisher: IBFD ISBN: 9087220235 Category : Double taxation Languages : en Pages : 433
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: Yariv Brauner Publisher: Edward Elgar Publishing ISBN: 0857930028 Category : Law Languages : en Pages : 411
Book Description
'Anyone working on tax policy for middle and low income countries will consider this book a must-read. Economic globalization of capital markets and multinational corporations has overtaken the abilities of many countries to tax incomes of multinationals and individual residents. From extraction industries to fiscal federalism, the papers demonstrate the importance of sound legal frameworks and formal cooperation across multiple countries and levels of government for implementing sound tax policy in developing nations.' – Michael J. Wasylenko, Syracuse University, US Comprising original essays written by top legal scholars, this innovative volume is the most comprehensive collection to date of independent academic work exploring the relationship between tax, law and development. Contributors cover a range of tax issues, drawing on economic, political, social, and institutional perspectives to offer a comprehensive view of how tax laws affect and are affected by human economic development. Hailing from across the globe, contributors offer expert insight into tax issues in China, Brazil, South Africa, India, and other developing countries. Following a thorough examination of current policy approaches to tax problems in developing nations, the writers conclude that new solutions are needed, and outline a number of groundbreaking ideas and proposals designed to mitigate many of the problems associated with tax law and economic development. Professors, students, and researchers with an interest in tax, law, development, and globalization will find much to admire in this critical and groundbreaking addition to the literature.
Author: OECD Publisher: OECD Publishing ISBN: 9264239081 Category : Languages : en Pages : 2289
Book Description
This publication is the ninth edition of the full version of the OECD Model Tax Convention on Income and on Capital. This full version contains the full text of the Model Tax Convention on Income and on Capital as it read on 15 July 2014.
Author: Mr.Victor Thuronyi Publisher: International Monetary Fund ISBN: 9781557756336 Category : Business & Economics Languages : en Pages : 734
Book Description
A comprehensive guide to income tax legislation, this book is the second of two volumes dealing with tax legislation from a comparative law perspective. Distilled from the IMF Legal Department's extensive experience, the book covers a wide range of issues in both domestic and international taxation. It also includes the most extensive bibliography currently available of the national tax laws of IMF member countries.
Author: Michael Lang Publisher: Linde Verlag GmbH ISBN: 370940911X Category : Law Languages : en Pages : 332
Book Description
This book is a unique publication that gives a global overview of international tax disputes on double tax conventions and thereby fills a gap in the area of tax treaty case law. It covers the forty-one most important tax treaty cases which were decided in 2016 around the world.
Author: OECD
Author: OECD
Author: Organisation for Economic Co-operation and Development
Author: 
Author: Betty Andrade
Author: B. Andrade Rodríguez
Author: Kevin Holmes
Author: Yariv Brauner
Author: OECD
Author: Mr.Victor Thuronyi
Author: Michael Lang