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Author: Alexander Weisser Publisher: Éditions juridiques libres / Freier juristischer Verlag ISBN: 2889540316 Category : Business & Economics Languages : en Pages : 594
Book Description
Cloud computing may be borderless, but taxes are territorial. It is easy to imagine how the two concepts can clash. Much effort has gone into harmonizing tax rules across borders with the result that many jurisdictions have very similar tax rules. Even so, taxation remains a basic expression of national sovereignty. The goal of this thesis is to examine how international tax law applies to the cross-border cloud computing business. Both, multinational providers and customers of cloud computing services are analyzed. Reflecting three traditional areas of international tax scholarship, the goal could be stated in three questions. Which jurisdictions have the right to tax? What kinds of cloud computing transactions can be taxed? What amount of the profit is taxable? In more technical terms, this means enquiring into how the use of cloud computing affects the permanent establishment status of taxpayers, how the different kinds of cloud computing transactions are characterized under international double taxation treaties, and how the calculation of taxable cloud computing profit is affected by transfer pricing. In light of the current political events, the thesis also offers recommendations de lege lata through a systematic approach. Its first part assesses the current taxation of cloud computing. The second part evaluates whether the findings of this initial assessment conform to various superior principles of good rulemaking. It identifies which of the present tax rules ought to be adapted. The final part considers how the rules could be amended to become more compliant with the superior principles. In this way, Part I embodies the thesis, Part II the antithesis, and Part III seeks a synthesis.
Author: Alexander Weisser Publisher: Éditions juridiques libres / Freier juristischer Verlag ISBN: 2889540316 Category : Business & Economics Languages : en Pages : 594
Book Description
Cloud computing may be borderless, but taxes are territorial. It is easy to imagine how the two concepts can clash. Much effort has gone into harmonizing tax rules across borders with the result that many jurisdictions have very similar tax rules. Even so, taxation remains a basic expression of national sovereignty. The goal of this thesis is to examine how international tax law applies to the cross-border cloud computing business. Both, multinational providers and customers of cloud computing services are analyzed. Reflecting three traditional areas of international tax scholarship, the goal could be stated in three questions. Which jurisdictions have the right to tax? What kinds of cloud computing transactions can be taxed? What amount of the profit is taxable? In more technical terms, this means enquiring into how the use of cloud computing affects the permanent establishment status of taxpayers, how the different kinds of cloud computing transactions are characterized under international double taxation treaties, and how the calculation of taxable cloud computing profit is affected by transfer pricing. In light of the current political events, the thesis also offers recommendations de lege lata through a systematic approach. Its first part assesses the current taxation of cloud computing. The second part evaluates whether the findings of this initial assessment conform to various superior principles of good rulemaking. It identifies which of the present tax rules ought to be adapted. The final part considers how the rules could be amended to become more compliant with the superior principles. In this way, Part I embodies the thesis, Part II the antithesis, and Part III seeks a synthesis.
Author: A. Weisser Publisher: ISBN: 9782889540303 Category : Languages : en Pages : 523
Book Description
Cloud computing may be borderless, but taxes are territorial. It is easy to imagine how the two concepts can clash. Much effort has gone into harmonizing tax rules across borders with the result that many jurisdictions have very similar tax rules. Even so, taxation remains a basic expression of national sovereignty. The goal of this thesis is to examine how international tax law applies to the cross-border cloud computing business. Both, multinational providers and customers of cloud computing services are analyzed. Reflecting three traditional areas of international tax scholarship, the goal could be stated in three questions. Which jurisdictions have the right to tax? What kinds of cloud computing transactions can be taxed? What amount of the profitt is taxable? In more technical terms, this means enquiring into how the use of cloud computing affects the permanent establishment status of taxpayers, how the different kinds of cloud computing transactions are characterized under international double taxation treaties, and how the calculation of taxable cloud computing profit is affected by transfer pricing. In light of the current political events, the thesis also offers recommendations de lege lata through a systematic approach. Its first part assesses the current taxation of cloud computing. The second part evaluates whether the findings of this initial assessment conform to various superior principles of good rulemaking. It identifies which of the present tax rules ought to be adapted. The final part considers how the rules could be amended to become more compliant with the superior principles. In this way, Part I embodies the thesis, Part II the antithesis, and Part III seeks a synthesis.
Author: Sterling Jones Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Informational Technology (IT) services today form a core component of most multinational enterprises in their mission to deliver goods and services and realize a profit. Cloud computing is the newest mechanism to deliver IT goods and services. Given this new global market place, international taxation systems have not grown as fast the economy. These conditions create opportunities for Multinational Enterprises (MNE) to structure their operations, particularly IT and cloud computing, in a way to minimize their tax burdens through location in low or no tax jurisdictions. This results in a diminution in tax revenue, or base erosion, and is the consequence of intangibles being shifted to no or low tax jurisdictions with the corresponding income they generate, being attributed to those jurisdictions and taxed accordingly under existing frameworks. As a result, there exist gaps within this international framework that lead to low or no taxation and stranded cash offshore. The OECD coined the term Base Erosion Profit Shifting, or BEPS, to describe this issue. Cloud computing is the most recent iteration of base erosion and profit-shifting that is facing multinational enterprises and taxing sovereigns. BEPS is the taxation practice of shifting income to alternate low or no tax jurisdictions. MNEs accomplish this by shifting intangible items that generate income, such as royalties, rentals, and leases, to entities in jurisdictions that levy low or no tax. The resulting diminution in the home country's tax revenue base generated enough concern amongst the G-20 that they petitioned the OECD to address BEPS and prepare an Action Plan. The resulting action plan addresses BEPS in a broad fashion, however, for purposes of this paper, it will focus on BEPS as it pertains to Cloud Computing to highlight some of the major issues facing MNEs, law firms, accountants, and taxing sovereigns.
Author: J.Á Gómez Requena Publisher: ISBN: Category : Languages : en Pages :
Book Description
The digitalization of the economy is giving rise to several tax issues. Although some problems are typical and have been highlighted by tax experts for many years, with the tremendous growth of the digital economy they have only been exacerbated. Nevertheless, there are specific issues that have arisen due to the digitalization of the economy, such as the nexus issue for permanent establishments, the tax treatment of data collected through the Internet and the appropriate characterization of income derived from new business models. This article analyses the tax treatment of two of these models that are widespread, namely cloud-based services and 3D printing services. After noting the relevant characteristics of the tax issues, the article studies the treatment under tax treaties, taking into account the OECD Model Convention and the Commentary thereon, as well as the position of the Spanish tax administration. This study uses the tax treatment of software and digital products, as addressed in the Commentary on Article 12 of the OECD Model, and the Spanish Observation to that Commentary, in order to build a framework of the potential tax treatment among business profits, royalties and capital gains. Finally, the author defends the characterization of both cloud computing and 3D printing payments as a tool to align tax with the place of value creation through a new interpretation of the concept of royalties in the Commentary on the OECD Model following the approach of the Spanish tax administration.
Author: Eduardo Baistrocchi Publisher: Cambridge University Press ISBN: 1108150381 Category : Law Languages : en Pages : 2216
Book Description
This two-volume set offers an in-depth analysis of the leading tax treaty disputes in the G20 and beyond within the first century of international tax law. Including country-by-country and thematic analyses, the study is structured around a novel global taxonomy of tax treaty disputes and includes an unprecedented dataset with over 1500 leading tax treaty cases. By adopting a contextual approach the local expertise of the contributors allows for a thorough and transparent analysis. This set is an important reference tool for anyone implementing or studying international tax regulations and will facilitate the work of courts, tax administrations and practitioners around the world. It is designed to complement model conventions such as the OECD Model Tax Convention on Income and on Capital. Together with Resolving Transfer Pricing Disputes (2012), it is a comprehensive addition to current debate on the international tax law regime.
Author: Organisation for Economic Co-operation and Development Publisher: Organisation for Economic Co-operation and Development ; Washington, D.C. : OECD Publications and Information Centre ISBN: Category : Law Languages : en Pages : 60
Book Description
This publication examines the circumstances under which income is to be attributed to a permanent establishment for purposes of an income tax treaty, particularly where goods, services, or intangibles are transferrred between the permanent establishment and the home office or another permanent establishment in a third country.
Author: Annika Streicher Publisher: Linde Verlag GmbH ISBN: 3709413001 Category : Law Languages : en Pages : 533
Book Description
The challenges and opportunities of new technologies in the tax field Technological developments induced major reforms in the regulatory international and domestic tax landscapes as well as in the developments in the use of technology by tax administrations and taxpayers. New technology, especially the innovations in virtual asset-light cross-border business organizations, data analytics, service and process automation, on one hand, disrupted the well-established legal tax principles and rules and, on the other, stimulated informed data-driven and structured solutions in tax compliance. Technological advances affected nearly every area and each aspect of taxation: Direct tax regulations, indirect tax law, and tax procedures including tax compliance, and tax control functions. International organizations such as the Organization for Economic Co-operation and Development (OECD), the United Nations (UN), and the European Commission as a supranational organization fostered critical legislative reforms and proposals among which are the OECD Two-Pillar Solution to Address the Tax Challenges Arising from Digitalisation of the Economy, Article 12B of the UN Model Tax Convention to tax automated digital services, new rules for tracing transfers of crypto-assets in the EU, as well as the EU ́s VAT e-commerce package and "VAT in the Digital Age" package. While these proposals aim to address a wide range of the benefits and challenges of Economy 4.0, certain questions arise concerning the consistency of the legislative developments with their initial objectives, the appropriateness of the legal form for the economic substance of the regulated relations for the effectiveness of the regulations as well as their coherence. This volume contains a collection of scientific chapters on the general topic "Tax and Technology" that were successfully completed by the 2022/2023 LL.M. graduates of the Institute for Austrian and International Tax Law, WU. The volume is divided into three parts that contain the contributions dealing with the impact of the technology on international tax law, indirect tax law, and procedural law. Each chapter provides an in-depth analysis of a unique research question aiming to innovatively contribute to the current debate and develop a practical approach for implementing the findings.
Author: L. Fjord Kjærsgaard Publisher: ISBN: Category : Languages : en Pages :
Book Description
The author analyses the options available to user jurisdictions for taxing the value generated by cloud computing service providers. The focus is on the challenges of allocating the taxing right to payments for cloud computing provided as a service in the form of Infrastructure-as-a-Service, Platform-as-a-Service and Software-as-a-Service, deployed as both public and private cloud computing. More specifically, the focus is on mixed contracts, the distinction between business income and royalties and whether the provision of such services constitute a permanent establishment. The analysis is primarily based on the OECD Model Tax Convention on Income and on Capital, but some relevant derogations and national practices are also considered. Among other things, it is concluded that the user jurisdictions, pursuant to the current international tax regime, will, under certain circumstances, be precluded from taxing the income of foreign cloud computing service providers, as cloud computing service providers may be able to deliver their digital services from remote locations while structuring their business around potential withholding taxes. Against this background, value creation and the fundamental principles of legal certainty, neutrality and the ability to pay tax are discussed. Finally, it is recommended that policymakers assess the full effects of the changes made in the tenth update to the OECD Model Tax Convention on Income and on Capital (21 November 2017) before introducing new measures.
Author: John Abrahamson Publisher: Kluwer Law International B.V. ISBN: 9403510951 Category : Law Languages : en Pages : 448
Book Description
Banking is an increasingly global business, with a complex network of international transactions within multinational groups and with international customers. This book provides a thorough, practical analysis of international taxation issues as they affect the banking industry. Thoroughly explaining banking’s significant benefits and risks and its taxable activities, the book’s broad scope examines such issues as the following: taxation of dividends and branch profits derived from other countries; transfer pricing and branch profit attribution; taxation of global trading activities; tax risk management; provision of services and intangible property within multinational groups; taxation treatment of research and development expenses; availability of tax incentives such as patent box tax regimes; swaps and other derivatives; loan provisions and debt restructuring; financial technology (FinTech); group treasury, interest flows, and thin capitalisation; tax havens and controlled foreign companies; and taxation policy developments and trends. Case studies show how international tax analysis can be applied to specific examples. The Organisation for Economic Co-operation and Development Base Erosion and Profit Shifting (OECD BEPS) measures and how they apply to banking taxation are discussed. The related provisions of the OECD Model Tax Convention are analysed in detail. The banking industry is characterised by rapid change, including increased diversification with new banking products and services, and the increasing significance of activities such as shadow banking outside current regulatory regimes. For all these reasons and more, this book will prove to be an invaluable springboard for problem solving and mastering international taxation issues arising from banking. The book will be welcomed by corporate counsel, banking law practitioners, and all professionals, officials, and academics concerned with finance and its tax ramifications.
Author: Alexander Weisser
Author: Alexander Weisser
Author: A. Weisser
Author: Sterling Jones
Author: J.Á Gómez Requena
Author: Eduardo Baistrocchi
Author: Organisation for Economic Co-operation and Development
Author: Annika Streicher
Author: L. Fjord Kjærsgaard
Author: OECD
Author: John Abrahamson