Intertax最新文献_第6页

Tax In History: Acknowledging (Celebrating? Regretting?) Sixty Years of Subpart F 历史上的税收:承认(庆祝)?后悔?)第六部分六十年

IF 0.6

Intertax Pub Date : 2023-05-01 DOI: 10.54648/taxi2023042

J. Fleming

引用次数: 0

The Arrival Of The New Beps Pe Clause In Actual Tax Treaties Via The Mli: Impact, Risks And Need For Further Regulatory Changes (Particular Focus On Spain) 通过Mli在实际税收协定中引入新的Beps Pe条款:影响、风险和进一步监管改革的必要性(特别关注西班牙)

IF 0.6

Intertax Pub Date : 2023-05-01 DOI: 10.54648/taxi2023034

Eva Escribano

{"title":"The Arrival Of The New Beps Pe Clause In Actual Tax Treaties Via The Mli: Impact, Risks And Need For Further Regulatory Changes (Particular Focus On Spain)","authors":"Eva Escribano","doi":"10.54648/taxi2023034","DOIUrl":"https://doi.org/10.54648/taxi2023034","url":null,"abstract":"The present article seeks to analyse the overall potential impact that the new permanent establishment (hereinafter PE) concept that has emerged from the Base Erosion and Profit Shifting (hereinafter BEPS) Project is expected to have as it is gradually incorporated into actual tax treaties worldwide by using Spain as an illustrative example. Firstly, the role that the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (hereinafter MLI) is playing in the implementation of the new rule in tax treaties will be analysed (section 1). Secondly, the wording and scope of the new PE clause will be scrutinized, highlighting its obvious resemblance to ideas foreseen in both prior versions of the Commentaries to the Organization for Economic Cooperation and Development Model Convention (hereinafter OECD MC) and certain domestic administrative resolutions and judgments (e.g., the ‘Spanish PE approach’, a doctrine widely held by the Spanish tax administration and some courts advocating for a singular interpretation of the PE clause and the rules attributing profits to it) (section 2). Thirdly, there will be an attempt to advance the effects of the arrival of the new clause in actual tax treaties in terms of the expected volume of affected treaties, the expected reaction of tax administrations and courts (in respect of unaffected treaties keeping the classic version of the PE concept), the potential coexistence between the new treaty PE rule and current domestic PE rules and, lastly, the expected (extra) tax revenues for jurisdictions hosting these new forms of PEs (section 3). The intention throughout the contribution is to portray the risks derived from the implementation of this new rule and the need for further regulatory modifications to counteract such risks. Finally, some final remarks will be put forward (section 4).\u0000Digital nomads’, work mobility, international taxation, tax residence, employment income, digital economy","PeriodicalId":45365,"journal":{"name":"Intertax","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45875993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Literature Review: Anti-tax Avoidance in Corporate Taxation under EU Law, Ivan Lazarov. IBFD Doctoral Series. 2022 文献综述：《欧盟法律下企业税收中的反避税》，伊万·拉扎罗夫。IBFD博士系列。2022

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023022

Daniel S. Smit

引用次数: 0

Editorial: Editorial Note 社论：社论

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023023

Ana Paula Dourado

引用次数: 0

Article: State Aid Through Arbitration Awards: EU Law as a Ground for Non-enforcement 文章：通过仲裁裁决提供国家援助：欧盟法律是不予执行的依据

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023006

Begoña Pérez-Bernabeu

{"title":"Article: State Aid Through Arbitration Awards: EU Law as a Ground for Non-enforcement","authors":"Begoña Pérez-Bernabeu","doi":"10.54648/taxi2023006","DOIUrl":"https://doi.org/10.54648/taxi2023006","url":null,"abstract":"The relationship between international investment law (IIL) and EU law is not without problems as evidenced by the Achmea ruling. These tensions have become more evident in the Micula case in which the commission resorted to the state aid rules in order to attack arbitration awards arising from intra-EU Bilateral investment treaties (BITs) (deeming its enforcement as state aid). Despite its two rulings relating to the Micula saga, the Court of Justice of the European Union (CJEU) has not yet validated (or not) the application of state aid rules to the enforcement of intra-EU awards. Hopefully, the upcoming general court’s judgment shall rule on the merits of the Micula case thereby dispelling doubts. Nevertheless, it is foreseeable that further clarifying judgments will be required concerning the recognition and enforcement of intra-EU awards in non-EU jurisdictions. This article reviews the current situation to show that, while state aid rules could adequately prevent the enforcement of an intra-EU award within EU borders, they lack effectiveness for blocking enforcement beyond its borders.\u0000Arbitration award, intra-EU BIT, State aid, Tax benefit repeal, Damages, Award recognition, Award enforcement, Public policy, Micula, Achmea, ICSID Convention, New York Convention.","PeriodicalId":45365,"journal":{"name":"Intertax","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45199247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Literature Review: The DEMPE Concept and Intangibles, Karol Dziwinski. Kluwer Law International. 2022 文献综述：DEMPE概念与无形资产，Karol Dziwinski。Kluwer Law International。2022

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023020

Aitor Navarro

引用次数: 0

Article: The Distorting Effects of Imputation Systems on Tax Competition in the EU 文章：欧盟税收竞争中有罪不罚制度的扭曲效应

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023021

Christoph Spengel, L. Fischer, Jessica M. Müller

{"title":"Article: The Distorting Effects of Imputation Systems on Tax Competition in the EU","authors":"Christoph Spengel, L. Fischer, Jessica M. Müller","doi":"10.54648/taxi2023021","DOIUrl":"https://doi.org/10.54648/taxi2023021","url":null,"abstract":"The design of corporate income tax systems and thus the taxation of (cross-border) dividends are encompassed within the sovereignty of the Member States of the European Union (EU). However, these rules are restricted by the EU regulatory framework and the case law of the European Court of Justice (ECJ) which prohibit discrimination of foreign- against domestic-sourced dividends. Therefore, five EU Member States abolished their discriminatory imputation systems in favour of shareholder relief systems between 1999 and 2019 which had not only legal but also economic implications. In this simulation study, the authors assess how and to what extent the abolishment of discriminatory imputation systems in the EU Member States affected a country’s tax location attractiveness for capital investments and tax competition. The analysis is based on the cost of capital (CoC) and effective average tax rates (EATR) using the Devereux/Griffith methodology. Overall, under the discriminatory imputation systems, the authors find lower CoC and EATR for investments located in the shareholder’s residence country compared to foreign investment alternatives. The advantageousness is, on average, reversed after the switch to the shareholder relief systems and places additional tax competition pressure on the affected Member States.\u0000Corporate tax systems, Dividend taxation, Devereux/Griffith methodology, European Court of Justice, Internal market, Effective tax rates, Cost of capital JEL classification: H21, H24, H25, K34","PeriodicalId":45365,"journal":{"name":"Intertax","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43981674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Article: A Study of Vietnam’s Double Tax Treaties: Patterns of Treaty Growth and Shifting Treaty Policy 文章：越南双重征税条约研究：条约增长模式与条约政策转变

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023019

Loan N. T. Pham

{"title":"Article: A Study of Vietnam’s Double Tax Treaties: Patterns of Treaty Growth and Shifting Treaty Policy","authors":"Loan N. T. Pham","doi":"10.54648/taxi2023019","DOIUrl":"https://doi.org/10.54648/taxi2023019","url":null,"abstract":"This article reviews the growth of Vietnam’s tax treaties and shifts in its treaty policies over the thirty-year period since the country created opportunities to attract foreign investment. It follows the incorporation of the Model Tax Treaties of the Organization for Economic Co-operation and Development (OECD) and the United Nations (UN) into its bilateral treaties and considers the limited apparent connection between treaties and foreign direct investment (FDI). A particularly interesting finding is the extent to which Vietnam’s treaties from the outset favoured the use of the UN Model provisions with respect to the definition of permanent establishments (PEs) and capital gains on the disposal of immovable property, particularly in its treaties with OECD members. This is ironic as measures from the OECD Model precedents are more likely to be found in treaties with non-OECD members. Nevertheless, it is clear that the treaties overall favour the allocation of taxing rights to Vietnam as a capital importing jurisdiction. These findings, when considered along with the country’s success at attracting FDI, suggest that developing economies can retain taxing rights and attract foreign investment at the same time.\u0000OECD Model treaty, UN Model treaty, tax treaties and foreign direct investment, transitional economy, evolving treaty policy","PeriodicalId":45365,"journal":{"name":"Intertax","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42543351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Article: The Impact of Multilateral and Unilateral Measures on Profit-Shifting from South Africa to Mauritius 文章:多边和单边措施对利润从南非转移到毛里求斯的影响

IF 0.6

Intertax Pub Date : 2023-03-01 DOI: 10.54648/taxi2023005

C. Botha, R. Ramfol, O. Swart

{"title":"Article: The Impact of Multilateral and Unilateral Measures on Profit-Shifting from South Africa to Mauritius","authors":"C. Botha, R. Ramfol, O. Swart","doi":"10.54648/taxi2023005","DOIUrl":"https://doi.org/10.54648/taxi2023005","url":null,"abstract":"The Mauritian global business sector’s favourable tax regime, combined with its extensive treaty network, has made it an attractive investment hub for investments into Africa. Aggressive tax planning strategies targeted at shifting profits to lower tax jurisdictions such as Mauritius, have eroded many higher tax jurisdictions’ tax bases. An exodus of (taxable) funds from South Africa to Mauritius is evident from South Africa’s listing as one of the top five contributors to Mauritius’s foreign direct investments (FDIs). While the base erosion and profit-shifting (BEPS) action plan is aimed at curbing profit-shifting practices, limited research is available on the successful implementation of the BEPS action plan. This article conducts a review of the implementation of the BEPS action plan by both jurisdictions, namely Mauritius (as a low tax jurisdiction) and South Africa (as a high tax jurisdiction). The success of the BEPS action plan in curbing profit-shifting practices from South Africa to Mauritius is measured in conjunction with the South African anti-avoidance legislation. The findings highlight that only Action 5 has been successfully adopted by both South Africa and Mauritius. A preliminary analysis was conducted which indicates that the implementation of the BEPS action plan will not result in less profit-shifting, due to gaps in the South African anti-avoidance legislation that facilitates these profit-shifting practices. It is suggested that the implementation of the BEPS action plan by higher tax jurisdictions should be prioritized. This article contributes to scholarship on evaluating the effectiveness of the BEPS action plan minimum standards for African countries.\u0000Action 5, aggressive tax planning strategies, base erosion and profit-shifting, base erosion and profit-shifting action plan, global business companies, foreign direct investments, Mauritius global business sector, minimum standards, offshore trust, profit-shifting, South African anti-avoidance legislation, tax avoidance, tax planning vehicles.","PeriodicalId":45365,"journal":{"name":"Intertax","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48322012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Literature Review: Handbook on the Politics of Taxation, Lukas Hakelberg & Laura Seelkopf. Edward Elgar. 2021 文献综述：《税收政治手册》，卢卡斯·哈克尔伯格和劳拉·西尔科普夫。爱德华·埃尔加。2021

IF 0.6

Intertax Pub Date : 2023-02-01 DOI: 10.54648/taxi2023012

A. Pirlot

引用次数: 0