Beneficial Ownership In Tax Law And Tax Treaties

Author : Angelika Meindl-Ringler
Publisher : Kluwer Law International B.V.
Page : 458 pages
File Size : 55,7 Mb
Release : 2016-06-07
Category : Law
ISBN : 9789041168399

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Beneficial Ownership in International Tax Law by Angelika Meindl-Ringler Pdf

In international tax law, the term ‘beneficial ownership’ refers to which parties involved in a cross-border transaction are entitled to tax treaty benefits. However, determining beneficial ownership is a complex and often disputed issue, subject to different meanings in different countries. Archival research on its early use in tax treaties and in the developing OECD Model reveals that its meaning has changed dramatically over the decades, leading to new interpretations significantly affecting current tax practice and scholarship. This book, dedicated to establishing how beneficial ownership should ideally be interpreted, compares the use and interpretation of benefi-cial ownership, both current and historical, in a wide range of national jurisdictions as well as the EU, ultimately shedding a clearer light than has heretofore been available on the meaning of the term. In her very thorough analysis of the application of beneficial ownership, the author touches on such aspects as the following: – historical development of the beneficial ownership requirement as used in tax treaties and in the OECD Model Tax Convention on Income and on Capital; – rules of double taxation conventions; – application of the OECD’s Action Plan on Base Erosion and Profit-Shifting (BEPS); – the problem of so-called ‘white income’; – use of the substance-over-form principle; – attribution-of-income rules; and – the role of agents, nominees, and conduit companies. Specific analysis of the use and interpretation of beneficial ownership in a domestic law and treaty context in numerous jurisdictions – with particular emphasis on the United Kingdom, Australia, the United States, and Germany – is a major feature of the presentation. As a thorough guide to determining whether a person claiming tax treaty benefits is the true owner – and which parties are excluded from treaty benefits and to what extent – this book will be of immeasurable value to lawyers, tax authorities, policymakers, and other professionals working with taxable international transactions of any kind.

Author : Pablo A Hernández González-Barreda
Publisher : Bloomsbury Publishing
Page : 429 pages
File Size : 42,5 Mb
Release : 2020-05-28
Category : Law
ISBN : 9781509923083

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Beneficial Ownership in Tax Law and Tax Treaties by Pablo A Hernández González-Barreda Pdf

This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in both national and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to scholars and practitioners from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance.

Author : Pablo Andrés Hernández González-Barreda
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2020
Category : Double taxation
ISBN : 1509923101

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Beneficial Ownership in Tax Law and Tax Treaties by Pablo Andrés Hernández González-Barreda Pdf

"This book explores the concept of beneficial ownership in equity law, and in the domestic tax laws of the United Kingdom, Canada and the United States; as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in tax law and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to practitioners and scholars from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance"--

Author : Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer and Alfred Storck
Publisher : IBFD
Page : 367 pages
File Size : 46,9 Mb
Release : 2013
Category : Conflict of laws
ISBN : 9789087222000

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Beneficial Ownership: Recent Trends by Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer and Alfred Storck Pdf

The concept of beneficial ownership is frequently called one of the most decisive questions in international tax law. Despite this fact, neither scholars nor courts have found a generally accepted definition. This book provides a comprehensive overview of the latest developments concerning the concept of beneficial ownership. Highly renowned tax experts both from academia and practice analyse the most important decisions recently made by courts around the world. Moreover, the recently published OECD Discussion Draft on the meaning of beneficial ownership is being taken into account and the meaning of the term "beneficial owner" used in European tax law in comparison to its meaning in tax treaty law is being assessed. The authors not only draw a better picture of the status quo but also enhance the discussion of the future meaning of the term "beneficial owner".

Author : Charl P. Du Toit
Publisher : Unknown
Page : 288 pages
File Size : 47,5 Mb
Release : 1999
Category : Copyright
ISBN : STANFORD:36105060223935

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Beneficial Ownership of Royalties in Bilateral Tax Treaties by Charl P. Du Toit Pdf

In-depth analysis of the meaning of beneficial ownership in respect of royalties. By referring to the history and circumstances surrounding the decision to adopt the notion of beneficial ownership as an anti- treaty abuse measure, and by following the steps for treaty interpretation as prescribed by the Vienna Convention on the Law of Treaties, the author concludes that the meaning of beneficial ownership as determined can be applied universally for tax treaty purposes.

Author : Guglielmo Maisto,International Bureau of Fiscal Documentation
Publisher : IBFD
Page : 1093 pages
File Size : 53,5 Mb
Release : 2012
Category : Corporations
ISBN : 9789087221393

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Taxation of Intercompany Dividends Under Tax Treaties and EU Law by Guglielmo Maisto,International Bureau of Fiscal Documentation Pdf

This book is a detailed and comprehensive study on the taxation of cross-border dividend distributions. It first considers cross-border dividend taxation in the context of EU law. In this field, issues such as the jurisprudence of the European Court of Justice, the hindrance to the internal market caused by double taxation of dividends and the compatibility of dividend withholding taxes are dealt with. Next, the book discusses the taxation of dividends under tax treaties, in particular focusing on the definition of "dividends" in the OECD Model Convention and the meaning of the concept of "beneficial owner" as applied to dividends. The application of domestic and agreement-based anti-abuse rules to dividends is thoroughly analysed. Finally, the relevance of the non-discrimination provision enshrined in Art. 24 of the OECD Model Convention to dividends as well as procedural issues relating to treaty relief and possible ways of improvement are taken into consideration. Individual country surveys provide an in-depth analysis of the above issues from a national viewpoint in selected European and non-European jurisdictions.

Author : Błażej Kuźniacki
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 43,7 Mb
Release : 2022-08-28
Category : Electronic
ISBN : 180220606X

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Beneficial Ownership in International Taxation by Błażej Kuźniacki Pdf

This authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Despite attempts by the OECD to clarify the concept, it remains ambiguous to tax authorities, courts and scholars alike, which has detrimental effects on the functioning of tax treaties. Blazej Kuzniacki presents a route towards an international autonomous meaning of beneficial ownership in international taxation, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity. Key Features: Guidance towards solving definitional disputes between taxpayers and tax authorities Discussion of ground-breaking judgments in cases on beneficial ownership from various jurisdictions across the world Comprehensive reflection of tax law in action, particularly in respect of outbound investments that trigger transborder payments of dividends, interest and royalties Clear demarcation between appropriate and inappropriate usage of beneficial ownership by authorities and courts when addressing the issue of abuse of tax treaties and EU Directives Beneficial Ownership in International Taxation will be a crucial resource for lawyers specialising in international taxation, tax practitioners and accountants, along with officials at tax authorities and judges hearing cases in this area. It will also be useful for policy makers working on cross-border taxation, and scholars and students researching international tax law.

Author : Joanna Wheeler
Publisher : IBFD
Page : 449 pages
File Size : 50,7 Mb
Release : 2012
Category : Conflict of law
ISBN : 9789087221232

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The Missing Keystone of Income Tax Treaties by Joanna Wheeler Pdf

Le site d'IBFD indique : "This thesis reveals a fundamental flaw in the OECD Model, namely that it pays no attention to the person who is liable to tax in respect of the income for which treaty benefits are claimed. This "missing keystone" causes two major problems of interpretation. One problem arises if the contracting states attribute the income to different persons; the myriad ways in which such a conflict can occur is illustrated by an extensive comparison of the domestic law of the Netherlands and the United Kingdom in this respect. This missing keystone also causes a disconnection between the two principal conditions for treaty entitlement. The treaty residence of the claimant is based on a general liability to tax in a contracting state, whereas the distributive articles focus on the ownership of the income. Interpretation problems arise if domestic law imposes a tax liability on a person who is not the owner of the income, for example under anti-avoidance legislation or a corporate group regime. In order to eliminate this fundamental flaw, the thesis proposes a "new approach" in which the criterion for treaty entitlement is liability to tax on the income, backed up by substantial connections between the income and the treaty claimant and between the treaty claimant and the residence state. The new approach is tested in various situations, many of them decided cases, and proves to give appropriate policy results while respecting the tax sovereignty of states. The thesis includes a proposal for a re-draft of the OECD Model on this basis."

Author : Kuźniacki, Błażej
Publisher : Edward Elgar Publishing
Page : 385 pages
File Size : 42,9 Mb
Release : 2022-08-12
Category : Law
ISBN : 9781802206074

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Beneficial Ownership in International Taxation by Kuźniacki, Błażej Pdf

This authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Błażej Kuźniacki presents a route towards an international autonomous meaning of beneficial ownership, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity.

Author : Stef Weeghel
Publisher : Kluwer Law International B.V.
Page : 302 pages
File Size : 53,5 Mb
Release : 1998-03-27
Category : Business & Economics
ISBN : 9789041107374

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The Improper Use of Tax Treaties:With Particular Reference to the Netherlands and the United States by Stef Weeghel Pdf

"With particular reference to the Netherlands and the United States."--T.p.

Author : United States. Internal Revenue Service
Publisher : Unknown
Page : 20 pages
File Size : 48,8 Mb
Release : 1986
Category : Economic assistance, Domestic
ISBN : IND:30000065734968

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Tax Information on Unemployment Compensation by United States. Internal Revenue Service Pdf

Author : Jonathan Schwarz
Publisher : Kluwer Law International B.V.
Page : 870 pages
File Size : 49,7 Mb
Release : 2021-09-28
Category : Law
ISBN : 9789403526317

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Schwarz on Tax Treaties by Jonathan Schwarz Pdf

Schwarz on Tax Treaties is the definitive analysis of tax treaties from United Kingdom and Irish perspectives and provides in-depth expert analysis of the interpretation and interaction of those treaty networks with the European Union and international law. The sixth edition significantly develops the earlier work with enhanced commentary and is updated to include the latest UK, Irish domestic and treaty developments, international and EU law, including: Covered Tax Agreements modified by the BEPS Multilateral Instrument; judicial decisions of Ireland, the UK and foreign courts on UK and Irish treaties; Digital Services Tax; treaty binding compulsory arbitration; Brexit and the EU-UK Trade and Cooperation Agreement; taxpayer rights in exchange of information; taxpayer rights in EU cross-border collection of taxes; attribution of profits to permanent establishments; and EU DAC 6 Disclosure of cross-border planning. Case law developments including: UK Supreme Court in Fowler v HMRC; Indian Supreme Court in Engineering Analysis Centre of Excellence Private Limited and Others v CIT; Australian Full Federal Court in Addy v CoT; French Supreme Administrative Court in Valueclick; English Court of Appeal in Irish Bank Resolution Corporation v HMRC; JJ Management and others v HMRC; United States Tax Court in Adams Challenge v CIR; UK Tax Tribunals in Royal Bank of Canada v HMRC; Lloyd-Webber v HMRC; Esso Exploration and Production v HMRC; Glencore v HMRC; McCabe v HMRC; Padfield v HMRC; Davies v HMRC; Uddin v HMRC; English High Court in Minera Las Bambas v Glencore; Kotton v First Tier Tribunal; and CJEU in N Luxembourg I, and others (the ‘Danish beneficial ownership cases’); État belge v Pantochim; College Pension Plan of British Columbia v Finanzamt München; HB v Istituto Nazionale della Previdenza Sociale. About the Author Jonathan Schwarz BA, LLB (Witwatersrand), LLM (UC Berkeley), FTII is an English Barrister at Temple Tax Chambers in London and is also a South African Advocate and a Canadian and Irish Barrister. His practice focuses on international tax disputes as counsel and as an expert and advises on solving cross-border tax problems. He is a Visiting Professor at the Faculty of Law, King’s College London University. He has been listed as a leading tax Barrister in both the Legal 500, for international corporate tax, and Chambers’ Guide to the Legal Profession, for international transactions and particular expertise in transfer pricing. He has been lauded in Who’s Who Legal, UK Bar for his ‘brilliant’ handling of cross-border tax problems. In Chambers Guide, he is identified as ‘the double tax guru’ with ‘extraordinary depth of knowledge and experience when it comes to tax treaty issues and is a creative thinker and a clear and meticulous writer’.

Author : Michael Lang,Alexander Rust,Jeffrey Owens,Pasquale Pistone,Josef Schuch,Claus Staringer,Alfred Storck,Peter ESSERS,Daniel Smit,Eric Kemmeren
Publisher : Linde Verlag GmbH
Page : 440 pages
File Size : 42,8 Mb
Release : 2018-02-20
Category : Law
ISBN : 9783709409114

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Tax Treaty Case Law around the Globe 2017 by Michael Lang,Alexander Rust,Jeffrey Owens,Pasquale Pistone,Josef Schuch,Claus Staringer,Alfred Storck,Peter ESSERS,Daniel Smit,Eric Kemmeren Pdf

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 : Desiree Auer,Christina Dimitropoulou
Publisher : Linde Verlag GmbH
Page : 415 pages
File Size : 42,8 Mb
Release : 2021-09-21
Category : Law
ISBN : 9783709411612

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Access to Treaty Benefits by Desiree Auer,Christina Dimitropoulou Pdf

A rigorous analysis of various aspects related to treaty access Tax treaty access is an ongoing challenge for both taxpayers and tax authorities. This volume provides a rigorous analysis of various aspects related to treaty access. Schematically, the volume is divided into four parts. The first part deals with general interpretative issues and principles; the second and third parts cover a wide range of sub-aspects relating to the subjective and objective scope of tax treaties and the recent challenges posed to tax treaty access, while the fourth part focuses on the knotty issues of treaty shopping and abuse. The structure of the volume reflects the necessity to approach access to treaty benefits in a holistic way and view the recent trends through a wide lens. All chapters contain a complete examination of the relevant topics, starting from a historical perspective and continuing with tax treaty law principles and tax practice analysis. Where appropriate, a domestic law and domestic courts’ jurisprudence perspective was added as well as a comparative analysis of several jurisdictions thus complementing the examination of each topic. Finally, special attention is given to treaty abuse and the new GAAR introduced in the 2017 OECD Model together with its interrelation with other treaty and domestic anti-abuse provisions and the impact of these provisions on tax treaty access and tax policy in general.

Author : Pasquale Pistone
Publisher : Kluwer Law International B.V.
Page : 424 pages
File Size : 45,5 Mb
Release : 2002-03-11
Category : Business & Economics
ISBN : 9789041198600

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The Impact of Community Law on Tax Treaties:Issues and Solutions by Pasquale Pistone Pdf

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.