EU law and the building of global supranational tax law : EU BEPS and state aid / editor, Dennis Weber.

Format:

Book

Contributor:

Weber, D. M. (Dennis Manolito), 1970- editor.

Group for Research on European International Taxation, contributor.

Series:

GREIT Series

Language:

English

Subjects (All):

Taxation--Law and legislation--European Union countries.

Taxation.

International and municipal law--European Union countries.

International and municipal law.

International business enterprises--Taxation--Law and legislation.

International business enterprises.

Physical Description:

1 online resource (xvi, 308 pages)

Edition:

1st ed.

Place of Publication:

Amsterdam, The Netherlands : IBFD, [2017]

Summary:

This book examines the way in which EU law and international law influence each other through a two-way flow of concepts and categories.

Contents:

Intro

Title Page

Copyright Page

Table of Contents

Preface

Chapter 1: Interactive Law Building and EU Tax Law

1.1. Background and research questions

1.2. Legal theory

1.3. When and why is it necessary to know what foreign law is?

1.4. What is foreign law?

1.5. Examples of the interaction of foreign law, EU law and domestic tax law

1.6. Conclusion

Chapter 2: On the Difficulties Regarding the Formation of Customary Law in the Field of Taxation

2.1. Introduction

2.2. General relation with domestic constitutional and sub-constitutional norms

2.3. Specific content of tax provisions and general content of customary rules

2.4. The implementation of customary law into national tax law

2.5. Customary rules and the misunderstanding of soft law

2.6. The possible contribution of the base erosion and profit shifting (BEPS) project to the creation of rules of customary international law

2.7. Conclusions

Chapter 3: Tax Sovereignty in an Era of Tax Multilateralism

3.1. Introduction

3.2. Two approaches

3.3. Tax sovereignty and justice

3.4. The case for tax competition

Chapter 4: Tax Incentives, Global Tax Fairness and the Development of Tax Law in Developed and Developing Countries: A Multi-Way Flow of Concepts?

4.1. Introduction

4.2. Overview of the work of international and supranational/intergovernmental organizations on tax incentives

4.2.1. Introduction

4.2.2. Early governance initiatives of international organizations

4.2.2.1. Introduction

4.2.2.2. Early work of the IMF: IMF Staff Papers 14, Tax Incentives for Investment in Developing Countries (1967)

4.2.2.3. Early work of the OECD: Reports on investment incentive trends (1989 and 1992) and Harmful Tax Competition: An Emerging Global Issue (1998).

4.2.2.4. Early work of the UN: Incentives and Foreign Direct Investment: Background Report by the UNCTAD Secretariat (1995)

4.2.2.5. Early work of the World Bank: How Tax Policy and Incentives Affect Foreign Direct Investment: A Review (2000)

4.2.3. Recent work of international organizations

4.2.3.1. Introduction

4.2.3.2. Recent work of the UN (2014)

4.2.3.3. Recent work of the OECD

4.2.3.3.1. BEPS Action 5: Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance (2015)

4.2.3.3.2. The OECD's Report to G20 Development Working Group on the Impact of BEPS in Low Income Countries (2014)

4.2.3.3.3. The OECD's updated Policy Framework for Investment (PFI) (2015)

4.2.3.4. Recent work of the joint IOs: Options for Low Income Countries' Effective and Efficient Use of Tax Incentives for Investment (2015)

4.2.4. Work of supranational and intergovernmental organizations on tax incentives

4.2.4.1. Introduction

4.2.4.2. Regional cooperation in Africa

4.2.4.2.1. The EAC

4.2.4.2.2. The WAEMU

4.2.4.2.3. The SADC

4.2.4.3. Regional cooperation in South America

4.2.4.3.1. CARICOM: Revised Treaty of Chaguaramas (2001)

4.2.4.3.2. COSEFIN: Declaration of Good Practices for Investment Tax Incentives

4.2.4.4. Regional cooperation in Europe

4.2.4.4.1. The European Commission's communication Towards tax co-ordination in the European Union - A package to tackle harmful tax competition (1998), the Code of Conduct for Business Taxation and the Code of Conduct Group

4.2.4.4.2. EU Taxation Papers on R&amp

D Tax Incentives 52-2015 and 57-2015

4.2.4.4.3. From "preventing harmful tax competition" to "ensuring fair tax competition" and the Action Plan 2015, A Fair and Efficient Corporate Tax System in the European Union: 5 Key Areas for Action.

4.2.4.4.4. The EU Anti-Tax Avoidance Package

4.3. Towards a global supranational framework for tax incentives?

Chapter 5: The Interaction between IP Box Regimes and Compensatory Tax Measures: A Plea for a Coherent and Balanced Approach

5.1. Introduction

5.2. R&amp

D and taxation

5.3. The OECD's work on harmful tax competition and IP box regimes

5.3.1. In general

5.3.2. Substantial activity requirement as a fundamental factor for distinguishing harmful from non-harmful preferential tax regimes: The "nexus approach"

5.4. Goals of IP box regimes

5.4.1. IP box regimes aimed at promoting R&amp

D input activities

5.4.2. IP box regimes aimed at attracting R&amp

D activities from other states and/or preventing the relocation abroad of R&amp

D activities carried out domestically

5.4.3. IP box regimes aimed at stimulating the direct use of newly created and valuable intangible assets in the production of goods and the provision of services

5.4.4. IP box regimes aimed at attracting highly mobile capital by reducing the effective tax rates applicable to the income stemming from such capital

5.5. A plea for a coherent approach: The desirable limitation on defensive tax measures with regard to IP box regimes

5.6. Some recent proposals for defensive tax measures: An assessment of proportionality

5.6.1. CFC provision included in Council Directive (EU) 2016/1164, laying down rules against tax avoidance practices that directly affect the functioning of the internal market

5.6.2. CFC regimes under Action 3 of the BEPS Action Plan

5.6.3. Possible amendments to the Interest and Royalties Directive in the recent works of the European Council

5.6.4. Article 12(2)(a) of the US Model Income Tax Convention (2016)

5.7. Conclusions.

Chapter 6: Go Tell It on the Mountain: Enhanced Transparency: Impact on Relations between Tax Authorities and Taxpayers?

6.1. Introduction

6.2. The roots of transparency

6.3. Transparency in the legal domain: The Panopticon

6.4. Transparency in the national tax domain

6.5. Transparency in the international tax domain

6.6. Transparency of tax rulings within the European Union

6.6.1. The efforts of the Code of Conduct Group

6.6.2. The Directive to amend Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation

6.7. Evaluation of the Proposal

6.8. Enhanced transparency and taxpayer-tax authorities relationships

Chapter 7: EU Code of Conduct: From Reviewing Individual Tax Regimes to Horizontal Coordinating Policy - Cracking the Code in the BEPS Era

7.1. Introduction

7.1.1. EU Code of Conduct Group in the BEPS limelight

7.1.2. EU Code of Conduct mandate

7.2. EU Code of Conduct - From individual cases to horizontal approach

7.2.1. Luxembourg 1929 holding companies

7.2.2. Transparency and exchange of information on rulings

7.2.3. Hybrid mismatches

7.2.3.1. Hybrid finance instruments

7.2.3.2. Hybrid entities

7.2.3.3. Hybrid permanent establishments

7.2.4. Inbound profit transfers

7.2.5. IP regimes (R&amp

D incentives, patent boxes and royalty regimes)

7.2.6. Third countries

7.3. Future work

7.3.1. Reviewing individual tax measures

7.3.2. Procedural strengthening

7.3.3. Horizontal policy development and monitoring

7.4. Conclusion

Chapter 8: State Aid Recovery and Investor Protection for Non-EU Taxpayers: How Back Taxes Might Lead To an Inequitable Treat...

8.1. Introduction

8.2. Prelude: Setting the scene

8.2.1. Two scenarios

8.2.2. Further assumptions

8.3. Jumping through hoops

8.3.1. The first hoop: Coverage.

8.3.2. The second hoop: Why do dates matter?

8.3.3. The third hoop: Intra-EU versus third-country situations

8.3.4. The fourth hoop: Recognition and enforcement of arbitral awards

8.3.4.1. Domestic courts

8.3.4.2. 1958 New York Convention

8.3.4.3. 1965 Washington Convention

8.3.5. First intermezzo: The Micula case

8.3.6. The fifth hoop: Actual protection of investors

8.3.6.1. Covered investments

8.3.6.2. Fair and equitable treatment

8.3.6.3. (Compensation for) indirect expropriation

8.3.6.4. Non-discrimination

8.3.7. Second intermezzo: Will US investors be able to jump through all hoops?

8.4. TTIP: A new start or the final kill?

8.4.1. A State aid carve-out

8.4.2. A tax carve-out

8.4.3. FET

8.4.4. What if a tax settlement qualifies as a contractual commitment?

8.4.5. Intra-EU financial responsibility for TTIP awards

8.5. Conclusion: It is a mess ...

Chapter 9: APAs and State Aid: A New Era of European Tax Law?

9.1. Introduction

9.2. APAs and State aid law

9.2.1. APAs and the assessment of selectivity

9.2.2. How should the selective advantage be assessed?

9.2.2.1. Assessment of selectivity in transfer pricing cases demands special considerations

9.2.2.2. Need for an "out of proportion" advantage?

9.2.2.3. "Symmetry" in the allocation of profits and overall advantage?

9.3. Final considerations

Chapter 10: The General Anti-Abuse Clause in the EU Parent-Subsidiary Directive

10.1. Introduction

10.2. Background

10.2.1. The proposal of November 2013

10.2.2. The proposals of November/December 2014

10.2.3. Statements from the Council

10.3. The main features of the GAAR

10.4. Scope of the GAAR

10.4.1. The subjective test

10.4.2. The objective test

10.4.3. Artificiality

10.4.4. Comparison with the principal purpose test.

10.5. Implications of abuse within the meaning of the GAAR.

Notes:

"The papers in this book are the result of the 10th Annual Conference of the Group for Research on European and International Taxation (GREIT), which was held 17 and 18 September 2015 in Amsterdam"--Page 4 of cover.

Includes bibliographical references.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

90-8722-406-0

OCLC:

1152055158