The implications of online platforms and technology for taxations / Dennis Weber, editor.

Format:

Book

Contributor:

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

Series:

GREIT Series

Language:

English

Subjects (All):

Taxation.

Physical Description:

1 online resource (363 pages)

Edition:

First edition.

Place of Publication:

Amsterdam, The Netherlands : IBFD, [2023]

Summary:

This book provides a comprehensive analysis of the implications of online platforms and new technologies (that is, DLTs, virtual currencies, crypto assets, NFTs, DeFi and AI) on taxation and taxpayer rights.

Contents:

Cover

Title

Copyright

Foreword

Introduction: Reflections about the Implications of Platforms and Technology for Taxation and Taxpayers' Rights

0.1. Technology and platforms over the last decades

0.1.1. Web 1.0

0.1.2. Web 2.0

0.1.3. Web 3.0

0.2. Implications of technology developments for taxation

0.2.1. Web 1.0: The Ottawa principles

0.2.2. Web 2.0: The end of bank secrecy and the BEPS Project

0.2.3. Web 3.0: A crypto tax system?

0.3. Non-conclusions

Part 1: Online Platforms, VAT Collection and Reporting Obligations

Chapter 1: Tax Reporting by Online Platforms: Operational and Fundamental Implications of DAC7 and the OECD Model Rules

1.1. Introduction

1.2. The OECD MRs and DAC7

1.2.1. Why were the rules adopted?

1.2.1.1. Lack of transparency regarding platform sellers' activities and income

1.2.1.2. The need for harmonization as a result of the proliferation of unilateral reporting requirements

1.2.1.3. The limitations of both domestic regimes(territoriality) and existing international administrative cooperation legal frameworks

1.2.2. What do the rules involve?

1.2.3. Who must comply with the rules?

1.2.3.1. Platforms, POs, excluded POs and RPOs

1.2.3.2. Relevant activities

1.2.3.3. Reportable and excluded sellers

1.2.4. How must the rules be complied with?

1.2.4.1. Due diligence procedure

1.2.4.1.1. Collection of seller's information (Step 1)

1.2.4.1.2. Verification of seller information (Step 2)

1.2.4.1.3. Recordkeeping (Step 3)

1.2.4.2. Reporting (Step 4)

1.2.4.3. Exchange of information (Step 5)

1.2.5. What are the sanctions for non-compliance?

1.2.6. When do the rules enter into force?

1.3. Operational and fundamental implications of the rules

1.3.1. Operational issues.

1.3.1.1. Interpretation of DAC7 and Member States' legislation transposing it

1.3.1.2. Problematic definitions in DAC7

1.3.1.2.1. The term "platform"

1.3.1.2.2. The term "personal service"

1.3.1.2.3. The term "excluded sellers"

1.3.1.2.4. The term "consideration"

1.3.1.2.5. The terms "qualified non-Union jurisdiction" and "qualified non-Union platform operator"

1.3.1.3. Impact on businesses and governments

1.3.2. Fundamental questions

1.3.2.1. Necessity, effectiveness and efficiency of DAC7 rules

1.3.2.1.1. DAC7 and VAT reporting by PSPs

1.3.2.1.2. DAC7 and VAT recordkeeping and reporting via electronic interfaces

1.3.2.2. What is the impact of developments regarding the "status of platform workers" on the rules?

1.3.2.3. Do these types of reporting obligations respect fundamental rights?

1.3.2.3.1. Freedom to conduct business

1.3.2.3.2. Property rights

1.3.2.3.3. Privacy and data protection rights

1.3.2.4. Are these types of reporting obligations compatible with the EU fundamental freedoms?

1.3.2.5. Are the reporting rules proportional?

1.3.2.6. When considered collectively, do the several reporting obligations imposed on POs contravene the proportionality principle as general principle of EU law?

1.3.2.7. Fairness: Should the "deputization of platforms" by tax administrations be compensated somehow?

1.4. Conclusion

Chapter 2: Secure Digital Reporting Requirements to Tackle EU VAT Fraud

2.1. Introduction

2.2. The transitional system and VAT fraud

2.2.1. A transitional VAT system

2.2.2. VAT fraud

2.3. DRRs as a means to improve compliance and combat fraud

2.3.1. Functioning of DRRs and their forms and benefits

2.3.2. DRR as a tool to combat fraud

2.3.3. DRR as a tool to facilitate compliance

2.3.4. Evidence from other jurisdictions.

2.3.5. Reporting models and harmonization efforts of the European Union

2.4. Proposal for a DRR++ system for intra-Community transactions

2.4.1. The basic institutional framework for the intra-Community DRR system

2.4.2. Ensuring interoperability and efficiency

2.4.3. Ensuring the confidentiality of the data

2.4.4. Ensuring the protection of taxpayers' rights

2.4.4.1. Compatibility of the DRR as such with the established EU legal framework for the protection of human rights

2.4.4.2. The impact of the DRR on the other procedural and material tax law rules in the light of the ruleof law principle

2.4.4.3. Compatibility of the DRR and the use of it by tax administrations with the fundamental principles underlying the EU VAT system

2.5. DRR and the 2017 definitive system proposal

2.6. Conclusion

Part 2: Online (Labour) Platforms and Corporate Taxation

Chapter 3: Digital Labour Platforms and Digital Workers: International Tax Implications

3.1. Gig workers, digital labour platforms and algorithmic management: What does it have to do with international taxation?

3.2. The status of digital platform workers in labour law: Global developments

3.3. Corporate tax implications of the quasi-employee status of platform workers

3.3.1. Alternatives for business and market presence and their tax consequences

3.3.2. The OECD Pillar One solution to address the digital economy

3.3.3. The treatment of functional integration and economic dependency in international tax law: Seeking coherence

3.3.3.1. Substance-based carve-out under the GloBE rules

3.3.3.2. CFC rules

3.3.3.3. Source taxation of business income

3.4. On-demand platform-mediated work: A tax response - New variant of PE and profit allocation rules?

3.5. Conclusions.

Chapter 4: Flexibility, Mobility and Automation of Labour under Article 7 of the OECD Model? A First Conceptual Exploration

4.1. Introduction

4.2. Tax treaty corporate residency and the labour factor

4.2.1. What role does "labour" play when determining tax treaty corporate residency?

4.2.2. How do new forms of labour affect the determination of the place of effective management?

4.2.2.1. More flexible forms of labour (e.g. online outsourcing)

4.2.2.2. Increased acceptance of remote working (e.g. remote board of directors)

4.2.2.3. Automation (e.g. "robots in the boardroom")

4.3. PE and the labour factor

4.3.1. What role does "labour" play when determining the presence of a (dependent agency) PE and attributable profits?

4.3.1.1. The (dependent agency) PE concept

4.3.1.2. Profit attribution

4.3.2. How do new forms of labour affect determining PE nexus/PE profit attribution?

4.3.2.1. More flexible forms of labour (e.g. online outsourcing)

4.3.2.2. Increased acceptance of remote working (e.g. foreign home office)

4.3.2.3. Automation

4.4. Conclusion

Part 3: The Implications of Distributed Ledger Technologies (including Blockchain) on Tax Systems

Chapter 5: Blockchain Technology and the Opportunities for Taxation

5.1. Introduction

5.2. The basics of blockchain technology

5.2.1. Blockchain architecture

5.2.2. Types of blockchain networks

5.2.3. Key features

5.2.4. Associated tools and functionalities

5.3. The stakeholders' perspectives

5.3.1. The tax administration's perspective

5.3.2. The taxpayer's perspective

5.3.3. The ecosystem perspective

5.4. Tax scenarios for blockchain implementation

5.4.1. Disparate data

5.4.2. Multiples parties in a complex ecosystem

5.4.3. Multiple versions of the "truth"

5.4.4. Lack of trust between parties.

5.4.5. Lack of security in transactions

5.4.6. Multiple processes carried out on a manual basis

5.5. The empirical experience

5.5.1. Exchange of taxpayers' information

5.5.2. Withholding tax

5.5.3. Transfer pricing (TP)

5.5.4. VAT

5.5.5. Customs

5.5.6. Excise

5.6. Discussion of the results and areas for future research

5.7. Conclusions

Part 4: Virtual Currencies, Cryptoassets, NFTs and Other Implications of De-Fi for Tax Systems

Chapter 6: Beyond Hedqvist (C-264/14): The Characterization of Cryptoassets under European VAT

6.1. Introduction

6.2. Hedqvist (C-264/14)

6.3. VAT and cryptoassets after Hedqvist (C-264/14)

6.4. Legal characterization under European VAT

6.5. The VAT characterization of cryptoassets

6.5.1. Cryptoassets as pure means of payment

6.5.2. Cryptoassets as services, goods or vouchers

6.5.3. Cryptoassets as electronically supplied services or intangibles

6.5.4. Cryptoassets as negotiable instruments, currencies or securities

6.6. VAT vs legal characterization of cryptoassets

6.7. Conclusion

Chapter 7: Direct Taxation Aspects of Cryptoassets

7.1. Introduction

7.2. Different types of cryptoassets and connected activities

7.2.1. Classifying cryptoassets based on their function

7.2.2. Key activities and stakeholders

7.2.2.1. Mining

7.2.2.2. Decentralized autonomous organizations (DAOs)

7.2.2.3. Crypto exchanges

7.2.2.4. Crypto wallets

7.3. Taxable events and different types of direct taxes questions

7.3.1. Creation of cryptoassets

7.3.2. Acquisition of cryptoassets

7.3.3. Disposal of cryptoassets

7.4. Different types of countries' responses

7.5. Conclusions

Part 5: Explainable AI in Tax Law

Chapter 8: Explainable AI and Taxation: A Real-Life Application

8.1. Introduction

8.2. A hypothetical problem.

8.3. An AI solution.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Other Format:

Print version: Weber, Dennis The Implications of Online Platforms and Technology on Taxation

ISBN:

9789087228378

9087228376

OCLC:

1388500547