› › A Reflection On The Future Of Corporate Tax Residency In The Age Of Remote Work And Mobility Of Individuals

A Reflection on the Future of Corporate Tax Residency in the Age of Remote Work and Mobility of Individuals

Author : Eva Escribano

Publisher :

Page : 0 pages

File Size : 24,73 MB

Release : 2022

Category :

ISBN :

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Book Description

The normalization and popularization of remote work in the post pandemic era is prone to trigger several consequences in the application of tax rules. In particular, the increasing mobility of individuals is expected to generate changes on the outcome of corporate tax residence rules based on where the entity is governed (both at the domestic and the treaty level) and give rise to new tax planning opportunities. The present paper intends to analyze the troubling coexistence between mobility of individuals and these residence rules and further reflect on how corporate tax residency should look like in the future.



Corporate Tax Residence and Mobility

Author : Edoardo Traversa

Publisher :

Page : 731 pages

File Size : 19,7 MB

Release : 2018

Category :

ISBN : 9789087224400

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Book Description

The concept of residence lies at the core of corporate income taxation. In domestic tax systems, the essential function of the residence concept is to subject resident corporate taxpayers to full tax liability, usually on a worldwide basis. In tax treaties, residence plays a fundamental role in the allocation of taxing powers between states. Moreover, within the European Union, it gives access to the legal protection granted to companies by internal market rules, whether contained in EU treaties (fundamental freedoms) or in tax directives. Today, however, the globalization and the digitalization of the economy are putting residence under heavy pressure. Within multinational enterprises, the geographical dislocation of the functions performed by people and entities within the multinational group makes it harder to identify a central place of decision or management in cases where this place is not the same as the place where the company was incorporated. Moreover, tax planning strategies involving location or the transfer of residence to low-tax jurisdictions have come under the spotlight of international organizations, such as the OECD and the European Union. Against this background, this book examines the notion of residence from a comparative, EU and international law perspective. It is divided into two parts. Part one comprises a general introductory report, as well as five thematic reports on key present and future issues concerning the tax residence of companies. Part two comprises the national reports of 14 EU Member States and 6 non-EU Member States (Norway, Russia, Serbia, Turkey, Ukraine and the United States). Those reports contain an extensive analysis of the definition and function of corporate tax residence on the basis of a questionnaire (which is included as an appendix in this book). With contributions from renowned academics from Europe and beyond, this book offers an insightful and multifaceted perspective on a fundamental concept of domestic and international taxation.



Corporate Residence and International Taxation

Author : Robert Couzin

Publisher : IBFD

Page : 295 pages

File Size : 26,2 MB

Release : 2002

Category : Conflict of laws

ISBN : 9076078483

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Book Description

Analysis of the case law test for corporate residence, developed mainly in the United Kingdom beginning in the 19th century, the residence definition adopted in the OECD Model Convention and some of its more common variants, and Canadian domestic statutory provisions.



Corporate Tax Residence and Mobility

Author : Edoardo Traversa

Publisher :

Page : 764 pages

File Size : 12,93 MB

Release : 2018

Category :

ISBN : 9789087224516

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Book Description

The concept of residence lies at the core of corporate income taxation. In domestic tax systems, the essential function of the residence concept is to subject resident corporate taxpayers to full tax liability, usually on a worldwide basis. In tax treaties, residence plays a fundamental role in the allocation of taxing powers between states. Moreover, within the European Union, it gives access to the legal protection granted to companies by internal market rules, whether contained in EU treaties (fundamental freedoms) or in tax directives. Today, however, the globalization and the digitalization of the economy are putting residence under heavy pressure. Within multinational enterprises, the geographical dislocation of the functions performed by people and entities within the multinational group makes it harder to identify a central place of decision or management in cases where this place is not the same as the place where the company was incorporated. Moreover, tax planning strategies involving location or the transfer of residence to low-tax jurisdictions have come under the spotlight of international organizations, such as the OECD and the European Union. Against this background, this book examines the notion of residence from a comparative, EU and international law perspective. It is divided into two parts. Part one comprises a general introductory report, as well as five thematic reports on key present and future issues concerning the tax residence of companies. Part two comprises the national reports of 14 EU Member States and 6 non-EU Member States (Norway, Russia, Serbia, Turkey, Ukraine and the United States). Those reports contain an extensive analysis of the definition and function of corporate tax residence on the basis of a questionnaire (which is included as an appendix in this book). With contributions from renowned academics from Europe and beyond, this book offers an insightful and multifaceted perspective on a fundamental concept of domestic and international taxation.



Tax Treaty Residence of Entities

Author : Jan Gooijer

Publisher : Kluwer Law International B.V.

Page : 383 pages

File Size : 15,94 MB

Release : 2019-09-13

Category : Law

ISBN : 9403513055

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Book Description

It is of great importance to be able to determine who or what is considered ‘resident’ within the meaning of tax treaty provisions. However, the concept of residence has never been fundamentally adjusted to current circumstances in which technological developments make it possible for corporations to explore the wide gap between their actual business operations and the ‘legalistic’ requirements for corporate residence. In this study of the OECD Model Tax Convention – the basis for most tax treaties – the author develops a clear understanding of the content of the residence concept as regards entities and proposes solutions to current problems, finishing with his own thoroughgoing definition. In seeking a definition of the term ‘resident’ that covers all uses in treaties, the analysis draws on, in addition to the current and earlier iterations of the OECD Model Law itself, such elements as the following: domestic law meaning of residence in the tax law of France, Germany, the Netherlands, the United Kingdom and the United States; Articles 31 and 32 of the Vienna Convention on the Law of Treaties; historical documents that uncover the ordinary meaning of treaty terms; tax treaty case law and court decisions; and fiscal, tax and legal scholarship surrounding the concept of residence for taxation purposes. The analysis includes a comprehensive description of tiebreaker rules, various perspectives on ‘place of effective management’ and policy considerations as to the further development of the treatment of entities under double tax conventions. Given the inordinate importance of the definition of ‘resident’, the differences in interpretation to which the current definition gives rise and the economic developments that call for an evaluation of the provision, this thorough examination of the treaty rules on residence of entities will be welcomed by tax lawyers, corporate counsel and policymakers and academics concerned with tax law. The author’s guidance on the concept of residence for tax purposes and his original proposals for reform will prove of great practical value for tax practitioners.



Reforming the US Corporate Tax

Author : Gary Clyde Hufbauer

Publisher : Peterson Institute

Page : 128 pages

File Size : 34,71 MB

Release : 2005

Category : Corporations

ISBN : 0881325740

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The Future of Corporate Residency

Author : Tsilly Dagan

Publisher :

Page : 33 pages

File Size : 25,9 MB

Release : 2018

Category :

ISBN :

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Book Description

Globalization and tax competition challenge residence base taxation of corporations, by pushing states to offer competitive “deals” in order to attract corporate-residents. This paper will describe this process and ask whether states could regain their power to tax corporations on a residence-basis through multilateral cooperation. It will argue that the history of cooperation on international tax among states raises some serious doubts, not only regarding the attainability and sustainability of such cooperation, but also regarding its desirability. The paper will start with a very brief review of the process of corporations gaining independence from the state turning them from chartered organizations reigned by the political institutions of the state into independent market actors. It will then consider the seemingly inverse process of the rationale for income taxation shifting from a market based logic of benefit taxation to a political rationale of taxation based on membership in (and commitment to) a political community. Both these processes burden the ability of states to benefit from the profits of corporations. Globalization and tax competition, the paper goes on to argue, present further challenges for the taxation of corporations. Tax competition not only marketizes the relationships between states and their corporate-taxpayers, but also fragmentizes it -- allowing taxpayers to pick and choose among various features of the different jurisdictions, thus seriously undermining the ability of states to collect taxes from such MNEs. The paper will conclude by discussing whether cooperation among states could offer a solution, arguing that such cooperation is not only extremely hard to attain and sustain, but also not necessarily desirable.



Corporate Residency in Australia : Back to the Future?.

Author : K. Sadiq

Publisher :

Page : pages

File Size : 31,74 MB

Release : 2021

Category :

ISBN :

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Book Description

In this article, the authors consider the possible impact of recent proposed changes to Australia's definition of corporate tax residency.



The David R. Tillinghast Lecture

Author : Daniel Shaviro

Publisher :

Page : 0 pages

File Size : 13,42 MB

Release : 2011

Category :

ISBN :

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Book Description

In an increasingly integrated global economy, with rising cross-border stock listings and share ownership, U.S. corporate residence for income tax purposes, which relies on one's place of incorporation, may become increasingly elective for new equity. Existing equity in U.S. companies, however, is effectively trapped here, given the difficulty of expatriating for tax purposes absent a bona fide acquisition by new owners. Both the prospect of rising tax electivity for new equity and the very different situation facing old U.S. equity have important implications for U.S. international tax policy. This paper therefore explores three main questions: (1) the extent to which U.S. corporate residence actually is becoming elective for new equity, (2) the implications of rising electivity for the age-old (though often mutually misguided) debate between proponents of residence-based worldwide corporate taxation on the one hand and a territorial or exemption system for foreign source income on the other, and (3) the transition issues for old equity if a territorial system is adopted.



Occupational Therapy Practice Framework: Domain and Process

Author : Aota

Publisher : AOTA Press

Page : 51 pages

File Size : 32,28 MB

Release : 2014

Category : Medical

ISBN : 9781569003619

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Book Description

As occupational therapy celebrates its centennial in 2017, attention returns to the profession's founding belief in the value of therapeutic occupations as a way to remediate illness and maintain health. The founders emphasized the importance of establishing a therapeutic relationship with each client and designing an intervention plan based on the knowledge about a client's context and environment, values, goals, and needs. Using today's lexicon, the profession's founders proposed a vision for the profession that was occupation based, client centered, and evidence based--the vision articulated in the third edition of the Occupational Therapy Practice Framework: Domain and Process. The Framework is a must-have official document from the American Occupational Therapy Association. Intended for occupational therapy practitioners and students, other health care professionals, educators, researchers, payers, and consumers, the Framework summarizes the interrelated constructs that describe occupational therapy practice. In addition to the creation of a new preface to set the tone for the work, this new edition includes the following highlights: a redefinition of the overarching statement describing occupational therapy's domain; a new definition of clients that includes persons, groups, and populations; further delineation of the profession's relationship to organizations; inclusion of activity demands as part of the process; and even more up-to-date analysis and guidance for today's occupational therapy practitioners. Achieving health, well-being, and participation in life through engagement in occupation is the overarching statement that describes the domain and process of occupational therapy in the fullest sense. The Framework can provide the structure and guidance that practitioners can use to meet this important goal.