› › Tax Abuse And Aggressive Tax Planning In The Beps Era

Tax Abuse and Aggressive Tax Planning in the BEPS Era

Author : Paolo Piantavigna

Publisher :

Page : 0 pages

File Size : 26,28 MB

Release : 2023

Category :

ISBN :

Get eBook

Book Description

The article aims to demonstrate how EU law and the OECD are establishing a unifying conceptual framework in which the two different seminal phenomena, "tax abuse" and "aggressive tax planning", can be acknowledged in the new (global) operating environment. The purpose of this article is to critically assess the meaning of these concepts, broadly used in several EU and OECD soft law instruments. These concepts cannot be completely formalized or objectified, but the resulting uncertainty of their application can be reduced to an acceptable level. In the search for a useful reference point to delimit tax abuse from aggressive tax planning, particular attention is paid to the definitions conveyed (and the wording used) by EU institutions and the OECD. Indeed, the purpose of this article is also to establish a starting point for the discussion on linguistic discrepancies that can arise, and it provides for a preliminary categorization of them. Further to the analysis of these discrepancies, the article explains the reciprocal influences between the European Union and the OECD, and highlights how the promotion of a theoretical understanding and careful empirical handling of the relevant practices should enrich the discussion and foster consistent implications. In particular, how consensus on the development of a linguistic and conceptual framework could enhance the resolution of some issues is emphasized and, more specifically, to what extent EU law allows the base erosion and profit shifting (BEPS) Project to be applied in the EU area, knowing that EU institutions cannot provide for any ex ante guarantee on the compliance of BEPS with EU law. To ensure that the important goals of global tax coordination - that the implementation of the BEPS Project implies - are achieved, this contribution aims to delineate preliminary clarifications in these areas.Full-text Paper.



Tax Abuse and Aggressive Tax Planning in the BEPS Era : how EU Law and the OECD are Establishing a Unifying Conceptual Framework in International Tax Law, Despite Linguistic Discrepancies

Author : P. Piantavigna

Publisher :

Page : pages

File Size : 40,7 MB

Release : 2017

Category :

ISBN :

Get eBook

Book Description

The article aims to demonstrate how EU law and the OECD are establishing a unifying conceptual framework in which the two different seminal phenomena, "tax abuse" and "aggressive tax planning", can be acknowledged in the new (global) operating environment. The purpose of this article is to critically assess the meaning of these concepts, broadly used in several EU and OECD soft law instruments. These concepts cannot be completely formalized or objectified, but the resulting uncertainty of their application can be reduced to an acceptable level. In the search for a useful reference point to delimit tax abuse from aggressive tax planning, particular attention is paid to the definitions conveyed (and the wording used) by EU institutions and the OECD. Indeed, the purpose of this article is also to establish a starting point for the discussion on linguistic discrepancies that can arise, and it provides for a preliminary categorization of them. Further to the analysis of these discrepancies, the article explains the reciprocal influences between the European Union and the OECD, and highlights how the promotion of a theoretical understanding and careful empirical handling of the relevant practices should enrich the discussion and foster consistent implications. In particular, how consensus on the development of a linguistic and conceptual framework could enhance the resolution of some issues is emphasized and, more specifically, to what extent EU law allows the base erosion and profit shifting (BEPS) Project to be applied in the EU area, knowing that EU institutions cannot provide for any ex ante guarantee on the compliance of BEPS with EU law. To ensure that the important goals of global tax coordination - that the implementation of the BEPS Project implies - are achieved, this contribution aims to delineate preliminary clarifications in these areas.



Tax Sovereignty in the BEPS Era

Author : Sergio André Rocha

Publisher : Kluwer Law International B.V.

Page : 338 pages

File Size : 43,30 MB

Release : 2016-04-24

Category : Law

ISBN : 9041167080

Get eBook

Book Description

The power of a country to freely design its tax system is generally understood to be an integral feature of sovereignty. However, as an inevitable result of globalization and income mobility, one country’s exercise of tax sovereignty often overlaps, interferes with, or even impedes that of another. In this collection of essays, internationally respected practitioners and academics reveal how the OECD’s Base Erosion and Pro t Shifting (BEPS) initiative, although a major step in the right direction, is insuf cient to resolve the tax sovereignty paradox. Each contribution deals with different facets of a single topic: How tax sovereignty is shaped in a post ,BEPS world. The contributors provide in ,depth analysis of such relevant issues as the following: hy multilateral cooperation and soft law consensus are the preferred solutions to a loss of autonomy over national tax policy; – how digital commerce has upended traditional notions of source and residence; – why residence and source continue to be the two essential building blocks of tax sovereignty and the backbone of the international tax system; – how developing countries can take advantage of the new international tax architecture to ensure that their voices are truly shaping the standards; and – transfer pricing reform. Collectively, the authors provide an authoritative commentary on the necessary preconditions for exercising the power to tax in today’s world. Their perspectives and recommendations will prove of great value to all policymakers, legislators, practitioners, and academics in the international taxation arena.



International Tax Structures in the BEPS Era

Author : Madalina Cotrut

Publisher :

Page : 324 pages

File Size : 28,10 MB

Release : 2015

Category :

ISBN : 9789087223335

Get eBook

Book Description

Tax planning structures used by some MNEs have become the bane of policymakers nowadays, at the OECD as well as the EU level, since recent statistics revealed public budgets were deprived of billions of euros. 0Within the context of recent developments in the tax arena, this book examines the anti-abuse measures that already exist in various countries and scrutinizes the effectiveness of these measures in countering aggressive tax structures. This work can be considered complementary to the reports issued or to be issued by the OECD, and to the recent activity at the EU level, as it provides an in-depth analysis of what is already happening in practice in various countries when they encounter abusive tax structures. It also highlights the challenges implicit in the recommended measures in the draft reports issued by the OECD up until 1 May 2015, with some exceptions. The book provides the reader with an analysis of the most common strategies against tax avoidance; the key concepts in international tax structuring, such as the use of permanent establishments and the exploitation of transfer pricing rules; and the intricacies of anti-abuse measures that counter tax structuring schemes used for financing activities and for selected business models, specifically related to supply chain management, IP migration and exploitation, the digital economy and holding companies.



Double Non-taxation and the Use of Hybrid Entities

Author : Leopoldo Parada

Publisher : Kluwer Law International B.V.

Page : 411 pages

File Size : 15,25 MB

Release : 2018-04-18

Category : Law

ISBN : 9041199926

Get eBook

Book Description

The topics of double non-taxation and hybrid entities have acquired a particular importance in a context where transformations within the tax world seem to be leading to an international commitment most materially manifested in the OECD Base Erosion and Profit Shifting (BEPS) project. In what is the first systematic in-depth critique of the BEPS Action Plan 2 with regard to hybrid entities, this timely book provides a critical review of the OECD’s approach and proposes a deeply informed alternative method based on the tax policy aims of simplicity, coherence and ease of administration. The author analyses the interaction between the double non-taxation outcome and the use of hybrid entities in an approach not strictly linked to any specific tax jurisdiction. To this end, the analysis includes case studies and examples from a range of jurisdictions emphasizing the international tax context, including the application of tax treaties. Among the seminal matters covered are the following: – foundations of the concepts of double non-taxation and hybrid entities, absent of the specific limitations of domestic tax legislation; – extensive analysis based on the rules of characterization of foreign entities for tax purposes in the United States, Spain, Denmark and Germany, as well as on the Poland/United States and Canada/United States tax treaties; – detailed analysis on the implications of Article 1(2) OECD Model Tax Convention and Article 3(1) Multilateral Instrument, especially having in mind the position of developing (source) countries; and – EU tax law as part of the international context, including an extensive analysis on the EU Anti-Tax Avoidance Directive (ATAD) I and ATAD II. Detailed comparisons between the author’s proposal and other existing rules elucidate common points and deviations. If merely for its unparalleled clarification of the issues, this book will prove of immeasurable value to practitioners, tax authorities, policymakers and academics concerned with international tax law. Beyond that, as an authoritative guide that promises to reorient the discussion to what really matters in the debate regarding double non-taxation and hybrid entities, this analysis elaborates solutions applicable to a generality of cases worldwide, and thus hugely promotes the urgent quest for alternative solutions.



The Meaning of Avoidance and Aggressive Tax Planning and the BEPS Initiative

Author : Maarten Floris de Wilde

Publisher :

Page : 36 pages

File Size : 22,1 MB

Release : 2016

Category :

ISBN :

Get eBook

Book Description

This national report has been prepared as a contribution to the Conference of the European Association of Tax Law Professors entitled 'Tax Avoidance Revisited: Exploring the Boundaries of Anti-Avoidance Rules in the EU BEPS Context. The conference is to be held in Munich, Germany, on 2-4 June 2016. The national report - quite comprehensively - deals with the phenomena of tax avoidance and tax planning by multinationals and the addressing of these in the Netherlands' corporation tax system. Topics addressed include: • General observations on tax avoidance, tax planning and aggressive tax planning;• National GAAR (fraus legis), and accompanying case law including case law on mismatches;• Tax Base Calculation/Transfer Pricing, and accompanying case law (e.g. “Non-Businesslike Loans”, “Umbrella guarantee”, “Mauritius” and “Italian Listed Company”);• SAARS (interest deduction limitations - 10a, 10b, 13l, and 15ad CITA) including case law;• SAARS (other than interest deduction limitations - 13(17), 13a, 13aa, 17(3)(b), 20(4), 20a CITA, 4(7) DWTA) and accompanying case law;• Case law on corporate interrelationships anti-abuse; • OECD BEPS impacts;• EU BEPS/EU interrelationships (soft law/hard law; both primary/secondary law - e.g. Freedoms, Parent-Subsidiary Directive);• Rulings practices;• Netherlands international tax policy aspects involving BEPS measures.



BEPS and Aggressive Tax Planning

Author : Irma Johanna Mosquera Valderrama

Publisher :

Page : 16 pages

File Size : 41,97 MB

Release : 2018

Category :

ISBN :

Get eBook

Book Description

The aim of this paper is to assess the feasibility to introduce the OECD-BEPS measures to deal with aggressive tax planning in South America and Sub-Saharan Africa. The BEPS and its Action Plan have been developed by the OECD following the G20 mandate and it provides new international tax standards to be applicable to all countries including OECD and non-OECD countries.This paper will provide a comparative analysis of the South America and the Sub-Saharan African region taking into account the country's economic development, tax administration capacity and resources, and the use (or not) of domestic laws and tax treaty rules to tackle aggressive tax planning. The South American and Sub-Saharan African regions have been chosen since they consist mostly of developing (non-OECD) countries. The comparative analysis of the exchange of best practices and challenges in these two regions will be useful for the OECD-BEPS Project and for the BEPS Multilateral Instrument that will be open for adoption by developing and developed countries.This paper is structured as follows: Section 1 contains a short introduction to the BEPS Actions dealing with aggressive tax planning and the discussions at OECD and UN level. Section 2 will provide the assessment of feasibility of the BEPS in South America and Sub-Saharan Africa. Finally, in Section 3, conclusions and recommendations will be presented.



Tax Avoidance Revisited in the EU BEPS Context

Author : Ana Paula Dourado

Publisher :

Page : 808 pages

File Size : 31,44 MB

Release : 2017

Category :

ISBN : 9789087224233

Get eBook

Book Description

This book discusses the legal meaning of tax avoidance and aggressive tax planning in 23 EU and non-EU jurisdictions and analyses the repercussions of the BEPS initiatives on those concepts. It further discusses (i) whether there is a supranational meaning of tax avoidance and aggressive tax planning, both at the OECD/G20 and EU levels; (ii) the role played by transfer pricing rules in tax avoidance; and (iii) consistency and hierarchy among the BEPS initiatives. National reports examine the response to tax avoidance and aggressive tax planning in individual jurisdictions, taking into account the OECD/G20 BEPS recommendations and the European Union's reactions. They also give notice of general anti-avoidance rules, special anti-avoidance rules and transfer pricing rules in force in each jurisdiction, analyse their meaning and scope, and trace the interactions among them. The national reports are accompanied by a general report, along with four thematic reports covering the main topics discussed during the 2016 EATLP Congress, held in Munich.



Tax Design and Administration in a Post-BEPS Era

Author : Kerrie Sadiq

Publisher :

Page : 356 pages

File Size : 44,5 MB

Release : 2019

Category : Business & Economics

ISBN : 9781906201487

Get eBook

Book Description

In 2015 the OECD released its roadmap to address Base Erosion and Profit Shifting - the largest reform of international tax the world has seen in a century. This volume is a comprehensive stock-take of the BEPS implementation that looks beyond a mere checklist of action or non-action to explore the experiences of 18 different jurisdictions.



A Multilateral Convention for Tax

Author : Sergio André Rocha

Publisher : Kluwer Law International B.V.

Page : 401 pages

File Size : 24,4 MB

Release : 2021-11-29

Category : Law

ISBN : 9041194290

Get eBook

Book Description

The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is the most forceful multilateral initiative to coordinate tax regimes on a worldwide basis since the dawn of modern income taxation over a century ago. This book evaluates two radically opposed viewpoints on the convention—a momentous and revolutionary paradigm shift versus a mechanism that merely continues an ongoing flow of limited policy coordination—with detailed investigations that bring to life the hopes and the realities of the current era of multilateral tax cooperation. Bringing together authors from national jurisdictions across the globe to scrutinize the MLI and its likely future ramifications, the book provides in-depth commentary and analysis in the following sequence: first, a comprehensive discussion of the design and goals of the MLI as a treaty and an institutional framework; second, an overview of the structure of the convention and its take-up across the globe to date; and third, the substantive implementation of the MLI with a wide range of country reports. Practice areas covered include tax law, international law, and international relations. The legal workings and implications of the MLI might still seem mysterious to those whose daily work is impacted by it, and there is as yet little jurisprudence regarding its legal nature or ultimate effect on the bilateral treaties coming within its scope. For these reasons, this pathbreaking book will be warmly welcomed by in-house counsel and law firms advising cross-border investors and firms; nongovernmental organizations involved in policy analysis and issue advocacy; researchers working on technical areas of international tax law; and lawyers interested in international policymaking, including the creation and diffusion of consensus-based fiscal and related regulatory norms across jurisdictions of differing development levels.