Fixed Establishments And Permanent Establishments The Vat And Direct Tax Concepts Are Drifting Further Apart PDF Download
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| Author | : I. Lejeune |
| Publisher | : |
| Total Pages | : |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Download Fixed Establishments and Permanent Establishments : the VAT and Direct Tax Concepts are Drifting Further Apart Book in PDF, ePub and Kindle
Business models of multinational companies have evolved at a much speedier pace than the international tax framework. In October 2015, the OECD issued a final report on Action 7 in the context of its Base Erosion and Profit Shifting Project (BEPS). The report on Action 7 contains a clear plea to revise the notion of permanent establishment (PE) from a direct tax perspective under the various double tax treaties, thereby widening the scope. This does not, however, imply that the VAT threshold for a fixed establishment (FE) should be lowered. In this article, the authors analyse both concepts based on the recent developments at the OECD level and the ECJ's VAT case law on the subject to spot similarities and differences. The authors find that the concepts are continuing to evolve in different directions, whereby a fact pattern will increasingly lead to different qualifications from a VAT and corporate tax perspective.
| Author | : Rita de la Feria |
| Publisher | : |
| Total Pages | : 28 |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Download Permanent Establishments in Indirect Taxation Book in PDF, ePub and Kindle
Similarly to the significant of the concept of permanent establishment (PE) for the purpose of income taxes rules, the relevance of the concept of fixed establishment (FE) for the VAT rules can hardly be overestimated. The term plays a central role, and is consistently relied upon by the legislator, for both determining the place of supply of services in VAT, and to establish the right to VAT refund, where tax is incurred in a country other than that where the business is established. Yet, despite its significance, the term is far from clear, and in recent years the debate over its definition and scope, primarily in the context of new, globalised, economic realities, and the development of the digital economy, has intensified. The aim of this chapter is to shed light over the meaning and significance of the concept of FE for VAT purposes. It will focus first on the meaning and significance of the concept from the perspective of European VAT legislation and the jurisprudence of the Court of Justice of the European Union (CJEU). It will then discuss current challenges to the current law posed by new economic realities, discrepant application of the FE criterion at national level, and its links to the PE concept. It is argued that the case law of the CJEU highlights the challenges posed by both globalisation, and digitalisation of the world economy, and that whilst it provides short-term relief to these challenges, dealing with them on a longer term basis will require re-assessment of established jurisprudence. It considers some of the key decisions on FE by national courts, concluding that whilst a unified concept of secondary establishment for the purposes of income tax and VAT is desirable, at present equating PE to FE would likely give rise to double taxation within VAT.
| Author | : Florian Haase |
| Publisher | : Oxford University Press |
| Total Pages | : 1185 |
| Release | : 2023-09-22 |
| Genre | : Law |
| ISBN | : 0192652346 |
Download The Oxford Handbook of International Tax Law Book in PDF, ePub and Kindle
International Tax Law is at a turning point. Increased tax transparency, the tackling of Base Erosion and Profit Shifting (BEPS), the reconstruction of the network of bilateral tax treaties, the renewed discussion about a fair and efficient allocation of taxing rights between States in a global, digitalized economy, and the bold push for minimum corporate taxation are some expressions of this shift. This new era also demonstrates the increased influence of international standard setters such as the OECD, the UN, and the EU. Each of these developments alone has the potential of being disruptive to the traditional world of international tax law, but together they have the potential to reshape the international tax system. The Oxford Handbook of International Tax Law provides a comprehensive exploration of these key issues which will shape the future of tax law. Divided into eight parts, this handbook traces the history of international tax law from its earliest days until the present, including reflections on the developments that have characterized the last one hundred years. The second section places tax law within the broader international context considering how it relates to public and private international law, as well as corporate, trade, and criminal law. Sections three and four consider key legal principles and issues such as regional tax treaty models, OECD dispute resolution, and transfer pricing versus formulary apportionment. Subsequent analysis places these issues within their European and cross-border contexts providing an assessment of the role of the ECJ, state aid, and cross-border VAT. Section seven broadens the scope of this analysis, asking how trends in recent major economies and regions have helped shape the current outlook. The final section considers emerging issues and the future of international tax law. With over sixty authors from 28 different countries, the Oxford Handbook of International Tax Law is an invaluable resource for scholars, academics, and practitioners alike.
| Author | : Ina Kerschner |
| Publisher | : Linde Verlag GmbH |
| Total Pages | : 467 |
| Release | : 2017-10-04 |
| Genre | : Law |
| ISBN | : 3709409047 |
Download Taxation in a Global Digital Economy Book in PDF, ePub and Kindle
Time to discuss anti-BEPS measures around digitalization In the course of the BEPS Report on Action 1, it was concluded that there was no instantaneous need for specific rules to address base erosion and profit shifting (BEPS) made possible by the digitalization of enterprises and new digital businesses. At the same time, it was acknowledged that general measures may not suffice with the assessment of results to begin in 2020. While awaiting possible fundamental reforms of the tax framework, it is time to discuss anti-BEPS measures bearing in mind the peculiar features of the digital economy such as increased mobility, no need for physical presence, and dematerialization. The Book focuses on five key areas of interest:International Tax PolicyTax Treaty LawTransfer PricingIndirect Taxation IssuesEU Law“Taxation in a Global Digital Economy” analyses the issues and addresses the five key areas of interest from various viewpoints.
| Author | : Sebastian Beer |
| Publisher | : International Monetary Fund |
| Total Pages | : 51 |
| Release | : 2020-02-28 |
| Genre | : Business & Economics |
| ISBN | : 1513528327 |
Download Exploring Residual Profit Allocation Book in PDF, ePub and Kindle
Schemes of residual profit allocation (RPA) tax multinationals by allocating their ‘routine’ profits to countries in which their activities take place and sharing their remaining ‘residual’ profit across countries on some formulaic basis. They have recently and rapidly come to prominence in policy discussions, yet almost nothing is known about their impact on revenue, investment and efficiency. This paper explores these issues, conceptually and empirically. It finds residual profits to be substantial, but concentrated in a relatively few MNEs, headquartered in few countries. The impact on tax revenue of reallocating excess profits under RPA, while adverse for investment hubs, appears beneficial for lower income countries even when the formula allocates by destination-based sales. The impact on investment incentives is ambiguous and specific both to countries and MNE groups; only if the rate of tax on routine profits is low does aggregate efficiency seem likely to increase.
| Author | : Sol Picciotto |
| Publisher | : Praeger |
| Total Pages | : 424 |
| Release | : 1992-03-02 |
| Genre | : Business & Economics |
| ISBN | : |
Download International Business Taxation Book in PDF, ePub and Kindle
This book is a study on the historical development and current status of international tax law in several of the world's most important trading economies. The book emphasizes the laws and policies of the United States, Western Europe, the United Nations, and the OECD. Chapter eight contains a discussion of transfer pricing. Chapter ten addresses the internationalization of tax administrations, contains information relating to tax havens, anti-tax haven legislation, transfer pricing, and tax treaties. Other chapters cover the history, principles and policies of international tax laws; the past and present status of the international tax treaty system; international tax avoidance; the problems created by tax deferrals; worldwide unitary tax issues; and global business and international fiscal laws.
| Author | : Thomas Dalsgaard |
| Publisher | : |
| Total Pages | : 86 |
| Release | : 2000 |
| Genre | : Fiscal policy |
| ISBN | : |
Download The Tax System in Mexico Book in PDF, ePub and Kindle
| Author | : Chris R. Edwards |
| Publisher | : Cato Institute |
| Total Pages | : 267 |
| Release | : 2008 |
| Genre | : Business & Economics |
| ISBN | : 1933995181 |
Download Global Tax Revolution Book in PDF, ePub and Kindle
Introduction -- Capital explosion -- Tax cut revolution -- Flat tax club -- Mobile brains and mobile wealth -- Taxing businesses in the global economy -- The economics of tax competition -- The battle for freedom and competition -- The moral case for tax competition -- Options for U.S. policy.
| Author | : Michael P. Devereux |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2020-09-29 |
| Genre | : Business & Economics |
| ISBN | : 0198808062 |
Download Taxing Profit in a Global Economy Book in PDF, ePub and Kindle
The international tax system is in dire need of reform. It allows multinational companies to shift profits to low tax jurisdictions and thus reduce their global effective tax rates. A major international project, launched in 2013, aimed to fix the system, but failed to seriously analyse the fundamental aims and rationales for the taxation of multinationals' profit, and in particular where profit should be taxed. As this project nears its completion, it is becomingincreasingly clear that the fundamental structural weaknesses in the system will remain. This book, produced by a group of economists and lawyers, adopts a different approach and starts from first principles in order to generate an international tax system fit for the 21st century. This approach examines fundamental issues of principle and practice in the taxation of business profit and the allocation of taxing rights over such profit amongst countries, paying attention to the interests and circumstances of advanced and developing countries. Once this conceptual framework is developed, the book evaluates the existing system and potential reform options against it. A number of reform options are considered, ranging from those requiring marginal change to radically different systems. Some options have been discussed widely. Others, particularly Residual Profit Split systems and a Destination Based Cash-Flow Tax, are more innovative and have been developed at some length and in depth for the first time in this book. Their common feature is that they assign taxing rights partly/fully to the location of relatively immobile factors: shareholders or consumers.
| Author | : Thomas Farole |
| Publisher | : World Bank Publications |
| Total Pages | : 328 |
| Release | : 2011-01-01 |
| Genre | : Business & Economics |
| ISBN | : 0821386395 |
Download Special Economic Zones in Africa Book in PDF, ePub and Kindle
"This book, designed for policymakers, academics and researchers, and SEZ program practitioners, provides the first systematic and comprehensive analysis of SEZ programs in Sub-Saharan Africa. It is the result of detailed surveys and case studies conducted during 2009 in ten developing countries, including six in Sub-Saharan Africa. The book provides quantitative evidence of the performance of SEZs, and of the factors which contribute to that performance, highlighting the critical importance not just of the SEZ itself but of the wider national investment climate in which it functions. It also provides a comprehensive guide to the key policy questions that confront governments establishing SEZ programs, including: if and when to launch an SEZ program, what form of SEZ is most appropriate, and how to go about implementing it. Among the most important findings from the study that is stressed in the book is the shift from traditional enclave models of zones to SEZs that are integrated ? with national trade and industrial strategies, with core trade and social infrastructure, with domestic suppliers, and with local labor markets.Although the book focuses primarily on the experience of Sub-Saharan Africa, its lessons will be applicable to developing countries around the world."
