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| Author | : Robert Stack |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
Download US Tax Policy and Attribution of Profits to Permanent Establishments Book in PDF, ePub and Kindle
Article 7 of the OECD Model concerns the attribution of profits to permanent establishments. The OECD Commentary on Article 7 has long observed that article 7 incorporates the arm's length standard, yet how the arm's length standard is taken into account for purposes of article 7 has historically generated a great deal of debate. To some extent, the adoption of the Authorised OECD Approach (AOA) in 2010 went a long way towards providing an analytic framework and settling that debate - but not all the way, and certainly not with respect to US treaties. This article examines in detail how the US Treasury, through the technical explanations of US treaties and in litigated cases, has articulated its understanding of how to attribute profits to permanent establishments in non-AOA treaties, and how those explanations can be reconciled with the view also expressed by the US Treasury in those same technical explanations that article 7 embodies the arm's length standard.Full-text Paper.
| Author | : Michael Lang |
| Publisher | : Linde Verlag GmbH |
| Total Pages | : 157 |
| Release | : 2020-04-08 |
| Genre | : Law |
| ISBN | : 3709410576 |
Download Attribution of Profits to Permanent Establishments Book in PDF, ePub and Kindle
Attribution of Profits to Permanent Establishments: Issues and Developments The profit attribution to permanent establishments is one of the most controversial topics in international tax law. In recent years it was subject to various changes based on the introduction of the “Authorized OECD Approach” in 2008 and 2010, the outcomes of Final Report on OECD BEPS Action 7 and the Final Report on “Additional Guidance on the Attribution of Profits to a Permanent Establishment under BEPS Action 7” from 2018 (with the previous Discussion-Drafts). This publication discusses the most important issues and recent developments related to the attribution of profits to permanent establishments. Starting with an in-depth analysis on the commonalities and differences between the profit attribution provisions in modern double tax treaties (ie Art 7 AOA vs Art 9 OECD/UN Models), it further deals with topics such as profit attribution to PEs and PE exemptions (Art 5 para 4), profit attribution to agency PEs (Art 5 para 5 and 6), and profit attribution to a "significant economic presence" and to market states. This book is based on the outcomes of the presentations and discussions held during the WU Transfer Pricing Symposium that took place in October 2019 at the WU Vienna University of Economics and Business. The authors, apart from providing a theoretical background to the discussed issues, also present case studies that show how certain issues can be approached in practice. Every chapter ends with a summary of the opinions on the issues at stake of representatives of tax administrations, multinationals and tax advisories, which completes this essential practical guideline.
| Author | : R.S. Collier |
| Publisher | : |
| Total Pages | : |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Download Five Core Problems in the Attribution of Profits to Permanent Establishments Book in PDF, ePub and Kindle
The rules regulating the attribution of profit to permanent establishments (PEs) are a fundamental feature of the existing international tax system yet are beset by a multitude of problems. This article identifies five "core" problems with these rules: (1) the absence of a single standard for PE profit attribution; (2) conceptual and practical problems arising in the application of the Authorised OECD Approach (AOA); (3) new pressures arising as a result of the changes made to the PE threshold rules by the BEPS Project; (4) the failure to deal with the uncertainties between the transfer pricing rules and the PE attribution rules in the aftermath of BEPS; and (5) a raft of new challenges arising from the work on the digitalization of the economy. To a large degree, these issues are symptomatic of the problems faced by the international tax system as a whole. This article analyses the source, nature and impact of these core problems, before concluding with some brief thoughts on potential solutions.
| Author | : Michael Kobetsky |
| Publisher | : Cambridge University Press |
| Total Pages | : 469 |
| Release | : 2011-09-15 |
| Genre | : Law |
| ISBN | : 1139500228 |
Download International Taxation of Permanent Establishments Book in PDF, ePub and Kindle
The effects of the growth of multinational enterprises and globalization in the past fifty years have been profound, and many multinational enterprises, such as international banks, now operate around the world through branches known as permanent establishments. The business profits article (Article 7) of the OECD model tax treaty attributes a multinational enterprise's business profits to a permanent establishment in a host country for tax purposes. Michael Kobetsky analyses the principles for allocating the profits of multinational enterprises to permanent establishments under this article, explains the shortcomings of the current arm's length principle for attributing business profits to permanent establishments and considers the alternative method of formulary apportionment for allocating business profits.
| Author | : Radhakishan Rawal |
| Publisher | : Spiramus Press Ltd |
| Total Pages | : 551 |
| Release | : 2006 |
| Genre | : Business & Economics |
| ISBN | : 1904905455 |
Download The Taxation of Permanent Establishments Book in PDF, ePub and Kindle
The dramatic advances in communications and technology that have taken place in recent years, combined with the progressive development of the Indian economy, have enticed many multi-national companies to tap the rich resources which India has to offer in terms of front-line business support services and customer relations. This has thrust the Indian tax system into the limelight, with multi-nationals and their advisers now needing to become familiar with the relevant aspects of Indian tax law and practice, and in particular, how India approaches the concept of permanent establishment and the circumstances in which a liability to tax in India could arise. This book's principal theme is the taxation of permanent establishments, taking as its starting point the OECD (Organisation for Economic Co-operation and Development) model convention on the avoidance of double taxation, and examining how the Indian courts and India's law-makers have interpreted the rules governing attribution of profits. The book examines the current issues to which the establishment of business centers in India by multi-nationals have given rise, relating how the law is developing to take account of these latest international business trends.
| Author | : Sven Hentschel |
| Publisher | : Springer Nature |
| Total Pages | : 521 |
| Release | : 2021-06-26 |
| Genre | : Law |
| ISBN | : 3658340002 |
Download The Taxation of Permanent Establishments Book in PDF, ePub and Kindle
This book provides a comprehensive analysis of the rules governing the taxation of permanent establishments as implemented in the OECD Model Tax Convention and German national tax law. Deviations between the OECD approach and the German approach are identified and modifications to the rules as a result of the Base Erosion and Profit Shifting (BEPS) project are examined. Moreover, challenges imposed to the PE concept as a result of the digitalisation of the economy are identified and discussed. Against this background, the Pillar One Blueprint proposing a long-term solution to overcome the tax challenges arising from the digitalisation of the economy is presented and assessed against widely accepted overarching principles of tax policy.
| Author | : S.B. Law |
| Publisher | : |
| Total Pages | : |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
Download Profit Attribution to Permanent Establishments : a Tax Treaty Perspective on the "single Taxpayer" Approach Book in PDF, ePub and Kindle
In this article, the author provides a tax treaty perspective on the OECD's Additional Guidance on the Attribution of Profits to Permanent Establishments, Action 7 - 2017 Public Discussion Draft, observing that countries which continue to follow article 7 of the pre-2010 OECD Model and the current UN Model would likely not accept the "single taxpayer" approach of attributing zero or minimal profits to a permanent establishment.
| Author | : Xavier Oberson |
| Publisher | : IBFD |
| Total Pages | : 457 |
| Release | : 2011 |
| Genre | : Double taxation |
| ISBN | : 9087220987 |
Download Switzerland in International Tax Law Book in PDF, ePub and Kindle
"Switzerland has recently witnessed an unprecedented level of tax treaty negotiations. Although this is a direct result of Switzerland's revised position regarding exchange of information, a number of contracting states have taken this opportunity to modify tax treaty benefits and/or clarify certain aspects of tax treaty interpretation and application. These are considered extensively in this edition. As Switzerland has steadily aligned itself with international principles of international taxation, the self-imposed anti-abuse rules for the application of tax treaties have become less relevant. Nevertheless, Swiss courts have become more creative in determining where there is and where there is not treaty abuse. As a result, the 1962 Abuse Decree is making way for a more complex basket of anti-abuse rules and regulations"--Foreword (page vii).
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 218 |
| Release | : 2018-03-16 |
| Genre | : |
| ISBN | : 9264293086 |
Download OECD/G20 Base Erosion and Profit Shifting Project Tax Challenges Arising from Digitalisation – Interim Report 2018 Inclusive Framework on BEPS Book in PDF, ePub and Kindle
This interim report of the OECD/G20 Inclusive Framework on BEPS is a follow-up to the work delivered in 2015 under Action 1 of the BEPS Project on addressing the tax challenges of the digital economy.
| Author | : Carlo Garbarino |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 375 |
| Release | : 2019 |
| Genre | : Corporations |
| ISBN | : 1788976894 |
Download Taxation of Bilateral Investments Book in PDF, ePub and Kindle
The OECD’s guidance on combatting tax avoidance strategies associated with Base Erosion and Profit Sharing (BEPS) methods is complex and accompanied by a wealth of literature. This book is the first to provide a concise and accessible overview of counter BEPS measures in the OECD Model and Commentary, allowing readers to gain a practical understanding of how the measures can impact the taxation of bilateral investments protected by tax treaties.
