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The principle of non-discrimination in international and European tax law

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Author :
Release : 2012
Genre : Conflict of laws
Kind : eBook
Book Rating : 592/5 ( reviews)

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Book Synopsis The principle of non-discrimination in international and European tax law by : Niels Bammens

Download or read book The principle of non-discrimination in international and European tax law written by Niels Bammens. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed.

Non-discrimination in European and Tax Treaty Law

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Author :
Release : 2015
Genre : Aufsatzsammlung
Kind : eBook
Book Rating : 602/5 ( reviews)

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Book Synopsis Non-discrimination in European and Tax Treaty Law by : Kasper Dziurdź

Download or read book Non-discrimination in European and Tax Treaty Law written by Kasper Dziurdź. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt:

Non-Discrimination in European and Tax Treaty Law

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Author :
Release : 2015
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Non-Discrimination in European and Tax Treaty Law by :

Download or read book Non-Discrimination in European and Tax Treaty Law written by . This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt:

Investment Fund Taxation

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Author :
Release : 2017-04-24
Genre : Law
Kind : eBook
Book Rating : 79X/5 ( reviews)

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Book Synopsis Investment Fund Taxation by : Werner Haslehner

Download or read book Investment Fund Taxation written by Werner Haslehner. This book was released on 2017-04-24. Available in PDF, EPUB and Kindle. Book excerpt: The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation. The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into: – the regulatory regime for European investment funds; – the tax law and reforms in both Luxembourg and Germany; – the role of the European Commission’s State-aid practices; – examples of case law concerning the application of non-discrimination rules to various investment vehicles; – the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive; – the availability of tax treaty protection for different collective and non-collective investment funds; – the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments; – the value-added tax (VAT) treatment of investment funds and their managers; and – the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures. With its particular focus on Luxembourg – the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation – this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry. As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.

Non-Discrimination in Tax Treaties

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Author :
Release : 2016
Genre :
Kind : eBook
Book Rating : 793/5 ( reviews)

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Book Synopsis Non-Discrimination in Tax Treaties by : Pasquale Pistone

Download or read book Non-Discrimination in Tax Treaties written by Pasquale Pistone. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1: Nationality Non-Discrimination and Article 24 OECD Model: Perennial Issues, Recent Trends and New Approaches - 2: Non-Discrimination on the Basis of Nationality in IIAs: A Latin American Tax Perspective - 3: Interest Deduction Limitations: When To Apply Articles 9 and 24(4) of the OECD Model? - 4: Revisiting the Application of the Capital Ownership Non-Discrimination Provision in Tax Treaties - 5: Non-Discrimination in Tax Treaties – Art. 24(4) and (5) OECD MC: A Russian Approach to Tax Treaty Interpretation - 6: Non-Discrimination and Harmful Tax Competition under WTO Law and Article 24 of the OECD Model - 7: Non-Discrimination: Can the EU Learn from the OECD Model Convention and Vice Versa? - 8: Non-Discrimination à la Cour: The ECJ’s (Lack of) Comparability Analysis in Direct Tax Cases - 9: Discriminatory Taxation and the European Convention on Human Rights.

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