A VAT/GST Model Convention

A VAT/GST Model Convention
Author: Thomas Ecker
Publisher: IBFD
Total Pages: 493
Release: 2013
Genre: Double taxation
ISBN: 908722172X

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Given the increasing problem of double taxation concerning value added tax (VAT)/goods and services tax (GST) and the resulting constraints to international trade, it is time for the international community to take action. This book analyses the phenomenon of VAT/GST double taxation and possible remedies. VAT/GST treaties would be one of them. But how should one design a VAT/GST treaty? To what extent do existing income tax treaties already apply to VAT/GST? Can income tax treaties simply be extended to VAT/GST or is there a need for a separate, independent VAT/GST treaty? Can the concepts, functioning, and structure of income tax treaties be used for VAT/GST purposes? What are possible alternatives? What should the scope of a VAT/GST treaty be? How can taxing rights be allocated between the parties to a treaty?

International VAT/GST Guidelines

International VAT/GST Guidelines
Author:
Publisher:
Total Pages: 116
Release: 2017
Genre:
ISBN: 9789264295490

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Value Added Tax (VAT; also known as Goods and Services Tax, under the acronym GST in a number of OECD countries) has become a major source of revenue for governments around the world. Some 165 countries operated a VAT at the time of the completion of the International VAT/GST Guidelines in 2016, more than twice as many as 25 years before. As VAT continued to spread across the world, international trade in goods and services has also expanded rapidly in an increasingly globalised economy. One consequence of these developments has been the greater interaction between VAT systems, along with growing risks of double taxation and unintended non-taxation in the absence of international VAT co-ordination. The International VAT/GST Guidelines now present a set of internationally agreed standards and recommended approaches to address the issues that arise from the uncoordinated application of national VAT systems in the context of international trade. They focus in particular on trade in services and intangibles, which poses increasingly important challenges for the design and operation of VAT systems worldwide. They notably include the recommended principles and mechanisms to address the challenges for the collection of VAT on cross-border sales of digital products that had been identified in the context of the OECD/G20 Project on Base and Erosion and Profit Shifting (the BEPS Project). These Guidelines were adopted as a Recommendation by the Council of the OECD in September 2016.

Model tax conventions

Model tax conventions
Author: United States. Congress. Joint Committee on Internal Revenue Taxation
Publisher:
Total Pages: 714
Release: 1962
Genre: Double taxation
ISBN:

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VAT/GST in a Global Digital Economy

VAT/GST in a Global Digital Economy
Author: Rebecca Millar
Publisher:
Total Pages: 24
Release: 2016
Genre:
ISBN:

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This working paper gives a broad-sweep consideration to the future of VAT in a digital economy, focussing on four broad, interrelated questions: does anything need to be done, and if yes, who should do it, what should be done, and how should it be done? Noting the historical development of the OECD work on cross-border VAT rules for digital and other services - and the expansion and increased attention to that work as a result of its inclusion in the BEPS process - the author answers the first question in the affirmative and then turns to the remaining questions. A strong preference is expressed for continuing the existing multifaceted, multipronged, diffuse approach to improving and coordinating the collection of VAT in a cross-border context. After rejecting the notion of a VAT multilateral tax instrument, along the lines of the OECD Model Tax Convention, the paper concludes with a more small-picture list of specific things that could be done, and/or which currently are being done in some countries, and which could be elevated to the status of international best practice and widely adopted by countries operating a fully-fledged VAT.Though written in 2014, prior to the release of the final version of the OECD International VAT/GST Guidelines and recent or proposed extensions of consumption tax to inbound digital services in Japan, Australia, New Zealand, Korea, and other countries, the paper remains highly topical and relevant to the current discourse on cross-border rules for VAT and GST laws.A version of this paper was published as Chapter 5 in Michael Lang and Ine Lejeune (eds.), VAT/GST in a Global Digital Economy (2015 Kluwer Law International Alphen aan den Rijn:), pp. 173-196.

Justice, Equality and Tax Law

Justice, Equality and Tax Law
Author: Nevia Čičin-Šain
Publisher: Linde Verlag GmbH
Total Pages: 541
Release: 2022-10-05
Genre: Law
ISBN: 3709412587

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An in-depth analysis of the specific aspects of justice, equality and tax law "Justice, Equality and Tax Law" is a topic that is both old and new at the same time. Even if the society changes, the demands that tax needs to be just and equal seem to be immutable. What changes, of course, is the perception of the content of those demands. International taxation post-BEPS has been fraught with new challenges that warranted urgent responses. These challenges were mainly provoked by the unprecedented rise of the digital economy which truly marked a change in the way business is conducted, how value is created, and how goods and services are produced and consumed. Digitalization, in turn, had repercussions on all aspects of taxation - direct taxation, indirect taxation, and even tax procedures. For instance, the quest for more justice and equality in profit taxes was the reason why, in October 2021, a historical deal based on a two-pillar solution to address the tax challenges arising from the digitalization of the economy was negotiated within the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting and agreed upon by 137 member countries. It was also the motive behind the shift from a typical vendor collection model to an intermediary collection model supported by centralized registration points in indirect taxes, notably the VAT/GST. Abundant data from the European Union or the OECD signalized an ever-increasing gap between expected VAT revenues and VAT actually collected, making it obvious that the classical system of VAT/GST collection was unable to respond to challenges posed by the digital economy. Therefore, new solutions based on the participation of digital platforms as intermediaries had been introduced. Finally, new technologies, such as blockchain, paved new avenues in enhancing tax compliance. In this context, this volume entitled "Justice, Equality, and Tax Law" contains not only a selection of the best master ́s theses of the full-time LL.M. programme in 2021/2022 but also represents an in-depth analysis of various aspects of this evergreen topic.

Model Tax Convention on Income and on Capital: Condensed Version 2008

Model Tax Convention on Income and on Capital: Condensed Version 2008
Author: OECD
Publisher: OECD Publishing
Total Pages: 415
Release: 2008-08-31
Genre:
ISBN: 9264048197

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This Condensed Version of the OECD Model Tax Convention contains the articles and commentaries of the Model Tax Convention as it read on 17 July 2008.

International VAT/GST Guidelines

International VAT/GST Guidelines
Author: OECD
Publisher: Org. for Economic Cooperation & Development
Total Pages: 0
Release: 2017
Genre: Intangible property
ISBN: 9789264272040

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This paper set forth internationally agreed principles and standards for the value added tax (VAT) treatment of the most common types of international transactions, with a particular focus on trade in services and intangibles. Its aim is to minimise inconsistencies in the application of VAT in a cross-border context with a view to reducing uncertainty and risks of double taxation and unintended non-taxation in international trade. It also includes the recommended principles and mechanisms to address the challenges for the collection of VAT on crossborder sales of digital products that had been identified in the context of the OECD/G20 Project on Base and Erosion and Profit Shifting (the BEPS Project).

Model Tax Convention on Income and on Capital

Model Tax Convention on Income and on Capital
Author: Organisation for Economic Co-operation and Development. Committee on Fiscal Affairs
Publisher: OECD
Total Pages: 782
Release: 2006
Genre: Business & Economics
ISBN:

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The main purpose of the Convention is to provide a standardised system to deal with problems of international juridical double taxation (the imposition of comparable taxes in two or more States on the same taxpayer in relation to the same subject matter and for identical periods). It comprises of two volumes and includes the full text of the Model Tax Convention as updated on 15 July 2005, together with an introduction, commentary and previous background reports (adopted after the publication of the 1977 Model Double Taxation Convention on Income and Capital and that have resulted in changes to the text of Convention articles or corresponding commentary).

Value Added Tax and Direct Taxation

Value Added Tax and Direct Taxation
Author: Michael Lang
Publisher: IBFD
Total Pages: 1341
Release: 2009
Genre: Direct taxation
ISBN: 908722060X

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This book provides a comprehensive in-depth analysis of the similarities and differences between consumption taxes and direct taxes. Fifty contributions are included, written by academics, practitioners and representatives from several international tax administrations and institutions.

Taxing Global Digital Commerce

Taxing Global Digital Commerce
Author: Arthur Cockfield
Publisher: Kluwer Law International B.V.
Total Pages: 506
Release: 2019-11-07
Genre: Law
ISBN: 9041167110

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Digital commerce – the use of computer networks to facilitate transactions involving the production, distribution, sale, and delivery of goods and services – has grown from merely streamlining relations between consumer and business to a much more robust phenomenon embracing efficient business processes within a firm and between firms. Inevitably, the related taxation issues have grown as well. This latest edition of the preeminent text on the taxation of digital transactions revises, updates and expands the book’s coverage. It includes a detailed and up-to-date analysis of income tax and VAT developments regarding digital commerce under the OECD and G20 Base Erosion and Profit Shifting (BEPS) reforms. It explores the implications of digital commerce for US state sales and use tax regimes resulting from the 2018 US Supreme Court decision in Wayfair. It discusses cross-border tax in the United States while continuing to focus on tax developments throughout the world. Analysing the practical tax consequences of digital commerce from a multijurisdictional perspective, and using examples to illustrate the application of different taxes to digital commerce transactions, the book offers in-depth treatment of such topics as the following: how tax rules governing cross-border digital commerce are increasingly applied to all cross-border activities; how tax rules and institutional processes have evolved to confront challenges posed by digital commerce; how an emerging ‘tax war’ is developing whereby different countries are unilaterally imposing new tax rules on cross-border digital commerce; how technology enhances tax and cross-border tax information exchanges; how technology reduces both compliance and enforcement costs; cross-border consumption tax issues raised by cloud computing; and different approaches to the legal design of VAT place of taxation rules. The authors offer insightful views on the likely development of new approaches to taxing cross-border digital commerce. This edition, while building on the analysis of the relationship between traditional tax laws and the Internet in the first edition and its predecessors, contains a more explicit and systematic consideration of digital commerce issues and the ongoing policy responses to them. Tax professionals and academics everywhere will welcome the important contribution it makes towards the design of cross-border tax rules that are both conceptually sound and practical in application. ‘A tour de force … much larger and richer than its predecessors … a massive contribution to the growing literature on the taxation of e-commerce.’ – Rita de la Feria, British Tax Review ‘Provides important understandings for ongoing policy discussions … I would warmly recommend.’ – P. Rendahl, World Journal of VAT/GST Law