Corporate Taxation, Group Debt Funding and Base Erosion

Corporate Taxation, Group Debt Funding and Base Erosion
Author: Gianluigi Bizioli
Publisher: Kluwer Law International B.V.
Total Pages: 386
Release: 2020-02-07
Genre: Law
ISBN: 9403512318

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The EU’s Anti-Tax Avoidance Directive (ATAD), implemented in January 2019, confronts Member States with complex challenges, particularly via the introduction of an interest limitation rule. This timely book, the first in-depth analysis of the features and implications of the directive, provides insightful and practical discussions by experts from around Europe on the crucial interactions of the ATAD with other existing anti-tax avoidance measures, the European financial sector and the fundamental freedoms. Specific issues and topics covered include the following: relation with the OECD’s Base Erosion and Profit Sharing project (BEPS) and the EU’s Common Corporate Tax Base initiative; technical subjects relating to corporate taxation and debt funding; problems caused by the diametrically opposite tax treatment of debt and equity within a group of companies; exclusion clauses for interest expenses; and interplay between interest limitation rules and anti-hybrid rules. A comparative analysis of implementation issues in four leading Member States—Germany, Italy, Spain and The Netherlands—as well as a global general survey with regard to interest limitation rules allow readers to assess the particular complexities associated to the implementation of the ATAD. This matchless commentary by leading European tax law academics and practitioners on an important and much-debated item of EU legislation gives practitioners, enterprises and tax authorities an early opportunity to understand the practical effects of the directive in the various Member States.

A Guide to the Anti-Tax Avoidance Directive

A Guide to the Anti-Tax Avoidance Directive
Author: Werner Haslehner
Publisher: Edward Elgar Publishing
Total Pages: 340
Release: 2020-06-26
Genre: Law
ISBN: 178990577X

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This book provides a concise, practical guide to the European Union’s Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD’s five specific anti-avoidance rules, its chapters explain the background of those rules, the directive’s interactions with relevant jurisprudence, and the challenges posed to the ATAD’s interpretation and implementation in domestic law.

The European Implementation of the BEPS Project Action 4 and Its Compatibility with EU Law

The European Implementation of the BEPS Project Action 4 and Its Compatibility with EU Law
Author: S. Pierrée
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

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This article addresses and criticises the European implementation of Action 4 of the Base Erosion and Profit Shifting (BEPS) project of the OECD. The article is divided into four chapters. The first chapter analyses the BEPS project and more specifically its Action 4. The second chapter concerns existing legislation restricting the deductibility of interest expenditure and presents domestic law, European law and treaty law. The third chapter analyses the interest deductibility provision of the Anti-Tax Avoidance Directive (ATAD). The last chapter is focused on the compatibility of interest deductibility limitations with EU law.

Combating Tax Avoidance in the EU

Combating Tax Avoidance in the EU
Author: José Manuel Almudí Cid
Publisher: Kluwer Law International B.V.
Total Pages: 656
Release: 2018-12-20
Genre: Law
ISBN: 9403501421

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Following each Member State's need to rebuild a strong and stable economy after the 2007 financial crisis, the European Union (EU) has developed a robust new transparency framework with binding anti-abuse measures and stronger instruments to challenge external threats of base erosion. This is the first and only book to provide a complete detailed analysis of the Anti-Tax Avoidance Package and other recent and ongoing European actions taken in direct taxation. With contributions from both prominent tax academics and Spain's delegates to the European meetings where these rules are debated and promulgated, the book covers such issues and topics as the following: – the development of the EU Strategy towards Aggressive Tax Planning; – recent tax-related jurisprudence of the European Court of Justice; – the Anti-Tax Avoidance Directive; – tax treaties and non-tax treaties with tax consequences both between Member States and between Member States and third countries; – code of conduct for business taxation; – automatic exchange of information; – country-by-country reporting; – arbitration in tax matters; – external strategy for effective taxation regarding non-EU countries; – competition and state aid developments in direct taxation; – the Common Consolidated Tax Base; and – digital significant presence and permanent establishment. As the EU pursues its ambitious tax agenda, taxation's contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever clearer focus. In addition to its insights into these trends, the book's unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes, and other features of the current international tax landscape.

Interpreting European Law in the Light of the BEPS Action Plan

Interpreting European Law in the Light of the BEPS Action Plan
Author: Wolfgang Schoen
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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European Law plays a major role in the implementation of the BEPS Action Plan by Member States of the European Union. How does this influence the interpretation of primary and secondary EU law? On the one hand, recent secondary legislation like the Anti-Tax-Avoidance Directives explicitly aims at a full and coherent introduction of BEPS outcome into European law. But this goal has to be aligned with the liberating forces of the Internal Market which inform the legal basis for directives under Art.115 TFEU. Going further, in some recent judgments, the European Court of Justice has shown a tendency to interpret also long-standing concepts of primary EU law (like the notion of abuse of law) and existing directives (like the Parent Subsidiary Directive or the Interest Royalty Directive) in the light of the BEPS Action Plan. This is hard to defend from a methodological point of view and out of sync with the fundamental policies adopted by the European Treaties.

Advanced Issues in International and European Tax Law

Advanced Issues in International and European Tax Law
Author: Christiana HJI Panayi
Publisher: Bloomsbury Publishing
Total Pages: 336
Release: 2015-12-03
Genre: Law
ISBN: 1849469555

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This book examines recent developments and high-profile debates that have arisen in the field of international tax law and European tax law. Topics such as international tax avoidance, corporate social responsibility, good governance in tax matters, harmful tax competition, state aid, tax treaty abuse and the financial transaction tax are considered. The OECD/G20 project on Base Erosion and Profit Shifting (BEPS) features prominently in the book. The interaction with the European Union's Action Plan to strengthen the fight against tax fraud and tax evasion is also considered. Particular attention is paid to specific BEPS deliverables, exploring them through the prism of European Union law. Can the two approaches be aligned or are there inherent conflicts between them? The book also explores whether, when it comes to aggressive tax planning, there are internal conflicts between the established case law of the Court of Justice and the emerging policy of the European institutions. By so doing it offers a review of issues which are of constitutional importance to the European Union. Finally, the book reflects on the future of international and European tax law in the post-BEPS world.

The EU Anti-tax Avoidance Package : Moving Ahead of BEPS? [editorial].

The EU Anti-tax Avoidance Package : Moving Ahead of BEPS? [editorial].
Author: A.P. Dourado
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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The Anti Tax Avoidance Package adopted by the European Commission (EC) on 28 January 2016 is the Commission's answer to the Base Erosion and Profit Shifting (BEPS) project delivered in 2015. It is composed of four documents: a proposal for an Anti Tax Avoidance Directive (ATAD); a Communication on an External Strategy for Effective Taxation; the amendment to the Directive on mutual assistance to apply automatic exchange of information to country-by-country reporting; and the recommendation on tax treaties adding the 'genuine economic activity' test to the Principal Purpose Test (PPT) rule. The aforementioned EC Package is meaningful in many respects. It is a relevant sign that the European Union (the European Parliament and the European Commission) is taking the BEPS actions seriously; it is a bold follow-up to the EC Recommendations of 6 December 2012, the amendments of the Parent-Subsidiary Directive and the proposal for amendment to the Interest and Royalties Directive; it is also an interesting exercise in interpreting the G20/OECD BEPS ideals, because it is a regional implementation of the BEPS holistic approach, which is much more consistent with the BEPS spirit, than the unilateral measures that have been taken by some EU Member States. In fact, even though the BEPS actions are meant to reduce gaps and disparities, their openness and ambiguity is deceiving (even though the multilateral instrument envisaged by Action 15, the BEPS Action Plan will reduce discretion). Their unilateral implementation is leading to the enactment of different national measures and therefore, again, to disparities. From an international perspective, the EC Anti Tax Avoidance Package is an acknowledgment that there is no single international standard, but rather coexisting national or regional interests on policies attracting investment, tax competition and tax protectionism. This article focuses on selected critical aspects in the ATAD Proposal and in the Communication on an External Strategy for Effective Taxation.

The Impact of European Union Law on the Possibilities of European Union Member States to Adapt International Tax Rules to the Business Models of Multinational Enterprises

The Impact of European Union Law on the Possibilities of European Union Member States to Adapt International Tax Rules to the Business Models of Multinational Enterprises
Author: S.C.W. Douma
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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This contribution examines how the European Union (EU) has responded to the base erosion and profit shifting (BEPS) project and, more specifically, how EU law has been used both to enforce the agenda of the BEPS project and to limit the application thereof. Section 2 discusses how the European Commission (EC) is using EU State aid law to challenge the business models of multinational enterprises (MNEs). Section 3 analyses the EC's Anti-Tax Avoidance Package and its Anti-Tax Avoidance Directive (ATAD). Section 4 examines how EU free movement law may limit the application of certain anti-abuse rules.

Concept and Implementation of CFC Legislation

Concept and Implementation of CFC Legislation
Author: Nathalie Bravo
Publisher: Linde Verlag GmbH
Total Pages: 423
Release: 2021-09-21
Genre: Law
ISBN: 3709411599

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An in-depth analysis of various aspects of CFC legislation This volume provides an in-depth analysis of various aspects of the topic “Concept and Implementation of CFC legislation”. The volume is divided into four parts. The first part comprises chapters discussing the historical background, policy considerations, and different CFC approaches that have been implemented in domestic legislation. While the chapters included in the second part focus on the recommendation for the effective design of CFC rules found in BEPS Action 3, the chapters encompassed in the third part analyse the implementation of these criteria in Articles 7 and 8 of the ATAD and the compatibility of these provisions with EU primary law. Finally, the chapters encompassed in part four deal with selected issues related to CFC rules, including the compatibility of CFC legislation and tax treaties, the relationship between these rules and general anti-abuse rules, the implications of the proposed CCCTB Directive on CFC rules, alternative approaches to CFC legislation (such as the Global Anti-Base Erosion proposal of the OECD/G20), the interrelationship between CFC rules and transfer pricing legislation, and the balance between effective CFC rules and compliance burdens.