Advanced Issues in International and European Tax Law (Modern Studies in European Law)

"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 Union 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."--Bloomsbury Publishing. Foreword Preface Contents TABLE OF CASES TABLE OF LEGISLATION TABLE OF INTERNATIONAL INSTRUMENTS Introduction 1. Aggressive Tax Planning, Good Governance in Tax Matters and Corporate Social Responsibility: The New Themes 1.1. Harmful Tax Competition, Tax Havens, Base Erosion and Profit Shifting 1.2. Aggressive Tax Planning of Multinationals: The Politics of the Debate 1.3. Good Governance in Tax Matters 1.4. Corporate Social Responsibility and Aggressive Tax Planning 1.5. Tax in the Boardroom 1.6. Conclusion 2. The OECD/G20 Base Erosion and Profit Shifting Project: Actions 1-5 2.1. Addressing Base Erosion and Profit Shifting 2.2. The Beps Action Plan 2.3. Action 1: Addressing the Tax Challenges of the Digital Economy 2.4. Action 2: Neutralise the Effects of Hybrid Mismatch Arrangements 2.5. Action 3: Strengthen CFC Rules 2.6. Action 4: Limit Base Erosion via Interest Payments and Other Financial Payments 2.7. Action 5: Counter Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance 3. Tax Treaty Abuse, Permanent Establishments and Transfer Pricing Rules: Actions 6-10 3.1. Action 6: Prevent Treaty Abuse 3.2. Action 7: Prevent the Artificial Avoidance of PE Status 3.3. Action 8: Intangibles 3.4. Actions 9 and 10: Risks and Capital and Other High Transactions 4. Procedural Rules, Country-by-Country Reporting, Dispute Resolution, Multilateralism and Developing Countries: Actions 10-15 4.1. Action 11: Establish Methodologies to Collect and Analyse Data on Beps and the Actions to Address it 4.2. Action 12: Require Taxpayers to Disclose their Aggressive Tax Planning Arrangements 4.3. Action 13: Re-Examine Transfer Pricing Documentation 4.4. Action 14: Make Dispute Resolution Mechanisms More Effective 4.5. Action 15: Develop a Multilateral Instrument 4.6. Beps and Developing Countries 5. International Tax Avoidance and European Union Law 5.1. The Judicial Development of A Principle of Abuse of Tax Law 5.2. The EU Policy on Tax Abuse and Aggressive Tax Planning 5.3. The Aftermath of the Action Plan 5.4. The Tax Transparency Package 5.5. The Group on Digital Economy 5.6. The Code of Conduct Group on Business Taxation 6. The Compatibility of the BEPS Proposals with European Union Law 6.1. Rules on the Determination and/or Allocation of Taxing Rights: Beps Actions 1, 7-10 6.2. Unilaterally-Imposed and Mechanical Linking Rules: Beps Action 2 6.3. Rules Targeting Wholly or Partly Artificial Arrangements: Beps Action 3 6.4. Group-Wide Rules and Comparability Issues: Beps Action 4 6.5. Modified Nexus Approach and Economic Substance: Beps Action 5 6.6. Double Non-Taxation, Lobs and PpTs: Beps Action 6 6.7. Country-By-Country Reporting, Dispute Resolution and Multilateralisation of Tax Treaties: Actions 13, 14 and 15 7. State Aid, Taxation and Aggressive Tax Planning 7.1. Introduction 7.2. The Role of the Commission 7.3. Litigation Avenues-European Courts and National Courts 7.4. The Rights of Interested Parties, Competitors and Third Parties 7.5. Differences Between Fundamental Freedoms and State Aid 7.6. State Aid and Taxes 7.7. Themes from Recent Case Law 7.8. Tax Rulings, Advance Pricing Agreements and State Aid 8. Unanimity, Enhanced Cooperation and the Financial Transaction Tax: Challenging the European Union's Tax Traditions 8.1. The Enhanced Cooperation Procedure 8.2. The Financial Transaction Tax 8.3. The Financial Transaction Tax and Enhanced Cooperation: The UK Reaction 8.4. The Future of the Financial Transaction Tax 9. International and European Union Tax Law in the Post-BEPS World INDEX "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 Union 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."--Résumé de l'éditeur Présentation de l'éditeur : "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 tax governance, 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." 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 tax governance, 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.-- Provided by publisher