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In today`s globalized world trilateral taxing situations are often the result of business necessities and can`t be avoid - regardless of possible tax difficulties resulting from the application of bilateral Double Tax Conventions to triangular situations. This volume covers all major triangular constellations, ie cases involving third country permanent establishments, cases of dual resident corporations and cases reflecting the risen mobility of individuals travelling through various countries without a fixed working place. The complex legal issues pertaining to these forms of international business engagements are explained in a comprehensible way and illustrated by case studies. Moreover, horizontal treaty issues like the relevance of the Most-Favoured-nation-Concept or the experiences with special anti-abuse clauses are depicted and the possible use of domestic tools such as group taxation or holding structures in triangular situations is explained. The volume is directed at both tax scientists and practitioners.

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This book scrutinises the national background of the most important of these cases and examines possible infringements of fundamental freedoms. The focus of each analysis is on the questions submitted to the ECJ by the national courts. Moreover, where available, the opinion of the Advocate General is discussed.

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Future generations will likely regard the 20th century as a watershed in the history of taxation. The first half of the century witnessed numerous changes to tax theory and practice that outdid those of the previous millennium. But these developments are modest when viewed against the barrage of competing theoretical views and technical analyses of tax policy in the century

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With a century of solid theory behind it, tax law at the dawn of the twenty-first century confronts a new reality: the weakening of the tenacious link between the sovereignty of states and taxation. Yet it is to the continuity of certain themes and principles inherent in the various national tax systems that tax law scholarship continues to look, even as it develops new principles designed to meet the expanding processes of internationalisation. This collection of eleven essays offers an expert comparative analysis, conducted by a sample of the best international tax law scholars, of the fundamental theory of tax law and of the prospects in the near future of tax legislative systems. The emphasis falls naturally on tax theory, jurisprudence, and legislative development in the Member States of the European Union (particularly in Italy, Germany, and Spain), where the process of tax harmonisation has been under way for many years. The effect of these processes, via the relevant tax treaties, on the tax systems of Japan and the United States provides a secondary emphasis. Practitioners and academics in tax law will find in this book an invaluable understanding of the challenges that tax law theory strives to meet at this crucial moment in economic history. The essays present a full and reliable exposition of the current theoretical approaches adopted by the various schools of thought in the field, as well as of the main contributions of jurisprudence. Extensive bibliographies are included. This volume translates and summarizes material from the editor s major five-volume work Trattato di diritto tributario (1994). Professor Amatucci has added an important new preface.

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A growing number of cases pending before trhe European Court of Justice (ECJ) concern the fundamental freedoms and direct taxation. This book scrutinises the national background of the most important of these cases and examines possible infringements of fundamental freedoms. The focus of each analysis is on the questions submitted to the ECJ by the national courts. Moreover, where available, the opinion of the Advocate General is discussed. The cases are presented by esteemed national and European tax law experts. This book goes to the heart of the national tax systems, exposing hidden obstacles to fundamental freedoms.

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The taxation of international economic activities presents two essential considerations: revenues must be shared equitably by the nations involved, and those nations must be able to enforce their domestic tax laws. Starting from these requirements of reciprocity and enforcement, the author explains in this book the practical issues affecting international taxation of business income and capital gains. Unlike many books on this complex subject, his approach does not examine the tax perspective of any one country, but proceeds from an identification and analysis of the basic principles of the subject. This entails an understanding of factors, such as * domestic tax laws, rules and practices and how they conflict on cross-border transactions; * bilateral tax treaties and their role in resolving international tax conflicts; * the use of offshore financial centres in international tax structures and how to choose them; * anti-avoidance measures imposed by national taxation authorities; and * international tax guidelines and interpretations of bodies such as the Organisation for Economic Cooperation and Development (OECD) and the International Fiscal Association (IFA). Basic International Taxation describes each and all of these elements, weaving them into practical planning guidance providing a fundamental understanding of this subject in a single, easy-to-follow book. It explains those principles of international tax planning that take the costs and risks of international taxation fully into account and thereby optimize the after-tax returns on cross-border transactions. Several important current issues, including the taxation of electronic commerce, are also addressed.

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The valuation of intangible assets causes tax lawyers and economists a lot of trouble. And when assets cross borders, it gets worse. The (maybe not so-surprising) result is that a considerable number of multinational enterprises use a transfer pricing method to value intangible assets that seems not to comply with regulations of either home or host tax authorities. Although this is a matter of the utmost practical concern, the persistence even growth of the problem clearly raises theoretical issues. This volume considers the valuation of intangible assets from both perspectives, theory and practice, building its practical recommendations on a sound theoretical analysis of the appropriateness of transfer pricing rules for intangible assets as well as on the adequacy of transfer pricing standards and methods for the economic reality of multinational enterprises. With expert insight into the difficulties inherent in the current regulatory approaches to valuing intangible asset transfers within multinational enterprise networks, the author combines three strands of current concerns, namely: * research into the theory of the multinational enterprise, intangible asset valuation, and international transfer pricing; * comparison of transfer pricing policies when intangibles are involved; and * the ongoing policy discussions on the subject among international organizations, tax authorities, and taxpayers. The price-setting behavior of multinational enterprises; why intangibles are valuable; the elusiveness of economic fairness standards when every case is different these are among the thought-provoking issues raised in this book. As both a thorough summary of the major ideas and key public policies in its specialized field and a clarifying presentation of recommendations as well as topics and issues for further research, International Transfer Pricing The Valuation of Intangible Assets will greatly benefit internation

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This book provides a comprehensive and in-dept analysis of international lease taxation issues for executives involved in international business. This extensive work really clarifies a compex topic, at the heart of concerns for a hole industry. - Marc Baert, Secretary General, Leaseurope.