The Impact of Community Law on Tax Treaties:Issues and Solutions

The Impact of Community Law on Tax Treaties:Issues and Solutions
Title The Impact of Community Law on Tax Treaties:Issues and Solutions PDF eBook
Author Pasquale Pistone
Publisher Kluwer Law International B.V.
Pages 424
Release 2002-03-11
Genre Business & Economics
ISBN 9041198601

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Study on the question of harmonization of direct taxation among European Community Member States: how Member States must comply with EC Law as they apply their tax treaties, how EC law regulates cross-border tax issues within the Community, and how EC law affects tax treaties between EU Member States and third countries. The book provides expert commentary on 27 leading tax cases from the European Court of Justice, and gives the proposal of EC Model Tax Convention, which combines existing provisions of international tax law with the principles of Community tax law.

The Nordic Multilateral Tax Treaty as a Model for a Multilateral EU Tax Treaty

The Nordic Multilateral Tax Treaty as a Model for a Multilateral EU Tax Treaty
Title The Nordic Multilateral Tax Treaty as a Model for a Multilateral EU Tax Treaty PDF eBook
Author Marjaana Helminen
Publisher
Pages
Release 2013
Genre
ISBN 9789087222222

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Tax Treaty Interpretation

Tax Treaty Interpretation
Title Tax Treaty Interpretation PDF eBook
Author Michael Lang
Publisher Kluwer Law International B.V.
Pages 402
Release 2001-12-19
Genre Business & Economics
ISBN 9041198571

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Detailed survey of tax treaty interpretations in 16 European countries taking into account court decisions since 1993, the OECD reports on partnership, changes in administrative practice at national level and recent Community law effecting taxation and tax practice.

Human Rights and Taxation in Europe and the World

Human Rights and Taxation in Europe and the World
Title Human Rights and Taxation in Europe and the World PDF eBook
Author Georg Kofler
Publisher IBFD
Pages 581
Release 2011
Genre Human rights
ISBN 9087221118

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Resumen del editor: "The increasing globalization and the restructuring of the European legal framework by the Treaty of Lisbon are important factors to suggest that the traditional separation of spheres between taxation and human rights should be revisited. This book examines the issues surrounding the impact of the Lisbon Treaty on the guarantee and enforcement of human rights in the area of EU (tax) law and explores the possible development and potential impact of human rights in the field of taxation in this age of global law."

Enhanced Cooperation and European Tax Law

Enhanced Cooperation and European Tax Law
Title Enhanced Cooperation and European Tax Law PDF eBook
Author Caroline Heber
Publisher Oxford University Press
Pages 545
Release 2021-06-17
Genre Law
ISBN 0192653334

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The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

Time and Tax: Issues in International, EU, and Constitutional Law

Time and Tax: Issues in International, EU, and Constitutional Law
Title Time and Tax: Issues in International, EU, and Constitutional Law PDF eBook
Author Werner Haslehner
Publisher Kluwer Law International B.V.
Pages 434
Release 2018-12-20
Genre Law
ISBN 9403501642

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Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.

Europe-China Tax Treaties

Europe-China Tax Treaties
Title Europe-China Tax Treaties PDF eBook
Author Michael Lang
Publisher Kluwer Law International B.V.
Pages 322
Release 2010-01-01
Genre Law
ISBN 9041132163

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This network aims at initiating and coordinating both comparative education in taxation, through the organisation of activities such as winter courses and guest lectures, and comparative research in the field, by means of joint research projects, international conferences and exchange of researchers between various countries. --