scholarly journals Avoiding Double Taxation Through The Assessment of International Tax Treties. Case: ESP’s versus Anaf Braşov

2019 ◽  
Vol 23 (37) ◽  
pp. 1-15
Author(s):  
Florin Dumiter ◽  
Ștefania Amalia Jimon ◽  
Florin Gheorghe Bene
Keyword(s):  
Best Practices ◽  
Moral Hazard ◽  
Legal Framework ◽  
International Taxation ◽  
Double Taxation ◽  
Asymmetrical Information ◽  
Treaty Shopping ◽  
International Tax

Abstract International double taxation represents one of the main problems’ for which taxpayers have to deal within a world fulfilled with globalization, uncertainty, risk, asymmetrical information and moral hazard. In this sense, in this article it is provided a qualitative overview regarding the appearance and evolution of the main double taxation conventions and their legal framework. In this article it is tackled some important issues, namely: the rationale behind the construction and engaging in double taxation conventions; the need for a coherent and just application of those conventions; the historical appearance and evolution of the double taxation conventions, as well as the quid pro quo OECD Model Convention and UN Model Convention. The conclusions of this article highlight the importance and ultimately need for construction of best practices new and complex multilateral tax convention at the UE level in order to diminish the contagious effects of the treaty shopping practices. The case study presented in this article from the Romanian jurisprudence highlights the multi-faced concept of double taxation and the comprehension approach which must be undertaken in order to solve the complex issues of the international taxation via double taxation treaties.

scholarly journals Trends and sources of international taxation = Tendencias y fuentes de la fiscalidad internacional

2019 ◽  
Vol 11 (1) ◽  
pp. 438
Author(s):  
Carlos María López Espadafor
Keyword(s):  
International Law ◽  
International Taxation ◽  
Tax Law ◽  
Double Taxation ◽  
National Examination ◽  
General Basis ◽  
International Tax ◽  
International Conventions ◽  
Legislative Production

Abstract: International Tax Law has grown significantly and this has caused a considerable in­crease in the importance of the legislative production affecting it, through both national and internatio­nal rules. Within those rules of international origin, conventions intended to avoid international double taxation stand out, essentially those following the OECD model. Along with this and also within Eu­ropean Union law, there has been a significant structuring of the rules involving international taxation. That said, we can never lose sight -upon the basis of the dogmatic structuring of international taxation- of the General International Law rules affecting it. These may occasionally be overshadowed by the rules of the countless international conventions on the matter, but the former rules cannot cease to be taken as the basis. Therefore, the globalized structuring of international taxation cannot ignore the gene­ral principles upon which it will be based, either as direct sources in matters of international tax law, or as a sub-discipline within tax law proper. Indeed, the national structuring of international tax law cannot be carried out just by taking into consideration the legislative results of globalization, but also by never losing sight of the principles that lead to general international law tax matters. Even though globaliza­tion as a process begins to play a greater role in tax law issues, the country’s national examination of international tax law cannot divert from the general basis of this tax law sub-discipline.Keywords: International taxation, Financial and Tax Law, International Tax Law, General International Law, sources of Law.Resumen: La fiscalidad internacional ha experimentado un gran crecimiento, aumentando con­siderablemente el volumen de producción normativa que le afecta, ya se trate de normas de origen internacional o de normas de origen interno. Dentro de las fuentes de origen internacional que le afec­tan, destacan especialmente los convenios para evitar la doble imposición internacional, esencialmente siguiendo el Modelo de la OCDE. Junto a ello, también dentro de la disciplina jurídica de la Unión Eu­ropea se ha producido un importante desarrollo de las normas que afectan a la fiscalidad internacional. Ahora bien, en la base de la construcción dogmática de la fiscalidad internacional no se deben perder de vista las normas de Derecho Internacional General que le afectan, ensombrecidas a veces por las normas de los numerosísimos convenios internacionales en la materia, pero que éstos no pueden dejar de tomar como base. Así pues, el desarrollo globalizado de la fiscalidad internacional no puede desconocer los principios generales que le deben servir de base, ya sea como fuentes directas en materia de fiscalidad internacional, ya sea como bases esenciales sobre las que conformar la fiscalidad internacional, como subdisciplina dentro de la disciplina tributaria. Incluso el desarrollo a nivel interno de la fiscalidad inter­nacional no se puede hacer sólo tomando en consideración los resultados normativos del fenómeno de la globalización, sino que debe hacerse también sin perder nunca de vista los principios que derivan en materia tributaria del Derecho Internacional General. Aunque el fenómeno globalizador cobre un espe­cial protagonismo en materia tributaria, la contemplación interna de la fiscalidad internacional no puede alejarse de las bases generales de esta subdisciplina tributaria.Palabras clave: Fiscalidad internacional, Derecho Financiero y Tributario, Derecho Internacional Tri­butario, Derecho Internacional General, fuentes del derecho.

scholarly journals NETHERLANDS SEEKING FOR A NEW BALANCE IN THE INTERNATIONAL TAXATION

2021 ◽  
Vol 23 (5) ◽  
pp. 100-108
Author(s):  
Anastasia Nevskaya ◽  
Keyword(s):  
The Netherlands ◽  
Multinational Companies ◽  
International Taxation ◽  
Double Taxation ◽  
The World ◽  
International Tax ◽  
Tax Refunds ◽  
The Uk ◽  
Tax Regulation

The article examines the combination of the Netherlands’ departure from the role of a transit jurisdiction for capital from all over the world and their struggle to attract the headquarters of multinational companies, including those migrating from the UK due to Brexit. It is shown that these processes are due to both fundamental reasons and the current need of countries for tax refunds to replenish their budgets to cover the consequences of the pandemic crisis. The author comes to the conclusion that the restructuring of the rules of international tax regulation which is going on now, may cause clashes of countries’ interests and strategies, which is illustrated by the example of the breakdown of the Agreement on the avoidance of double taxation between Russia and the Netherlands.

Community Interests in International Taxation

2018 ◽  
Author(s):  
Tsilly Dagan
Keyword(s):  
Tax Competition ◽  
Tax Policy ◽  
Conventional Wisdom ◽  
International Taxation ◽  
Collective Good ◽  
Market Failures ◽  
Double Taxation ◽  
Second Best ◽  
International Tax ◽  
International Tax Policy

This chapter describes the multilateral efforts regarding four key concerns of the international community: Prevention of double taxation, fighting “harmful tax competition,” sharing of information, and the “gaps and frictions” between the tax systems of various countries noted by the recent BEPS report. It then asks what, in fact, constitutes the community’s interest in the international tax area, arguing that where tax policy is concerned, there is no clear “textbook answer” regarding the best way to tax internationally. The chapter criticizes two proxies which are often implicitly endorsed in order to evaluate international tax policy: Cooperation among states, and the prevention of market failures. It argues that cooperation, contrary to conventional wisdom, is neither a goal in itself nor is it a good enough proxy for the collective good, and that the elimination of market failures, although indisputably beneficial, may raise a second-best problem.

scholarly journals The unintended consequences of bilateralism: Treaty shopping and international tax policy

2018 ◽  
Author(s):  
Vincent Arel-Bundock
Keyword(s):  
International Investment ◽  
Unintended Consequences ◽  
Tax Rates ◽  
Tax Treaties ◽  
Coordination Problem ◽  
Fiscal Autonomy ◽  
Treaty Shopping ◽  
International Tax ◽  
International Tax Policy

The international tax system is a complex regime composed of thousands of bilateral tax treaties. These agreements coordinate policies between countries to avoid double taxation and encourage international investment. I argue that by solving this coordination problem on a bilateral basis, states have inadvertently created opportunities for treaty shopping by multinationals. These opportunities, in turn, reduce the potency of fiscal policy, put pressure on governments to change their domestic tax laws, and ultimately constrain state autonomy. This constraint is theoretically distinct from the usual race-to-the-bottom story and it generates different testable implications. I use a motivating case study to show how multinationals leverage the structure of the treaty network to reduce their tax burden. Then, I develop a new measure of treaty-shopping opportunities for firms in 164 countries. Where the proliferation of tax treaties allows multinationals to engage in treaty shopping, states’ fiscal autonomy is limited, and governments tend to maintain lower tax rates.

scholarly journals Reservations and declarations to tax treaties

2021 ◽  
Vol 5 (2) ◽  
pp. 99-108
Author(s):  
I. A. Khavanova
Keyword(s):  
Action Plan ◽  
International Taxation ◽  
General Nature ◽  
Minor Role ◽  
Vienna Convention ◽  
Tax Treaties ◽  
Profit Shifting ◽  
Double Taxation ◽  
International Tax ◽  
Made In

The subject of the article. The article represents a research of conceptual properties and issues of applying reservations and declarations to the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, developed in frames of implementing the OECD/G20 Action Plan on Base Erosion and Profit Shifting (BEPS). The Multilateral Tax Convention modifies the application of agreements for avoiding double taxation, that are covered by its action. Since January 1, 2021 it has been applied to 34 agreements for avoiding double taxation between the Russian Federation and such countries as the UK, Canada, Latvia, Malta, the Netherlands and France. The Multilateral Tax Convention provides for updating bilateral tax treaties – whether they were developed upon the OECD Model Tax Convention or the UN Model Tax convention. The Convention retains a great degree of flexibility in relation to the implementation of its provisions – especially by the means of reservations, made by the countries.The purpose of the article is to identify the main characteristics of applying reservations and declarations in international tax law.The methodology.The study is based on empirical methods of comparison and description, theoretical methods of formal and dialectical logic.The main results. Reservations have played a minor role in international taxation until now – usually they reflected disagreement, expressed by an OECD member country with the provisions of the OECD Model Tax Convention or its Official commentary. Reservations were formulated in relation to a non-binding (model) document and their importance was limited. Such reservations cannot be associated with declarations, made in relation to legally binding documents like the Multilateral Tax Convention. Analyzing the general points of scientific dispute upon the mentioned range of issues, the author argues with researchers who deem that the structure of reservations to the Multilateral Tax Convention doesn’t correspond with the provisions over reservations in the Vienna Convention on the Law of Treaties, 1969 and thus recognize those reservations as “legal hybrids”.Conclusions. The structure of reservations to the International Tax Convention is deter-mined by the nature of double taxation agreements. The model lawmaking principle (the use of the OECD Model Tax Convention) allowed developing “umbrella” architecture of relationships between the provisions of the Multilateral Tax Convention and the norms of double taxation agreements. The article categorizes types of reservations as reservations of general nature and treaty-specific reservations. The article also considers the specific properties of reservations made in relation to the provisions of the Convention, which com-pose a minimal standard.

scholarly journals The Unintended Consequences of Bilateralism: Treaty Shopping and International Tax Policy

2017 ◽  
Vol 71 (2) ◽  
pp. 349-371 ◽  
Author(s):  
Vincent Arel-Bundock
Keyword(s):  
International Investment ◽  
Unintended Consequences ◽  
Tax Rates ◽  
Tax Treaties ◽  
Coordination Problem ◽  
Fiscal Autonomy ◽  
Treaty Shopping ◽  
International Tax ◽  
International Tax Policy

AbstractThe international tax system is a complex regime composed of thousands of bilateral tax treaties. These agreements coordinate policies between countries to avoid double taxation and encourage international investment. I argue that by solving this coordination problem on a bilateral basis, states have inadvertently created opportunities for treaty shopping by multinationals. These opportunities, in turn, reduce the potency of fiscal policy, put pressure on governments to change their domestic tax laws, and ultimately constrain state autonomy. This constraint is theoretically distinct from the usual race-to-the-bottom story and it generates different testable implications. I use a motivating case study to show how multinationals leverage the structure of the treaty network to reduce their tax burden. Then, I develop a new measure of treaty-shopping opportunities for firms in 164 countries. Where the proliferation of tax treaties allows multinationals to engage in treaty shopping, states’ fiscal autonomy is limited, and governments tend to maintain lower tax rates.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

Cyber crimes in the banking sector: Case study of Vietnam

2020 ◽  
Vol 6 (05) ◽  
Author(s):  
LE Thanh Tam ◽  
Nguyen Minh Chau ◽  
Pham Ngoc Mai ◽  
Ngo Ha Phuong ◽  
Vu Khanh Huyen Tran
Keyword(s):  
Financial Literacy ◽  
Commercial Banks ◽  
Banking Sector ◽  
Secondary Data ◽  
Legal Framework ◽  
Economic Sectors ◽  
Technological Revolution ◽  
Survey Results ◽  
Cyber Crimes

The technological revolution 4.0 brings great opportunities, but also cybercrimes to economic sectors, especially to banks. Using secondary data and survey results of 305 bank clients, the main findings of this paper are: (i) there are several types of cybercrimes in the banking sector; (ii) Vietnam is one of the top countries worldwide having hackers and being attacked by hackers, especially the banking sector. Three most common attacks are skimming, hacking and phishing. Number of cybercrime attacks in Vietnam are increasing rapidly over years; (iii) Vietnamese customers are very vulnerable to cybercrime in banking, as more than 58% seem to hear about cybercrimes, and how banks provide services to let them know about their transactions. However, more than 50% do not have any deep knowledge or any measures for preventing cybercrime; (iii) Customers believe in banks, but do not think that banks can deal with cybercrime issues well. They still feel traditional transactions are more secure than e-transactions; (iv) the reasons for high cybercrimes come from commercial banks (low management and human capacity), supporting environment (inadequate), legal framework (not yet strong and strict enough on cybercrimes), and clients (low level of financial literacy). Therefore, several solutions should be carried out, from all stakeholders, for improving the cybersecurity in Vietnamese banks. 

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

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