IT Lecture weeks 17, 18, 19, 20 and 21 – Tax Treaties

Follow curriculum – Reading:

International Tax Primer 3rd Edition Brian Arnold – eBook – Chapter 8

OECD Income and Capital Model Convention and Commentary 2017 ARTICLES 1 to 4; 5 and 7; 6, 13 and 22; 11 and 12; 24; and 27; and commentaries

UN Model Double Taxation Convention and Commentaries 2011 Update ARTICLES 1 to 4; 5 and 7; 6, 13 and 22; 11 and 12; 24; and 27; and commentaries

http://www.oecd.org/ctp/beps-2015-final-reports.htm – Action 15 – MLI; Action 7 – PEs

IBFD textbook on International Tax – Courts and Treaty Law – International Tax – Courts & Treaty Law COMPLETE – especially Chap 8 below, but scan through this book and read at least the conclusions to each up to and incl. Chapter 8, and then Chap 15-18:

Chap 1 – Non-tax treaties: Domestic courts and treaty interpretation

Chap 2 – Some comparative notes on tax litigation

Chap 3 – Tax treaties: The perspective of common law countries

Chap 4 – Courts and tax treaties in civil law countries

Chap 5 – European Court of Justice

Chap 6 – EC Treaty freedoms, tax treaties and national courts

Chap 7 – Use of foreign court decisions in interpreting tax treaties

Chap 8 – Court decisions and the Commentary to the OECDThe Organisation for Economic Co-operation and Development (OECD) is an international organisation comprising 38 member countries, established to foster economic growth, trade, and development on a global scale. Founded in 1961, the OECD provides a forum for governments to collaborate, share policy experiences, and develop solutions to common economic challenges. The OECD's core mission is to promote policies that improve... Model Convention

Chap 9 – Austria

Chap 10 – France

Chap 11 – Germany

Chap 12 – Italy

Chap 13 – Netherlands

Chap 14 – Spain

Chap 15 – Judicial errors under tax treaties and their remedies

Chap 16 – Handling of judicial override

Chap 17 – Procedural conditions for the implementation of tax treatyA Double Taxation Agreement (DTA), also known as a Double Taxation Treaty (or a Tax Treaty), is an international tax treaty between two or more countries that aims to prevent individuals or businesses from being taxed twice on the same income. With globalisation and the increase in cross-border economic activities, DTAs have become essential tools for promoting trade, investment, and... obligations under domestic law

Chap 18 – Conclusions

Additional supplementary reading – some required to answer tutorial questions:

17 – 21 Administrative Aspects of the Application of Tax Treaties

17 – 21 Barry Spitz Offshore Planning List DATABASE FOR INTERNATIONAL TAX

17 – 21 Beneficial ownership

17 – 21 International tax can a trust be a person for DTA purposes

17 – 21 Klaus Vogel Treatise on Double Tax Conventions B Expl Notes – this is one of the most recognized treatises on tax treaties, so it is worthwhile scanning the contents and taking note of some of the key topics on tax treaties:

4. Avoidance of double taxationDouble Taxation occurs when the same income or financial transaction is taxed twice, typically in different jurisdictions. It can arise in two primary contexts: economic double taxation, where the same income is taxed twice in the hands of different taxpayers, and juridical double taxation, where the same taxpayer is taxed on the same income in more than one country. Double..., particularly through treaties, page 6

II. Legal Framework of Double Tax Treaties, page 10

1. Conclusion of double tax treaties… (references to GATT et al), page 11

3. Structure and application of double tax treaties, page 17

III. Interpretation of Double Tax Treaties, page 19

1. Distinctions from interpretation of domestic law, page 20
2. General principles for interpretation of international agreements, page 21
3. Particularities of double taxationDouble Taxation occurs when the same income or financial transaction is taxed twice, typically in different jurisdictions. It can arise in two primary contexts: economic double taxation, where the same income is taxed twice in the hands of different taxpayers, and juridical double taxation, where the same taxpayer is taxed on the same income in more than one country. Double... treaties, page 25

2. Relation to Art. 3(2) MC, page 37

V. Double TaxationDouble Taxation occurs when the same income or financial transaction is taxed twice, typically in different jurisdictions. It can arise in two primary contexts: economic double taxation, where the same income is taxed twice in the hands of different taxpayers, and juridical double taxation, where the same taxpayer is taxed on the same income in more than one country. Double... Treaties and Changes  to Domestic Law, page 44

3. Treaty override, page 47

b. Legal consequences of a ‘Treaty Override’, page 49

17 – 21 OECD Partnership

17 – 21 PEs April 2010 French Supreme Court PE and fixed place of business

17 – 21 see PE chapter Transfer Pricing & Business Restructuring by IBFD

17 – 21 TAX TREATIES offshore planning checklist by Barry Spitz

17 – 21 THE APPLICATION OF THE CONVENTION TO PARTNERSHIPS TRUSTS AND OTHER NONCORPORATE ENTITIES philip baker

17 – 21 Trusts Syllabus

PEs April 2010 French Supreme Court PE and fixed place of business

Victor Thuronyi Comparative Tax Law – eBook

Tutorial and assignment questions, dates and requirements:

International Tax Course Assignment and Tutorial Questions