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TAX TREATY MONITOR
Tax Treaty News
Prof. Dr Dr h.c. Klaus Vogel
pp. 474-475
Does "Enterprise" in the OECD Model Mean "Business"?
John Avery Jones CBE
pp. 476-479
This article summarizes the discussion at the joint IFA/OECD Seminar, held in Amsterdam in September 2006, on the meaning of "enterprise" in the OECD Model Tax Convention. The article considers seven case studies examined by the panellists and concludes that there is worrying lack of agreement on the meaning of such a fundamental concept in the OECD Model as "enterprise" or "business".
ARTICLES
Loopholes in the EU Savings Tax Directive
Prof. Adolfo Martín Jiménez
pp. 480-494
The main aim of the EU Savings Tax Directive (ESTD) is to permit the EU Member State of residence of individuals to tax their savings income in the form of interest they receive from foreign payers. This goal is achieved by a system of automatic exchange of information although, during a transitional period, some EU Member States and dependent territories apply a withholding tax. Now that the ESTD is in force, it is time to think about closing its multiple loopholes. This article first provides some reflections on the underlying philosophy of the ESTD and then explores some of the loopholes which, in the author's view, should be closed.
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Common Law Approaches to the Determination of the Source of Income: Pragmatism over Principle
Prof. Alex Easson
pp. 495-500
This article examines the common law approaches to the determination of the source of income with a focus on the Canadian source rules and with occasional references to those of other common law countries. The article discusses the source rules and treaty rules in general and the Canadian tax treatment of non-residents. It also looks at the relevance of the source rules to the foreign tax credit. The article concludes that there is growing awareness that, if income is not taxed in the source country, it may not be taxed at all, which argues in favour of some shift from residence to source jurisdiction.
Source versus Residence - an EU Perspective
Prof. Dr Manfred Mössner
pp. 501-506
This article considers the debate on source versus residence taxation from an EU perspective. The article first examines the traditional principle as stated by the European Court of Justice, namely, that although direct taxation falls within the competence of the Member States, they may violate Community law by taxing residents and non-residents differently. The article then discusses new aspects of the ECJ's case law, including the de Groot and Gerritse cases, and territoriality and the common (single) market in Europe.
LIST OF AUTHORS 2006
CUMULATIVE INDEX
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