European Taxation

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Issue No. 12 (2006) of the
European Taxation is now available online.

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Number 12 -2006 contains the following:

ARTICLES

International

International Taxation: Meeting the Challenges - The Role of the OECD

Jeffrey Owens

pp. 555-558

From an OECD perspective, the author focuses on how countries are adapting their tax systems to a global environment. This involves consideration of the arm's length principle, the treaty process, good tax policy and the European Union, and current issues regarding international taxation. The author concludes by suggesting ways in which matters could be progressed and what should be done now.

European Union

The Doctrine of the Abuse of Community Law: The Sword of Damocles Hanging over the Head of EC Corporate Tax Law?

Olivier Rousselle and Howard M. Liebman

pp. 559-564

The intention of this article is to determine whether or not, and if so, to what extent, the principle of abuse of Community law, as raised in the European Court of Justice (ECJ) Halifax case, applies to direct taxation. In this respect, the authors also briefly discuss the ECJ's decision, as an understanding of the Halifax case is necessary to appreciate its implications for corporate taxation.

European Union

Investment Funds, Tax Planning and State Aid

Prof. Dr Raymond H.C. Luja

pp. 565-569

With regard to this topic, the author reviews a Commission decision that potentially affects specialized investment fund regimes in the European Union, considers a European Court of Justice (ECJ) judgment that indicates a more vulnerable position for tax advisers with regard to their clients, tax planning and State aid, and revisits the question of regional tax autonomy by examining the ECJ's decision in respect of Portugal and the Azores.

Germany/Netherlands/United Kingdom/United States

Tax Aspects of Cross-Border Leasing Transactions

Dr Amar Mehta

pp. 570-576

In this article, the author considers the issue of cross-border leasing with particular reference to transaction (lease) characterization, tax depreciation, and the income recognition and anti-avoidance rules in Germany, the Netherlands, the United Kingdom and the United States.

Ireland

The Adoption of International Financial Reporting Standards for Tax Purposes by Ireland

Liam Grimes and Tom Maguire

pp. 577-582

This article considers the tax legislation enacted by Ireland in the Finance Acts 2005 and 2006 to cater for a company applying International Financial Reporting Standards.

EC UPDATE