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ARTICLES
European Union
Free Movement of Capital and Third Countries: Exploring the Outer Boundaries with Lasertec, A and B and Holböck
Axel Cordewener, Georg W. Kofler and Clemens Philipp Schindler
pp. 371-376
In this article, the authors arrive at some preliminary conclusions in respect of the European Court of Justice decisions in Lasertec, A and B and Holböck regarding, first, the relationship between the free movement of capital and the other fundamental freedoms and, second, the interpretation of the grandfather clause in Art. 57(1) of the EC Treaty.
A Hypothesis for Radical Tax Reform in the European Union – The Implications of the Abolition of Corporate Income Taxes
Luca Cerioni
pp. 377-388
This article draws attention to a series of interpretational problems that would be raised by a scenario in which, as a result of the abolition of corporate income taxes in the Community, corporate entities would become fiscally transparent within the Community. It is also, ultimately, argued that far-reaching solutions would be appropriate to avoid the re-emergence of issues that the abolition of corporate income taxes could otherwise be expected to resolve.
Italy
Permanent Establishments under Italian Tax Law: An Overview
Raffaele Russo and Edoardo Pedrazzini
pp. 389-406
In this article, the authors address the concept of a permanent establishment for Italian tax purposes, taking into account domestic law and Italy's tax treaty network. The various sections of the article include the relevant tax authority pronouncements. A special section considers landmark tax cases.
International
Advance Rulings on the Application of Tax Treaties
Federico Balbiano di Colcavagno
pp. 398-406
The concept behind this article is derived from the practice of many states that have adopted advance agreements to determine the value of operations within a group of companies. The question considered by the author is whether or not and how such advance agreements could be used for the purpose of resolving in advance possible conflicts between states with regard to all the possible international tax implications, especially in respect of tax treaties.
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Cross-Border Taxation of Employee Stock Options: How to Improve the OECD Commentary – Part 1
Frank P.G. Pötgens and Marcel Jakobsen
pp. 407-418
In the first part of this two-part article, the authors discuss if, and when, employee stock option benefits should be taxed as employment income (Art. 15 of the OECD Model) or as capital gains (Art. 13 of the OECD Model).
EC UPDATE
CFE NEWS
Opinion Statement on the Introduction of a Mechanism for Eliminating Double Imposition of VAT in Individual Cases – May 2007
p. 419
WHAT'S GOING ON IN ...
France
New Guideline on Recognition of Transparency Principle for Foreign Partnerships
Séverine Baranger, LL.M.
pp. 420-423
On 29 March 2007, the French tax administration issued a Guideline on the application of tax treaties to French-source passive income received via foreign partnerships. This note considers the Guideline by way of a summary of the OECD approach in the situations covered by the Guideline, and descriptions of the traditional French translucency approach, the changes entailed by the Diebold decision and the most important provisions of the Guideline.
Latvia
Cross-Border Loss Relief in Latvia: The Lessons to Be Learned
Julija Petkevica
pp. 424-427
This note considers the implications of the decision of the European Court of Justice in Marks & Spencer and the amendments recently made to the relevant Latvian loss relief rules.
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