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European Union - The Impact of a Corporate Governance System on the Place of Effective Management Concept in Spain, France, the United Kingdom, the Netherlands, Germany and Italy – Part 2

Country:
European Union
Author:
F.P.G. Pötgens; P. van Os; I. Mensing; G. Canalejo Lasarte; D. López Pombo; M. Scheifele; G. Wagner; S. Luder; E. Milliner; P.-H. Durand; A. Robert; A. Dony; A. Silvestri; L. Lancellotti
Issue:
European Taxation, 2014 (Volume 54), No 10
Published:
10 September 2014
This article discusses the impact of a corporate governance system on the place of effective management concept. In Part 1, which was published in European Taxation 9 (2014), the authors outlined how six different European states determine, under their respective domestic tax laws, the place of effective management of a multinational company with either a one-tier or a two-tier board. Part 2 looks at how they interpret the term "place of effective management" as used in tax treaties based on the OECD Model under both board structures and also includes a case study. The conclusion provides for a summary and recommendations to change either the OECD Model or Commentaries.
 
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