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The Missing Keystone of Income Tax Treaties
This book suggests a new structure for the OECD Model to eliminate a fundamental flaw which underlies many current problems in respect of entitlement to treaty benefits.
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- Title:
The Missing Keystone of Income Tax Treaties
- Series:
Volume 23 in the Doctoral Series
- Editor(s):
- Joanna Wheeler
- Date of publication:
April 2012
- ISBN:
978-90-8722-123-2
- Type of publication:
Print Book
- Number of pages:
434
- Terms:
Shipping fees apply. View shipping information
- Price:
- EUR 120 / USD 155 (VAT excl.)
- tab_1
- Title:
The Missing Keystone of Income Tax Treaties
- Series:
Volume 23 in the Doctoral Series
- Editor(s):
- Joanna Wheeler
- Date of publication:
April 2012
- ISBN:
978-90-8722-124-9
- Type of publication:
eBook in ePub format
- Number of pages:
434
- Other:
Please note: Adobe Digital Editions is required
- Price:
- EUR 96 / USD 124 (VAT excl.)
- tab_2
- Title:
The Missing Keystone of Income Tax Treaties
- Series:
Volume 23 in the Doctoral Series
- Editor(s):
- Joanna Wheeler
- Date of publication:
April 2012
- ISBN:
978-90-8722-123-2
- Type of publication:
Online Book
- Number of pages:
434
- Access:
Up to 5 users. View purchase information
- Price:
- EUR 120 / USD 155 (VAT excl.)
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- The Missing Keystone of Income Tax Treaties
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Why this book?
This thesis reveals a fundamental flaw in the OECD Model, namely that it pays no attention to the person who is liable to tax in respect of the income for which treaty benefits are claimed. This “missing keystone” causes two major problems of interpretation. One problem arises if the contracting states attribute the income to different persons; the myriad ways in which such a conflict can occur is illustrated by an extensive comparison of the domestic law of the Netherlands and the United Kingdom in this respect.
This missing keystone also causes a disconnection between the two principal conditions for treaty entitlement. The treaty residence of the claimant is based on a general liability to tax in a contracting state, whereas the distributive articles focus on the ownership of the income. Interpretation problems arise if domestic law imposes a tax liability on a person who is not the owner of the income, for example under anti-avoidance legislation or a corporate group regime.
In order to eliminate this fundamental flaw, the thesis proposes a “new approach” in which the criterion for treaty entitlement is liability to tax on the income, backed up by substantial connections between the income and the treaty claimant and between the treaty claimant and the residence state. The new approach is tested in various situations, many of them decided cases, and proves to give appropriate policy results while respecting the tax sovereignty of states. The thesis includes a proposal for a re-draft of the OECD Model on this basis.Downloads
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Downloads
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Reviewed by Christiana HJI Panayi
British Tax Review, Issue 4, 2013This book is based on the doctoral thesis of Joanna Wheeler, a well-known figure in the
tax community and a previous general reporter of the International Fiscal Association.1 The author examines a fundamental flaw in the OECD Model, in that the current approach to granting treaty benefits requires us to find a person to whom the treaty is to apply, and this person is to be resident in one or both states. The focus on a person though, as a means for liability to tax to arise, remains a source of tension in the interpretation and application of tax treaties, she argues. The number of issues that are found to raise basic questions of interpretation have grown dramatically since the publication of the first OECD Model, reflecting the increasing complexity of domestic law. Some of the issues arising with the application of treaties today are considered in Chapter 2, after a brief introductory first chapter which sets out the structure of her book.As we value your opinion, we invite you to share your thoughts about this IBFD book with other clients.
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