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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:
ISBN:

978-90-8722-123-2

Type of publication:

Print Book

Number of pages:

434

Terms:

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Price:
EUR 120 / USD 155 (VAT excl.)
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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:
ISBN:

978-90-8722-124-9

Type of publication:

eBook in ePub format

Number of pages:

434

Other:

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Price:
EUR 96 / USD 124 (VAT excl.)
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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:
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

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.
 

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This book is part of the IBFD Doctoral Series

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Table of contents

Editor(s)

Joanna Wheeler is a member of the IBFD academic group. She has been with IBFD for many years, where she has had various responsibilities, including regular teaching commitments at a number of universities. She was one of the founding editors of the IBFD database on the taxation of trusts and in 2007 she was the general reporter for the Kyoto Congress of the International Fiscal Association on the topic “Conflicts in the attribution of income to a person”.
 

 

Reviewed by Christiana HJI Panayi

British Tax Review, Issue 4, 2013
 
This 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.
 
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