Building Global International Tax Law

Building Global International Tax Law
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9789087227814
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The ongoing global tax governance is bringing international tax law to unprecedented levels of coordination, backed up by technical consultations with stakeholders. This book in honour of Guglielmo Maisto is the outcome of a theoretical and practical research project involving all its contributors, which rank among the most authoritative experts of international tax law.

Why This Book?

The goal of this book is to supplement the process of international tax coordination with a comprehensive independent conceptual review of the current issues and future challenges of international tax law.

This book is structured into five parts, which address the most fundamental areas of international tax law. Part One focuses on Model Tax Conventions and addresses issues of tax treaty interpretation (Section 1), allocation rules (Section 2) and other clauses (Section 3). Part Two puts the emphasis on the more specific issues involving bilateral tax treaties and domestic tax law, including the relations with them. Part Three brings in the picture the interaction with supranational law of the European Union and allows the readers to see how the latter affects international tax law and tax treaties, providing a conceptual analysis that can also be of interest for global readers. Part Four analyses the relations with non-tax treaties, including in particular bilateral investment treaties. The latter treaties are being increasingly used by taxpayers, as non-State actors of international law, to overcome the shortcomings connected with the absence of effective legal remedies under tax treaties. Finally, Part Five presents topical studies on key issues of international tax law, which relate to the past, present and future (including reform) perspectives of international tax law.

About Guglielmo Maisto

Guglielmo Maisto is a Professor of international and comparative tax law at the Università Cattolica di Piacenza and founder of Maisto e Associati, a tax law firm with offices in Milan, Rome and London. He is Chair of the European Region of the International Fiscal Association and President of the Italian Branch of the same organization (IFA), member of the Board of Trustees of the International Bureau of Fiscal Documentation (IBFD) in Amsterdam, member of the Practice Council of New York University (NYU) Law’s International Tax Program and member of the Board of the American Chamber of Commerce in Italy.

Building Global International Tax Law

DOI: https://doi.org/10.59403/erw1wa
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Chapter 1: An “International Tax Language” for Tax Treaty Interpretation: Its Histories in Common and Civil Law Discourse

DOI: https://doi.org/10.59403/erw1wa001
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Chapter 2: Current Issues in the Use of OECD and UN Commentaries in Tax Treaty Interpretation

DOI: https://doi.org/10.59403/erw1wa002
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Chapter 3: The Localization of Tax Treaty Interpretation

DOI: https://doi.org/10.59403/erw1wa003
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Chapter 4: The Scope of Tax Treaties for Tax-Exempt Entities

DOI: https://doi.org/10.59403/erw1wa004
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Chapter 5: Trusts as Collective Investment Vehicles

DOI: https://doi.org/10.59403/erw1wa005
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Chapter 6: International Taxation of Trusts after the BEPS Project and MLI Provisions

DOI: https://doi.org/10.59403/erw1wa006
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Chapter 7: The Tax Treaty Treatment of Software Payments

DOI: https://doi.org/10.59403/erw1wa007
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Chapter 8: The Faltering Legitimacy of the Place of Physical Presence as a Tax Nexus for Active Income

DOI: https://doi.org/10.59403/erw1wa008
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Chapter 9: Employment Income under Tax Treaty Law and the Impact of the COVID-19 Pandemic

DOI: https://doi.org/10.59403/erw1wa009
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Chapter 10: Individuals: The Forgotten Taxpayers in a BEPS Scenario

DOI: https://doi.org/10.59403/erw1wa010
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Chapter 11: Permissible Limitations on Foreign Tax Credit Relief in Bilateral Income Tax Treaties

DOI: https://doi.org/10.59403/erw1wa011
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Chapter 12: The Role of “Commercial Reasons” and “Economic Reality” in the Principal Purpose Test under Article 29(9) of the 2017 OECD Model

DOI: https://doi.org/10.59403/erw1wa012
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Chapter 13: A History of Brazilian Tax Treaty Policy

DOI: https://doi.org/10.59403/erw1wa013
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Chapter 14: Selected Issues from the Six Treaties Concluded by the Netherlands between 1948 and 1952

DOI: https://doi.org/10.59403/erw1wa014
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Chapter 15: Unique Features of the Italy-Japan Income Tax Treaty

DOI: https://doi.org/10.59403/erw1wa015
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Chapter 16: Judicial Evolution of the Relevance of Domestic Law and Article 3(2) in International Tax Jurisprudence

DOI: https://doi.org/10.59403/erw1wa016
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Chapter 17: Tax Residence of Individuals in the Italian Direct Tax System: Some Reflections about the Relationship between Tax Law and Civil Law

DOI: https://doi.org/10.59403/erw1wa017
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Chapter 18: Is the Methodology of Tax Law Interpretation Still Able to Preserve the European Union’s Tax Identity?

DOI: https://doi.org/10.59403/erw1wa018
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Chapter 19: The Notion of Beneficial Ownership in EU and French Case Law

DOI: https://doi.org/10.59403/erw1wa019
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Chapter 20: How the EU Tax Arbitration Directive Relates to Other International Dispute Resolution Mechanisms: A Dutch Perspective

DOI: https://doi.org/10.59403/erw1wa020
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Chapter 21: Taxation of Companies: One, Two, Multiple Times

DOI: https://doi.org/10.59403/erw1wa021
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Chapter 22: Some Remarks about the Difference in the EU Legality Review between Unilateral Measures of the EU Member States and Multilateral Measures of the EU Legislator, with Special Attention on the EU GloBE Directive

DOI: https://doi.org/10.59403/erw1wa022
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Chapter 23: Resolving Conflicts between Secondary EU Law and Commitments of Member States under Tax Treaties

DOI: https://doi.org/10.59403/erw1wa023
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Chapter 24: Interpreting Tax Treaties in Light of Investment Agreements: The Role of the Principle of Systemic Integration in Tax Treaty Disputes

DOI: https://doi.org/10.59403/erw1wa024
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Chapter 25: International Investment Agreements and Anti-Tax Avoidance Measures: Incoherencies in the International Law System, “Systemic Interpretation” and Taxpayer Rights

DOI: https://doi.org/10.59403/erw1wa025
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Chapter 26: Tax and Investment Treaties: Further Thoughts

DOI: https://doi.org/10.59403/erw1wa026
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Chapter 27: The OECD Model Needs Redrafting

DOI: https://doi.org/10.59403/erw1wa027
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Chapter 28: Rethinking Reciprocity in Tax Treaties

DOI: https://doi.org/10.59403/erw1wa028
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Chapter 29: In Quest of Fairness – The Distributional Implications of Different Models of International Taxation

DOI: https://doi.org/10.59403/erw1wa029
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Pasquale Pistone

Stéphane Austry, John Avery Jones, Philip Baker, Peter Blessing, Yariv Brauner, Angelo Contrino, Robert Danon, Luc De Broe, Shefali Goradia, Daniel Gutmann, Johann Hattingh, Koichi Inoue, Michael Lang, Philippe Martin, Adolfo Martín Jiménez, Giuseppe Melis, Toshio Miyatake, Angelo Nikolakakis, Pasquale Pistone, Kaka Porus, Frank Pötgens, Jacques Sasseville, Wolfgang Schön, Luis Schoueri, Jonathan Schwarz, Maria Teresa Soler Roch, Kees van Raad, Stef van Weeghel, Dennis Weber, Bertil Wiman

Marjaana Helminen

EU Tax Law – Direct Taxation 2023

Starting from
EUR 100

Taxation of Companies in Economic and Financial Distress

EUR 0

Mandatory Disclosure Rules

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EUR 124