Tax Nexus and Jurisdiction in International and EU Law

Tax Nexus and Jurisdiction in International and EU Law
This book investigates the foundations of the jurisdiction to tax and the forms of nexus requirements in international and EU tax law.

Why this book?

Since the foundation of the international tax regime, the concept of “nexus” has played a key role in the developments of international and EU tax law. The exercise of fiscal sovereignty requires a connecting factor, or nexus, between the taxable event and the state collecting the tax, which may take different forms, with residence and source being the most common criteria. In the wake of the BEPS initiative, the debate around nexus has been revived due to the proliferation of aggressive tax planning strategies, the ever-increasing exploitation of intangibles by MNEs and the use of base and conduit companies. Under EU law, the nexus has acquired special significance with regard to the territorial application of common EU tax rules contained in EU corporate income tax directives, VAT directives or even customs duties regulations, as well as in relation to the tax-based resources of the EU budget.     

This book is composed of 11 chapters, written by established and uprising scholars from different EU Member States. They comprehensively discuss the foundations of the jurisdiction to tax and the forms of nexus requirements in international and EU tax law. The purpose of the book is to provide academics, tax authorities and practitioners with a comprehensive examination of the nexus by distinguishing all the relevant concepts according to the different taxes that come into play from both a theoretical and a practical perspective, with special attention paid to the latest developments, in particular, the OECD’s Pillar One and Two initiatives. It is based on the presentation made during the 15th GREIT conference, organized by Edoardo Traversa and hosted by the Research Center on Law, Economy and Society (CRIDES) of UCLouvain (Belgium)

This book is part of the GREIT Series

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Contributor(s)

Juliane Kokott, Stjepan Gadžo, Mariya Otto, Anne Van de Vijver, Jérôme Monsenego, Esperanza Buitrago, Fabrizio Pascucci, Cécile Brokelind, Pasquale Pistone, Mariya Senyk, Elena Masseglia Miszczyszyn, Edoardo Travers

Tax Nexus and Jurisdiction in International and EU Law
https://doi.org/10.59403/3r1d3ah
Chapter 1: Public International Law and Taxation: Nexus and Territoriality
https://doi.org/10.59403/3r1d3ah001
Chapter 2: The Market as a Tax Nexus: The Old, the New and the Unknown
https://doi.org/10.59403/3r1d3ah002
Chapter 3: Fundamental Tax Principles and the Role of Market States in the Digitalized Economy: Pillar One Proposal
https://doi.org/10.59403/3r1d3ah003
Chapter 4: Nexus for Transfer Pricing Purposes Before and After BEPS 2.0: From Form to Substance, and Back to Form?
https://doi.org/10.59403/3r1d3ah004
Chapter 5: Innovation and Taxation: A Fundamental Approach to Nexus in BEPS Actions 1 and 5
https://doi.org/10.59403/3r1d3ah005
Chapter 6: The (Re)allocation of Taxing Rights Following the 2021 Consensus on Pillar Two Blueprint: An Examination of its Causes and Effects
https://doi.org/10.59403/3r1d3ah006
Chapter 7: Direct Taxation and the Future of EU Harmonization: Lessons from Past Experiences
https://doi.org/10.59403/3r1d3ah007
Chapter 8: EU Law and Tax Nexus in Changing Times
https://doi.org/10.59403/3r1d3ah008
Chapter 9: Tax Nexus and Jurisdiction in International and EU Law: Some Insights into EU Value Added Tax
https://doi.org/10.59403/3r1d3ah009
Chapter 10: Tax Nexus and EU Law: Lessons from the Customs Experience
https://doi.org/10.59403/3r1d3ah010
Chapter 11: The Reform of EU Own Resources from a Tax Nexus Perspective: Which Fiscal Federalism for the European Union?
https://doi.org/10.59403/3r1d3ah011