Tax Treaty Case Law around the Globe 2021

Tax Treaty Case Law around the Globe 2021
This book covers the thirty most important tax treaty cases that were decided around the world in 2020.

Why this book?

This book is a unique publication that gives a global overview of international tax disputes on double tax conventions and thereby fills a gap in the area of tax treaty case law. It covers the thirty most important tax treaty cases that were decided around the world in 2020. The systematic structure of each chapter allows for the easy and efficient study and comparison of the various methods adopted for applying and interpreting tax treaties in different cases.

With the continuously increasing importance of tax treaties, “Tax Treaty Case Law around the Globe 2021” is a valuable reference tool for anyone interested in tax treaty case law. This book is of interest to tax practitioners, multinational businesses, policymakers, tax administrators, judges, and academics.

This book is part of the Tax Treaty Case Law around the Globe Series

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Editor(s)

Georg Kofler, Michael Lang, Alexander Rust, Jeffrey Owens, Pasquale Pistone, Josef Schuch, Karoline Spies, Claus Staringer, Alfred Storck, Peter Essers, Eric Kemmeren, Cihat Öner &Daniel Smit.

Tax Treaty Case Law around the Globe 2021
Austria: Supreme Administrative Court on a Hybrid “Sandwich Structure”
Australia: Testing the Tax Treaty Residency Tie-Break Rules for Individuals
France: Concept of Habitual Abode
France: Limited Tax Liability and Residence
Italy: Tiziano Ferro v. Agenzia delle entrate – Language (and Conceptual) Discrepancy?
India: The Dividend Distribution Tax: Entitlement to Treaty Protection?
Denmark: Did an employee’s Home Office constitute a Permanent Establishment? – Article 5 (1) of the Denmark/Germany Tax Treaty
Denmark: Taxation of Income from Independent Personal Services? – Article 14 of the Denmark/China Tax Treaty
France: Concept of the Permanent Establishment
Turkey: Taxation of Digital Advertising Services Income
United Kingdom: Royal Bank of Canada v The Commissioners for Her Majesty’s Revenue and Customs (HMRC)
United Kingdom: Irish Bank Resolution Corporation Ltd v HMRC
Spain: The Limits to the Interpretation of Tax Treaties in light of later Commentaries to the OECD MC: the Spanish Supreme Court Stryker Case
Norway: Associated Enterprises (OECD MC Article 9)
United States: United States Tax Court, The Coca-Cola Company & Subsidiaries, Petitioner v. Commissioner of Internal Revenue, Respondent 155 T.C. No. 10
Switzerland: Beneficial Ownership and Dynamic Interpretation of Tax Treaties
Russia: Beneficial Owner/”Actual Owner” and Thin Capitalization
Spain: The Never-Ending Story of Beneficial Owner: The Colgate Case
Germany: Taxation of a severance payment
Switzerland: Distinction between Public and Private Pensions Income under the Swiss and Thailand Tax Treaty
Poland: Withholding tax on the payment of “match sums” to foreign football federations
United States: United States Tax Court, Baturin v. US, 153 T.C. No. 10
Bulgaria: Credit of tax levied not in accordance with the convention – Decision No 409/2020 and of the Supreme Administrative Court
Portugal: Income from Employment and the Burden of Proof
Australia: Facing Its Fears in Respect of the Non-Discrimination Article
Belgium: Increased Attention to Taxpayer Rights in MAPs in Belgian Case Law
Portugal: Discrimination of Permanent Establishments
Brazil: Tax Treaty Issues under the Volvo Case
Germany: Interpretation of the European Arbitration Convention
Canada: Capital Gains on the Sale of Shares – Alta Energy Luxembourg S.A.R.L. v. The Queen
Israel: Prosol Holdings S.A. v. Assessor Tel Aviv 5 49525-02-14
Argentina: Shall the substance over form principle (domestic GAAR) apply to deny treaty benefits arising from Article 22(4) of the OECD MC?

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