Taxation of Companies on Capital Gains on Shares under Domestic Law, EU Law and Tax Treaties

Taxation of Companies on Capital Gains on Shares under Domestic Law, EU Law and Tax Treaties
This book provides a detailed and comprehensive study on the taxation of capital gains on shares derived by companies.

Why this book?

This book is essential reading for all those dealing with cross-border taxation, EU tax law and tax treaty issues.

Taxation of Companies on Capital Gains on Shares under Domestic Law, EU Law and Tax Treaties, comprising the proceedings and working documents of a seminar held in Milan on 26 November 2012, is a detailed and comprehensive study on the taxation of capital gains on shares derived by companies.

The book begins by discussing the trends in the taxation of capital gains on shares under domestic law, taking into account the input from various national reports. It then considers the taxation of capital gains on shares in the context of EU law. In this field, issues such as the jurisprudence of the European Court of Justice, the hindrance to the internal market caused by double taxation of capital gains on shares and the possible impact of the EU income tax directives are examined. Next, the book discusses the taxation of capital gains on shares under tax treaties. The focus initially is on the notion of “capital gains on shares” in the OECD Model Convention and the qualification conflicts possibly arising in this respect.

In addition, attention is also devoted to tax treaty aspects of company reorganizations that could trigger taxation of capital gains on shares and to tax treaty provisions regarding shares attributable to permanent establishments and non-discrimination. Finally, the application of domestic and agreement-based anti-abuse rules to transfers of shares is thoroughly analysed, with an eye also on recent rules and doctrines aimed at taxing indirect transfers. Individual country surveys provide an in-depth analysis of the above issues from a national viewpoint in North America, selected European jurisdictions, Australia, China and India.

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This book is part of the EC and International Tax Law Series

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Editor(s)

Guglielmo Maisto

Contributor(s)

Francesco Avella, Wei Cui, Mathieu Daude, Marjaana Helminen, Mark S. Hoose, Elisabeth Hütter, Kristine Ilstad, Reijo Knuutinen, Georg Kofler, Katarina Köszeghy, Adriana Krzymowska, Filippo Maisto, Guglielmo Maisto, Jacques Malherbe, Ruben Martini, Edouard-Jean Navez, Thierry Obrist, Roland A. Pfister, Hans Pijl, Dongmei Qiu, Elie S. Roth, Clément Rozant, Alexander Rust, Dhaval J. Sanghavi, Jacques Sasseville, Georges Simon, Jan van de Streek, Nikki Teo, John M. Ulmer, Richard Vann, Dennis Weber, Tanja Weimar

Taxation of Companies on Capital Gains on Shares under Domestic Law, EU Law and Tax Treaties
Chapter 1: General Report
Chapter 2: Taxation of Company on Capital Gains on Shares: The EU Treaty Freedoms
Chapter 3: Capital Gains on Shares and EU Law: The Income Tax Directives
Chapter 4: Definitional Issues Related to Article 13 (Capital Gains)
Chapter 5: Capital Gains and Qualification Conflicts under Article 23 OECD Model
Chapter 6: Capital Gains on Shares under Reorganizations
Chapter 7: Capital Gains: The Principle of Symmetry, the Internal Order of Article 13 and the Dynamic Interpretation of the Changes in the 2010 Commentary on “Forming Part” and “Effectively Connected”
Chapter 8: Transfer of Shares and Anti-Abuse under the OECD Model Tax Convention
Chapter 9: Taxing Indirect Transfers: Rules and Doctrines
Chapter 10: Australia
Chapter 11: Austria
Chapter 12: Belgium
Chapter 13: Canada
Chapter 14: China
Chapter 15: Finland
Chapter 16: France
Chapter 17: Germany
Chapter 18: India
Chapter 19: Italy
Chapter 20: Luxembourg
Chapter 21: Netherlands
Chapter 22: Norway
Chapter 23: Sweden
Chapter 24: Switzerland
Chapter 25: United States
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