Taxation of Intellectual Property under Domestic Law, EU Law and Tax Treaties

Taxation of Intellectual Property under Domestic Law, EU Law and Tax Treaties
This book presents a unique and detailed insight into the taxation of intellectual property in an international context.

Why this book?

Taxation of Intellectual Property under Domestic Law, EU Law and Tax Treaties, comprising the proceedings and working documents of an annual seminar held in Milan in November 2017, is a detailed and comprehensive study on the taxation of intellectual property (IP). It begins with a comparative analysis of the domestic private law aspects of IP and the domestic tax regimes applicable to profits deriving from the utilization of IP. It next examines the taxation of IP under EU law, with a particular emphasis on (i) the EU fundamental freedoms and State aid, and (ii) the open issues in the implementation of the EU Interest and Royalty Directive.

The book then moves to selected tax treaty issues. In particular, it analyses (i) the historical background and the policy of article 12 of the OECD Model Convention; (ii) the meaning of “royalties” and overlapping between articles 7, 12 and 13 of the OECD Model Convention; (iii) royalties in the context of the OECD Multilateral Instrument under the limitation on benefits (LOB) provision and the principal purpose test (PPT) clause; and (iv) certain selected issues on cross-border transfers of IP.

Individual country surveys provide an in-depth analysis of the domestic tax regimes and actual tax treaty application and practices by various states, including Australia, Austria, Brazil, Canada, China (People’s Rep.), France, Germany, Italy, the Netherlands, Spain, Switzerland, the United Kingdom and the United States.

This book presents a unique and detailed insight into the taxation of intellectual property in an international context and is therefore an essential reference source for international tax students, practitioners and academics.

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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)

Paolo Arginelli, Celeste M. Black, Alberto Brazzalotto, Patricia A. Brown, Sophie Chatel, Robin Damberger, Robert J. Danon, Mathieu Daudé, David N. de Ruig, Sjoerd Douma, Anne Fairpo, Elizabeth Gil García, Hans-Peter Gradwohl, Peter Hongler, Michael D. Knobler, Na Li, Sean P. McElroy, Adolfo Martín Jiménez, Leonardo F. de Moraes e Castro, Larissa B. Neumann, Jacques Sasseville, Joel Scheuerman, Livia Schlegel, Florian Schmid, Julia Ushakova-Stein, Matthias Valta, Zoya Zalmai

Taxation of Intellectual Property under Domestic Law, EU Law and Tax Treaties
https://doi.org/10.59403/1rk780x
Chapter 1: Taxation of Intellectual Property (IP) in Domestic Tax Law
https://doi.org/10.59403/1rk780x001
Chapter 2: Intellectual Property (IP) Income and Tax Treaty Abuse: Relevance of BEPS Actions 5 and 8-10 for the Principal Purpose Test
https://doi.org/10.59403/1rk780x002
Chapter 3: An EU Free Movement and State Aid Perspective on the Development of IP in a Foreign PE
https://doi.org/10.59403/1rk780x003
Chapter 4: Open Issues in the Application of the Interest and Royalty Directive to Royalty Payments
https://doi.org/10.59403/1rk780x004
Chapter 5: Source vs Residence Taxation of Royalties: A Historical Perspective
https://doi.org/10.59403/1rk780x005
Chapter 6: Article 12 OECD/UN Models: Definition of Royalties and “Overlapping” between Articles 7, 12 and 13
https://doi.org/10.59403/1rk780x006
Chapter 7: Royalties in the Context of the Multilateral Instrument, the Principal Purpose Test and the Limitation on Benefits Provision
https://doi.org/10.59403/1rk780x007
Chapter 8: Transfers of Intangibles under Tax Treaties (Although all the Fun Stuff is in the Transfer Pricing Guidelines)
https://doi.org/10.59403/1rk780x008
Chapter 9: Australia
https://doi.org/10.59403/1rk780x009
Chapter 10: Austria
https://doi.org/10.59403/1rk780x010
Chapter 11: Brazil
https://doi.org/10.59403/1rk780x011
Chapter 12: Canada
https://doi.org/10.59403/1rk780x012
Chapter 13: China (People’s Rep.)
https://doi.org/10.59403/1rk780x013
Chapter 14: France
https://doi.org/10.59403/1rk780x014
Chapter 15: Germany
https://doi.org/10.59403/1rk780x015
Chapter 16: Italy
https://doi.org/10.59403/1rk780x016
Chapter 17: Netherlands
https://doi.org/10.59403/1rk780x017
Chapter 18: Spain
https://doi.org/10.59403/1rk780x018
Chapter 19: Switzerland
https://doi.org/10.59403/1rk780x019
Chapter 20: United Kingdom
https://doi.org/10.59403/1rk780x020
Chapter 21: United States
https://doi.org/10.59403/1rk780x021