The principle of non-discrimination in international and European tax law

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Release : 2012
Genre : Conflict of laws
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Book Rating : 592/5 ( reviews)

The principle of non-discrimination in international and European tax law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The principle of non-discrimination in international and European tax law write by Niels Bammens. This book was released on 2012. The principle of non-discrimination in international and European tax law available in PDF, EPUB and Kindle. The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed.

Non-discrimination in European and Tax Treaty Law

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Release : 2015
Genre : Aufsatzsammlung
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Book Rating : 602/5 ( reviews)

Non-discrimination in European and Tax Treaty Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Non-discrimination in European and Tax Treaty Law write by Kasper Dziurdź. This book was released on 2015. Non-discrimination in European and Tax Treaty Law available in PDF, EPUB and Kindle.

Non-Discrimination in European and Tax Treaty Law

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Release : 2015
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Non-Discrimination in European and Tax Treaty Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Non-Discrimination in European and Tax Treaty Law write by . This book was released on 2015. Non-Discrimination in European and Tax Treaty Law available in PDF, EPUB and Kindle.

Non-Discrimination in Tax Treaties

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Release : 2016
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Book Rating : 793/5 ( reviews)

Non-Discrimination in Tax Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Non-Discrimination in Tax Treaties write by Pasquale Pistone. This book was released on 2016. Non-Discrimination in Tax Treaties available in PDF, EPUB and Kindle. Recoge: 1: Nationality Non-Discrimination and Article 24 OECD Model: Perennial Issues, Recent Trends and New Approaches - 2: Non-Discrimination on the Basis of Nationality in IIAs: A Latin American Tax Perspective - 3: Interest Deduction Limitations: When To Apply Articles 9 and 24(4) of the OECD Model? - 4: Revisiting the Application of the Capital Ownership Non-Discrimination Provision in Tax Treaties - 5: Non-Discrimination in Tax Treaties – Art. 24(4) and (5) OECD MC: A Russian Approach to Tax Treaty Interpretation - 6: Non-Discrimination and Harmful Tax Competition under WTO Law and Article 24 of the OECD Model - 7: Non-Discrimination: Can the EU Learn from the OECD Model Convention and Vice Versa? - 8: Non-Discrimination à la Cour: The ECJ’s (Lack of) Comparability Analysis in Direct Tax Cases - 9: Discriminatory Taxation and the European Convention on Human Rights.

Time and Tax: Issues in International, EU, and Constitutional Law

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Release : 2018-12-20
Genre : Law
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Book Rating : 642/5 ( reviews)

Time and Tax: Issues in International, EU, and Constitutional Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Time and Tax: Issues in International, EU, and Constitutional Law write by Werner Haslehner. This book was released on 2018-12-20. Time and Tax: Issues in International, EU, and Constitutional Law available in PDF, EPUB and Kindle. Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.