
Combating Tax Avoidance in the EU
Description
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With contributions from both prominent tax academics and Spain's delegates to the European meetings where these rules are debated and promulgated, the book covers such issues and topics as the following:
- - the development of the EU Strategy towards Aggressive Tax Planning;
- - recent tax-related jurisprudence of the European Court of Justice;
- - the Anti-Tax Avoidance Directive;
- - tax treaties and non-tax treaties with tax consequences both between Member States and between Member States and third countries;
- - code of conduct for business taxation;
- - automatic exchange of information;
- - country-by-country reporting;
- - arbitration in tax matters;
- - external strategy for effective taxation regarding non-EU countries;
- - competition and state aid developments in direct taxation;
- - the Common Consolidated Tax Base; and
- - digital significant presence and permanent establishment.
As the EU pursues its ambitious tax agenda, taxation's contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever clearer focus. In addition to its insights into these trends, the book's unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes, and other features of the current international tax landscape.
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Content
- Intro
- Editors
- Contributors
- Foreword
- Preface
- CHAPTER 1BEPS, ATAP and the New Tax Dialogue: A Transatlantic Competition?
- PART IEuropean Construction, Competences in Tax Matters and the Development of Anti-avoidance Rules
- CHAPTER 2The European Union, the State Competence in Tax Matters and Abuse of the EU Freedoms
- CHAPTER 3The Role of Negative Harmonization in the European Tax Arena: Special Reference to the Cros
- CHAPTER 4The BEPS Project in the European Union: Working Up the ATAP Package
- PART IICouncil Directive (EU) 2016/1164 of 12 July 2016 Laying Down Rules Against Tax Avoidance Prac
- CHAPTER 5The Scope of the Directive and the Principle of Subsidiarity
- CHAPTER 6The General Anti-abuse Rule of the Anti-tax Avoidance Directive
- CHAPTER 7Interest Limitation Rule
- CHAPTER 8Harmonization of Controlled Foreign Corporation Rules in the European Union: The Spanish Pe
- CHAPTER 9Hybrid Mismatch Arrangements
- CHAPTER 10Exit Taxes: One Size Should Not Fit All
- CHAPTER 11The Switch-Over Clause in the 2016 Proposal for an Anti-tax Avoidance Directive
- PART IIIAdministrative Cooperation in Tax Matters: A Need for a Full Applicability of European Freed
- CHAPTER 12Administrative Cooperation in the Recovery of Claims: Directive 2010/24/EU - A Spanish App
- CHAPTER 13Combating Tax Avoidance in the European Union: Harmonization and Cooperation in Direct Tax
- CHAPTER 14Amendment of Directive 2011/16/EU as Regards Mandatory Automatic Exchange of Information o
- CHAPTER 15Country by Country Reporting
- CHAPTER 16Mandatory Disclosure Rules for Tax Planning Schemes and Automatic Exchange
- CHAPTER 17The New Tax Dispute Resolution Mechanisms in the European Union: The 'Arbitration Directiv
- CHAPTER 18Code of Conduct on Withholding Tax and the OECD TRACE System
- CHAPTER 19Elimination of Double Taxation in the European Union: Former Article 293 TEEC, EU Competen
- PART IVTax Treaties and the External Dimension of the European Union in Tax Matters
- CHAPTER 20The Recommendation on Tax Treaties and the Legal Framework of Tax Treaties Between Member
- CHAPTER 21The 2016 Communication on the Strategy on External Action and the External Dimension of th
- CHAPTER 22The EU List of Non-cooperative Jurisdictions for Tax Purposes
- PART VOther European Measures to Prevent Tax Avoidance: State Aid and the Code of Conduct for Busine
- CHAPTER 23The Revision of the Code of Conduct for Business Taxation
- CHAPTER 24Application of the State Aid Regime to Tax Rulings
- CHAPTER 25The Commission's State Aid Decisions on Advance Tax Rulings: Criticisms and Potential Impa
- CHAPTER 26The Difficult Relationship Between the Fundamental Freedoms and the Nexus Approach as a Cr
- PART VIThe Future of European Taxation
- CHAPTER 27Case Law of the Court of Justice of the European Union: A Reflection for the Future
- CHAPTER 28Study of the Proposal for a Council Directive on a Common Corporate Tax Base
- CHAPTER 29A Preliminary Assessment of the EU Proposal on Significant Digital Presence: A Brave Attem
- Index
- §1.01 Introduction: The US and BEPS
- §1.02 Past Accumulations
- §1.03 Future Accumulations
- §1.04 Base Erosion
- §1.05 BEPS Action 6: Should the US Reconsider the Rejection of the PPT?
- §1.06 Anti-hybrid Provisions
- §1.07 Conclusion: The Future of BEPS
- §2.01 The Approach to the Issues
- §2.02 ECJ Jurisprudence on the Use for Tax Reasons of EU Freedoms
- [A] Anti-avoidance Rules Enacted Motu Proprio by Member States
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