Jain, Saurabh
Conceptual aspects of beneficial ownership in the context of property law / Saurabh Jain and John Prebble .-- , 2018
Disponible únicamente en formato electrónico.
Resumen.
This article argues that the dominion test cannot logically be transposed to conduit company cases from cases involving interposed entities, which act as agents or nominees. Agents and nominees do not possess dominion over income. They are obliged under property law to pass on income to third parties, namely their principals or mandators, whereas a conduit company has property rights over income by definition. That is, it possesses dominion over its income simply by virtue of being a corporation. It follows that, if dominion is used as a test for determining whether an interposed company is eligible for treaty benefits, it will always qualify regardless of whether it acts as a conduit.
SOCIEDADES
BENEFICIARIO EFECTIVO
FISCALIDAD INTERNACIONAL
TRATADOS INTERNACIONALES
Prebble, John
Bulletin for International Taxation 0007-4624 v. 72, n. 10, October 2018, p. 572-577
Conceptual aspects of beneficial ownership in the context of property law / Saurabh Jain and John Prebble .-- , 2018
Disponible únicamente en formato electrónico.
Resumen.
This article argues that the dominion test cannot logically be transposed to conduit company cases from cases involving interposed entities, which act as agents or nominees. Agents and nominees do not possess dominion over income. They are obliged under property law to pass on income to third parties, namely their principals or mandators, whereas a conduit company has property rights over income by definition. That is, it possesses dominion over its income simply by virtue of being a corporation. It follows that, if dominion is used as a test for determining whether an interposed company is eligible for treaty benefits, it will always qualify regardless of whether it acts as a conduit.
SOCIEDADES
BENEFICIARIO EFECTIVO
FISCALIDAD INTERNACIONAL
TRATADOS INTERNACIONALES
Prebble, John
Bulletin for International Taxation 0007-4624 v. 72, n. 10, October 2018, p. 572-577