The substantive scope of tax treaties in a post - BEPS world article 2OECD MC ( taxes covered ) and the rise of new taxes Roland Ismer & Christoph Jescheck
By: Ismer, Roland
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Contributor(s): Jescheck, Christoph.
Material type: 
ArticlePublisher: 2017Subject(s): TRATADOS INTERNACIONALES | FISCALIDAD INTERNACIONAL | EROSIÓN DE LA BASE IMPONIBLE Y TRASLADO DE BENEFICIOS | EVASION FISCAL | PREVENCIÓN | PROGRAMAS | ELUSION FISCAL
In:
Intertax v. 45, n. 5, May 2017, p. 382-390Summary: Several countries have recently either introduced or announced plans for new taxes addressing base erosion and profit shifting by multinational enterprises. These taxes include the Indian Equalization Levy, the UK Diverted Profits Tax, the announced Australian Diverted Profits Tax, the Netherlands Excessive Severance Tax as well as the Belgian Fairness Tax. Moreover, US Republicans plan to substitute the corporation tax with a (destination based) cash flow tax. It remains uncertain whether these hybrid taxes are covered by tax treaties. Theuncertainty relates both to the definition of an income tax according to Article 2(2) OECD MC and to the term' identical or substantially similar taxes' pursuant to Article 2(4) OECD MC. Against this background of legal uncertainty, the authors favour a procedural solution introducing an obligation for the contractingstates to reach a mutual agreement as to whether or not new taxes are covered by the tax treaty.
| Item type | Current location | Home library | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
| IEF | OP 2141/2017/5-2 (Browse shelf) | Available | OP 2141/2017/5-2 |
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Accesible también en línea a través de la Biblioteca del Instituto deEstudios Fiscales. Conclusión. Resumen.
Several countries have recently either introduced or announced plans for new taxes addressing base erosion and profit shifting by multinational enterprises. These taxes include the Indian Equalization Levy, the UK Diverted Profits Tax, the announced Australian Diverted Profits Tax, the Netherlands Excessive Severance Tax as well as the Belgian Fairness Tax. Moreover, US Republicans plan to substitute the corporation tax with a (destination based) cash flow tax. It remains uncertain whether these hybrid taxes are covered by tax treaties. Theuncertainty relates both to the definition of an income tax according to Article 2(2) OECD MC and to the term' identical or substantially similar taxes' pursuant to Article 2(4) OECD MC. Against this background of legal uncertainty, the authors favour a procedural solution introducing an obligation for the contractingstates to reach a mutual agreement as to whether or not new taxes are covered by the tax treaty.
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