Principles justifying the reallocation of taxing rights to market jurisdictions electrónico do we need them? Rita Szudoczky
By: Szudoczky, Rita
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Material type: 
ArticleSubject(s): FISCALIDAD INTERNACIONAL | PRIMER PILAR (OCDE)Online resources: Click here to access online
In:
Intertax v. 51, Issue 12, December 2023, p. 822-839Summary: This article argues that the taxing right of market jurisdictions under Pillar One is justified by commonly invoked and widely accepted principles in international taxation. This is not just a desirable outcome of the international coordination on the allocation of taxing rights but a moral demand that the inter-state allocation of taxing rights must comply with. A principle-based allocation of taxing rights is a precondition for the legitimacy and thus the equity of the international tax regime. Principles, such as ability to pay, the benefits principle and economic allegiance, provide a normative justification for asserting tax jurisdiction. Despite the criticism regarding their vagueness, indeterminateness, and overlaps between their meaning, the benefits principle and economic allegiance have a definite function in the international tax regime insofar as they designate the countries that have a legitimate claim to tax international income.
| Item type | Current location | Home library | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
| Recursos electrónicos | IEF | IEF | OP 2141/2023/12-3 (Browse shelf) | Available | OP 2141/2023/12-3 |
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| OP 2141/2023/12 Intertax | OP 2141/2023/12-1 Would Pillar One fix the broken system? | OP 2141/2023/12-2 Pillar one and alchemy | OP 2141/2023/12-3 Principles justifying the reallocation of taxing rights to market jurisdictions | OP 2141/2023/12-4 Pillar one and mobility | OP 2141/2023/12-5 Critical review of the atad implementation | OP 2141/2023/12-6 The 1963 OECD model tax convention |
This article argues that the taxing right of market jurisdictions under Pillar One is justified by commonly invoked and widely accepted principles in international taxation. This is not just a desirable outcome of the international coordination on the allocation of taxing rights but a moral demand that the inter-state allocation of taxing rights must comply with. A principle-based allocation of taxing rights is a precondition for the legitimacy and thus the equity of the international tax regime. Principles, such as ability to pay, the benefits principle and economic allegiance, provide a normative justification for asserting tax jurisdiction. Despite the criticism regarding their vagueness, indeterminateness, and overlaps between their meaning, the benefits principle and economic allegiance have a definite function in the international tax regime insofar as they designate the countries that have a legitimate claim to tax international income.
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