Editors |
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v | |
Contributors |
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vii | |
Foreword |
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xxxv | |
Preface |
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xxxvii | |
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Chapter 1 BEPS, ATAP and the New Tax Dialogue: A Transatlantic Competition? |
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1 | (36) |
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§1.01 Introduction: The US and BEPS |
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2 | (2) |
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4 | (4) |
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§1.03 Future Accumulations |
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8 | (6) |
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14 | (4) |
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§1.05 BEPS Action 6: Should the US Reconsider the Rejection of the PPT? |
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18 | (10) |
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§1.06 Anti-hybrid Provisions |
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28 | (7) |
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§1.07 Conclusion: The Future of BEPS |
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35 | (2) |
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Part I European Construction, Competences in Tax Matters and the Development of Anti-avoidance Rules |
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37 | (62) |
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Chapter 2 The European Union, the State Competence in Tax Matters and Abuse of the EU Freedoms |
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39 | (22) |
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§2.01 The Approach to the Issues |
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39 | (3) |
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§2.02 ECJ Jurisprudence on the Use for Tax Reasons of EU Freedoms |
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42 | (13) |
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[ A] Anti-avoidance Rules Enacted Motu Proprio by Member States |
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42 | (1) |
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43 | (1) |
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44 | (2) |
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[ 3] Thin Capitalization Rules |
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46 | (2) |
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[ B] Anti-avoidance Rules Grounded on Rules of Secondary EU Law |
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48 | (3) |
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[ C] Lack of Domestic Specific Anti-avoidance Rule: General EU Principle Forbids Abuse of Rights |
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51 | (1) |
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[ 1] Case C-255/02 Halifax |
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51 | (3) |
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[ 2] Case C-321/05 Kofoed |
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54 | (1) |
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§2.03 Status Quo on Abuse of EU Law for Tax Reasons |
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55 | (1) |
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§2.04 Some Remarks on the Eventual Influence of the Anti-avoidance Directive on the Status Quo |
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56 | (5) |
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[ A] On the Purpose of the Directive and Its Eventual Implications |
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56 | (1) |
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[ B] On the Source of Measures Adopted |
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57 | (1) |
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[ C] On the Concept of Abuse Deriving from the General Anti-abuse Rule Contained in Article 6 |
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58 | (3) |
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Chapter 3 The Role of Negative Harmonization in the European Tax Arena: Special Reference to the Cross-Border Loss Relief Regime |
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61 | (20) |
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§3.01 Negative Harmonization of Taxation |
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61 | (4) |
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§3.02 The System for Cross-Border Set-Off of Losses |
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65 | (16) |
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[ A] The European System for Cross-Border Set-Off of Losses |
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65 | (6) |
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[ B] The Spanish Cross-Border Loss Relief Regime |
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71 | (1) |
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[ 1] The Spanish System for Cross-Border Set-Off of Losses |
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71 | (1) |
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[ 2] The System for Cross-Border Set-Off: Historical Development |
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72 | (1) |
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72 | (1) |
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73 | (2) |
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75 | (2) |
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77 | (1) |
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78 | (3) |
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Chapter 4 The BEPS Project in the European Union: Working Up the ATAP Package |
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81 | (18) |
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81 | (6) |
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87 | (4) |
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§4.03 Anti-tax Avoidance Package |
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91 | (2) |
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§4.04 Procedure in the Council: Approval of the Measures |
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93 | (3) |
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§4.05 Adoption of the Last BEPS-Related Measures |
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96 | (3) |
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Part II Council Directive (EU) 2016/1164 of 12 July 2016 Laying Down Rules Against Tax Avoidance Practices That Directly Affect the Functioning of the Internal Market |
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99 | (146) |
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Chapter 5 The Scope of the Directive and the Principle of Subsidiarity |
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101 | (12) |
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101 | (3) |
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§5.02 Subsidiarity and Proportionality of the Measure |
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104 | (2) |
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§5.03 Scope of Application |
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106 | (7) |
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[ A] `Corporate Income Tax' for the Purposes of the ATAD |
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106 | (1) |
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[ B] Subjective Scope of Application: `Taxpayers Subject to Corporate Income Tax' |
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107 | (1) |
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107 | (1) |
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[ 2] Considerations on Tax Residence and PEs |
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108 | (1) |
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108 | (1) |
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[ a] Transparent Entities |
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108 | (1) |
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109 | (4) |
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Chapter 6 The General Anti-abuse Rule of the Anti-tax Avoidance Directive |
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113 | (32) |
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113 | (2) |
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§6.02 The Fight Against Tax Abuse in the Internal Market: The Justification for the ATAD |
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115 | (5) |
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§6.03 From the Anti-abuse Case Law of the ECJ to a General Anti-abuse Rule |
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120 | (4) |
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§6.04 A Specific Analysis of the General Anti-abuse Clause of the ATAD Directive |
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124 | (10) |
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[ A] The Legal Hypothesis Established by the General Anti-abuse Rule Contained in the ATAD Directive |
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125 | (1) |
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[ 1] The Subjective Test: The Obtainment of a Tax Advantage as the Main Purpose or One of the Main Purposes of the Arrangement |
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126 | (2) |
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[ 2] The Objective Test: The Obtainment of a Tax Advantage Must Defeat the Object or Purpose of the Applicable Tax Law |
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128 | (3) |
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[ 3] The Valid Commercial Reasons Test: A Falsified Arrangement in the Sense That Valid Commercial Reasons Have Not Been Established That Reflect Economic Reality |
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131 | (1) |
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[ B] The Legal Consequence of the General Anti-abuse Rule Contained in the ATAD Directive |
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132 | (2) |
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§6.05 Epilogue: An (Unforeseen) Consequence of the ATAD's General Anti-abuse Clause |
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134 | (11) |
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Chapter 7 Interest Limitation Rule |
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145 | (14) |
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145 | (2) |
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§7.02 Existing Measures on the Limitation of Deductibility of Financial Expenses |
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147 | (1) |
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§7.03 Consideration of Costs of Indebtedness |
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148 | (2) |
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§7.04 General Rule of the Fixed Ratio: EBITDA |
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150 | (2) |
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§7.05 Contributors to Those That Are Applicable to the Ratio Rule |
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152 | (1) |
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§7.06 Exempt Minimum Threshold |
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152 | (1) |
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§7.07 Exception Relating to Excessive Expenditure Derived from Certain Loans with Conditions |
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153 | (2) |
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155 | (1) |
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§7.09 Treatment of Non-deductible Financial Expenses |
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156 | (1) |
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157 | (1) |
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157 | (2) |
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Chapter 8 Harmonization of Controlled Foreign Corporation Rules in the European Union: The Spanish Perspective |
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159 | (14) |
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159 | (1) |
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§8.02 Controlled Foreign Corporation |
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160 | (3) |
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[ A] Definition and Object of Control |
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160 | (2) |
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[ B] Taxation of the Controlled Foreign Company |
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162 | (1) |
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163 | (6) |
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[ A] Tainted Income According to Its Legal Nature |
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163 | (4) |
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[ B] Tainted Income According to the Capacity and the Means of the Foreign Entity |
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167 | (2) |
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§8.04 Limits to the Inclusion of the Tainted Income in the Taxable Base of the Shareholder |
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169 | (1) |
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170 | (1) |
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§8.06 Rules to Eliminate Double Taxation |
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171 | (2) |
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Chapter 9 Hybrid Mismatch Arrangements |
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173 | (18) |
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§9.01 Introduction: From ATAD 1 to ATAD 2 |
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173 | (1) |
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§9.02 Concept, Characteristics and Typology of Hybrid Mechanisms |
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174 | (2) |
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§9.03 General Principles of Hybrid Anti-asymmetries Rules |
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176 | (1) |
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§9.04 Hybrid Financial Instrument Mismatch |
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177 | (1) |
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§9.05 Hybrid Entity Mismatch |
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178 | (4) |
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179 | (1) |
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[ B] Reverse Hybrid Entity |
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180 | (2) |
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§9.06 Hybrid PE Mismatches |
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182 | (2) |
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182 | (1) |
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183 | (1) |
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[ C] Deduction Without Inclusion |
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183 | (1) |
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184 | (1) |
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§9.08 Imported Mismatches |
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185 | (2) |
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§9.09 Tax Residency Mismatches |
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187 | (2) |
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§9.10 Reverse Hybrid Mismatches |
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189 | (1) |
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§9.11 Transposition of ATAD 2 |
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189 | (2) |
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Chapter 10 Exit Taxes: One Size Should Not Fit All |
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191 | (36) |
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Pablo A. Hernandez Gonzalez-Barreda |
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191 | (3) |
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§10.02 Concept and Types of Exit Taxes |
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194 | (6) |
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[ A] The Concept of Exit Tax |
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194 | (3) |
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197 | (3) |
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§10.03 The Court of Justice of the European Union Case Law on Exit Taxes |
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200 | (17) |
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[ A] The Impact of Transfer of Seat Jurisprudence on Exit Taxes |
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201 | (5) |
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[ B] Proper Exit Taxes and the Court of Justice's (Negative) Legislative Role |
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206 | (1) |
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207 | (2) |
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[ 2] Rule of Reason: Justification of Exit Taxes and the Balanced Allocation of Taxing Powers |
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209 | (3) |
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[ 3] Proportionality. Deferral, Guarantee and Interests |
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212 | (5) |
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§10.04 Exit Tax and the Anti-tax Avoidance Directive |
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217 | (8) |
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[ A] Scope of Application: Transactions Included and Excluded from the Directive Exit Tax |
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217 | (1) |
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[ 1] Scope of Application |
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217 | (1) |
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[ 2] Transactions Covered by the Exit Tax |
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218 | (1) |
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[ B] Deferral in Instalments, Guarantees and Interests |
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219 | (3) |
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[ C] Valuation and Step-Up |
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222 | (2) |
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224 | (1) |
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225 | (2) |
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Chapter 11 The Switch-Over Clause in the 2016 Proposal for an Anti-tax Avoidance Directive |
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227 | (18) |
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Felix Daniel Martinez Laguna |
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Felix Alberto Vega Borrego |
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227 | (2) |
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§11.02 Switch-Over Clauses, Subject-to-Tax Clauses and Exclusion Clauses |
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229 | (7) |
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229 | (1) |
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[ B] Switch-Over and Subject-to-Tax Clauses |
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230 | (3) |
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233 | (3) |
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[ D] Some Preliminary Conclusions |
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236 | (1) |
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§11.03 The Switch-Over Clause in the ATAD Proposal |
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236 | (4) |
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§11.04 Other Issues Regarding the Switch-Over Clause |
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240 | (3) |
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243 | (2) |
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Part III Administrative Cooperation in Tax Matters: A Need for a Full Applicability of European Freedoms and a Guarantee to Tax Effectiveness |
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245 | (146) |
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Chapter 12 Administrative Cooperation in the Recovery of Claims: Directive 2010/24/EU -- A Spanish Approach |
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247 | (32) |
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247 | (2) |
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§12.02 Scope of the Directive |
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249 | (3) |
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249 | (1) |
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[ B] To Whom the Directive Applies |
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250 | (1) |
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250 | (2) |
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252 | (1) |
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§12.03 Mutual Assistance Arrangements for the Recovery of Claims |
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252 | (27) |
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253 | (1) |
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[ 1] Standard Forms and Means of Communication |
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253 | (1) |
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254 | (1) |
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[ 3] Disclosure of Information |
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255 | (2) |
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[ 4] Refusal to Handle a Request |
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257 | (1) |
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[ B] Assistance for Obtaining Information |
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257 | (1) |
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[ 1] Exchange of Information with Prior Request |
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257 | (2) |
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[ 2] Spontaneous Exchange of Information or Exchange of Information Without Prior Request |
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259 | (1) |
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[ 3] Presence and Participation in Acts of Assistance |
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259 | (2) |
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[ C] Assistance for the Notification of Documents |
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261 | (1) |
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[ 1] Requests for Notification of Documents Made by the Spanish Authorities |
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262 | (1) |
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[ 2] Requests for Notification of Documents Received by the Spanish Tax Authorities |
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263 | (1) |
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[ D] Assistance for the Recovery of Claims or the Adoption of Precautionary Measures |
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263 | (1) |
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[ 1] Commencement of the Procedure |
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263 | (3) |
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[ 2] Handling of the Procedure |
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266 | (2) |
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[ 3] Disputes During the Recovery Procedure |
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268 | (4) |
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[ 4] Termination of the Procedure |
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272 | (1) |
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[ 5] Request for Precautionary Measures |
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273 | (1) |
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[ 6] Limits to the Requested Authority's Obligations |
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274 | (1) |
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275 | (1) |
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276 | (3) |
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Chapter 13 Change of Paradigm in Administrative Cooperation Directives: Automatic Exchange of Information |
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279 | (22) |
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§13.01 First Automatic Exchange of Financial Account Information: 30 September 2017 |
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279 | (2) |
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§13.02 Key Elements of Automatic Exchange of Financial Account Information |
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281 | (10) |
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281 | (2) |
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[ B] Evolution Towards CRS |
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283 | (5) |
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288 | (1) |
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[ 1] Account Holders of Reportable Accounts |
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288 | (1) |
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[ 2] Financial Accounts and Financial Information to Be Reported |
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289 | (1) |
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[ 3] Financial Institutions and Due Diligence Procedure |
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289 | (2) |
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§13.03 Implementation of CRS Automatic Exchange of Financial Account Information |
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291 | (7) |
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[ A] Political Commitment to the New CRS AEOI Standard |
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292 | (1) |
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[ B] International and Domestic Legal Framework |
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293 | (1) |
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[ C] Confidentiality and Data Protection |
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294 | (1) |
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[ D] Identifying Interested Appropriate Partners |
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295 | (1) |
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[ E] Compliance with IT Requirements |
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295 | (2) |
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[ F] Global Forum Mandate: CRS Effective Implementation Monitoring and Technical Assistance |
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297 | (1) |
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[ 1] AEOI CRS Effective Implementation Monitoring |
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297 | (1) |
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[ 2] Technical Assistance: Developing Countries |
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297 | (1) |
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§13.04 Forthcoming Challenges |
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298 | (3) |
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Chapter 14 Amendment of Directive 2011/16/EU as Regards Mandatory Automatic Exchange of Information on Tax Rulings |
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301 | (14) |
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Ascension Maldonado Garcia-Verdugo |
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301 | (1) |
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302 | (2) |
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[ A] Model Instruction for the Spontaneous Exchange of Information on Tax Rulings (Code of Conduct on Business Taxation) |
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302 | (1) |
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[ B] Action 5 of the BEPS Project: Spontaneous EOI on Tax Rulings |
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303 | (1) |
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§14.03 Scope of the Directive |
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304 | (2) |
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[ A] Obligation to Exchange Information on Bilateral/Multilateral APAs |
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305 | (1) |
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[ B] Obligation to Exchange Information on Audit Settlements |
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306 | (1) |
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§14.04 Type of Information Exchange |
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306 | (1) |
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§14.05 Information Exchanged with Other Member States and the European Commission |
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307 | (2) |
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§14.06 Limits on Exchange |
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309 | (1) |
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§14.07 Periodicity of Exchange |
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310 | (1) |
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§14.08 Directory Where the Information Is Stored |
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310 | (1) |
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310 | (1) |
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§14.10 Transposition of the Directive into Spanish Domestic Law |
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311 | (1) |
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312 | (3) |
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[ A] Main Challenges for Tax Administrations |
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312 | (1) |
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[ B] Main Challenges for Taxpayers |
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312 | (3) |
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Chapter 15 Country by Country Reporting |
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315 | (10) |
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Maria del Mar Barreno Asensio |
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315 | (1) |
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§15.02 European Union Country by Country Reporting |
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316 | (5) |
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[ A] Information Covered by the EU CBCR |
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316 | (1) |
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317 | (1) |
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318 | (1) |
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319 | (1) |
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[ E] Directive Transposition into the Spanish Law |
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320 | (1) |
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§15.03 Public Country by Country Reporting |
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321 | (2) |
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323 | (2) |
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Chapter 16 Mandatory Disclosure Rules for Tax Planning Schemes and Automatic Exchange |
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325 | (14) |
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Jorge A. Ferreras Gutierrez |
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325 | (1) |
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§16.02 Action 12 of the BEPS Action Plan |
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326 | (3) |
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[ A] Who Is Obliged to Supply the Information |
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326 | (1) |
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[ B] Information to Be Supplied |
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327 | (1) |
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327 | (1) |
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327 | (1) |
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[ C] Timing for Providing the Information |
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328 | (1) |
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§16.03 Commission Proposal to Modify Directive 2011/16/EU in Relation to Mandatory Rules for the Exchange of Information in Tax Matters |
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329 | (1) |
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330 | (7) |
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[ A] Preliminary Recitals |
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330 | (1) |
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331 | (1) |
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[ C] Concept of Intermediary |
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332 | (1) |
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333 | (1) |
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333 | (2) |
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[ F] Content of the Information Exchanged |
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335 | (1) |
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[ G] Timing for the Application |
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336 | (1) |
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336 | (1) |
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336 | (1) |
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[ 2] Principle of Non-incrimination |
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337 | (1) |
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[ 3] Principle of Negative Silence |
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337 | (1) |
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337 | (2) |
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Chapter 17 The New Tax Dispute Resolution Mechanisms in the European Union: The `Arbitration Directive' |
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339 | (14) |
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339 | (3) |
|
§17.02 Elements of the New Procedural Framework |
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342 | (8) |
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350 | (3) |
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Chapter 18 Code of Conduct on Withholding Tax and the OECD TRACE System |
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353 | (16) |
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§18.01 Code of Conduct on Withholding Tax |
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353 | (7) |
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353 | (2) |
|
[ B] Origin and Description of the Code of Conduct |
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355 | (5) |
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360 | (1) |
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360 | (7) |
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[ A] How the TRACE AI System Works |
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362 | (1) |
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363 | (1) |
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[ 1] Benefits for Governments |
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363 | (1) |
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364 | (1) |
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365 | (1) |
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[ 2] Benefits for Investors |
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365 | (1) |
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[ 3] Benefits for Intermediaries |
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365 | (1) |
|
[ C] Why Now Is a Good Moment to Implement TRACE? |
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365 | (2) |
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367 | (2) |
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Chapter 19 Elimination of Double Taxation in the European Union: Former Article 293 TEEC, EU Competences and Controversial Aspects of the Arbitration Directive |
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369 | (22) |
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369 | (1) |
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§19.02 Elimination of Double Taxation in the European Union |
|
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370 | (7) |
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[ A] Double Taxation and Alternative Dispute Resolution: The Origins of the Arbitration Directive |
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370 | (5) |
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[ B] MAP and Arbitration: Pros and Cons |
|
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375 | (2) |
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§19.03 Controversial Aspects of the Arbitration Directive |
|
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377 | (14) |
|
[ A] Determining the Scope of the Directive |
|
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377 | (6) |
|
[ B] Interaction Between the Involved Tax Authorities and the Taxpayer |
|
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383 | (3) |
|
[ C] Interaction of the Procedures Envisaged in the Directive with Domestic Legal Procedures and Other Means of Alternative Dispute Resolution |
|
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386 | (4) |
|
[ D] How to Resolve Double Taxation: Enforcement of the Decision |
|
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390 | (1) |
|
Part IV Tax Treaties and the External Dimension of the European Union in Tax Matters |
|
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391 | (56) |
|
Chapter 20 The Recommendation on Tax Treaties and the Legal Framework of Tax Treaties Between Member States and with Third States Within EU Law |
|
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393 | (14) |
|
|
§20.01 The Role of Supranational Organizations in the Tax Affairs of the Member States: The OECD and the European Union |
|
|
393 | (2) |
|
§20.02 The Relationship Between Conventions to Avoid Double Taxation and European Law |
|
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395 | (7) |
|
[ A] Primacy of Community Law |
|
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396 | (2) |
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[ B] Double Taxation and Community Law |
|
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398 | (1) |
|
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399 | (1) |
|
[ D] Freedom of Establishment |
|
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400 | (1) |
|
[ E] Anti-abuse Provisions |
|
|
401 | (1) |
|
[ F] The ECJ's Jurisdiction over DTCs |
|
|
401 | (1) |
|
§20.03 Future of Taxation in the European Union |
|
|
402 | (5) |
|
Chapter 21 The 2016 Communication on the Strategy on External Action and the External Dimension of the EU in Tax Matters: Balancing Internal Market and Tax Sovereignty |
|
|
407 | (22) |
|
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§21.01 Introduction: External Action in the EU in Tax Matters and the New Paradigm in International Tax Relations |
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407 | (1) |
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§21.02 Legal Foundations for External Action |
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408 | (3) |
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§21.03 Tax Base Erosion and International Tax Competition with Respect to Third Countries |
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411 | (12) |
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[ A] Tax Base Erosion: Taxation Where `Value Is Generated' as a New Paradigm to Achieve a Global Level-Playing Field |
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411 | (3) |
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[ B] International Tax Avoidance Within the EU and Its Implications with Respect to Third Countries |
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414 | (3) |
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[ C] Tax Competition by Third Countries |
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417 | (1) |
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[ 1] Tax Good Governance Criteria Update |
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418 | (1) |
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[ 2] European List of Non-cooperative Countries and Sanctions |
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419 | (2) |
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421 | (2) |
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§21.04 Limits to EU External Action Against Tax Avoidance: Community Freedoms |
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423 | (4) |
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427 | (2) |
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Chapter 22 The EU List of Non-cooperative Jurisdictions for Tax Purposes Manuel Santaella Vallejo |
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429 | (18) |
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429 | (1) |
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430 | (3) |
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[ A] An EU Common Approach Regarding Non-cooperative Tax Jurisdictions: The Platform for Tax Good Governance |
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430 | (1) |
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[ B] The Pan-European List of Non-cooperative Jurisdictions of Third Countries Compiled by the European Commission from Member States' National Lists |
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431 | (2) |
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§22.03 The EU List of Non-cooperative Jurisdictions for Tax Purposes |
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433 | (10) |
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[ A] Criteria for the Preparation of the EU List of Non-cooperative Jurisdictions |
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434 | (2) |
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[ B] Process of Screening of Jurisdictions with a View to Establishing an EU List of Non-cooperative Jurisdictions for Tax Purposes |
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436 | (3) |
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[ C] The EU List of Non-cooperative Jurisdictions for Tax Purposes |
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439 | (4) |
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§22.04 Other Relevant Issues Associated with the EU List |
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443 | (4) |
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443 | (1) |
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[ B] Differences with the List of the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes: Criterion 2.2. -- Facilitation of Offshore Structures |
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444 | (2) |
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[ C] Future Considerations |
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446 | (1) |
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Part V Other European Measures to Prevent Tax Avoidance: State Aid and the Code of Conduct for Business Taxation |
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447 | (72) |
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Chapter 23 The Revision of the Code of Conduct for Business Taxation |
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449 | (18) |
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Domingo Jesus Jiminez-Valladolid de L'Hotellerie-Fallois |
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449 | (1) |
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§23.02 The Code in the Pre-BEPS Period (1998--2012) |
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450 | (9) |
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[ A] Objectives and Measures Affected by the Code |
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451 | (2) |
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[ B] Political Commitments Arising from the Code |
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453 | (1) |
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[ C] Effects of the Code in Relation to Harmful Tax Competition in the Pre-BEPS Period: An Examination of Unilateral Measures |
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454 | (3) |
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[ D] Other Results of the Code: Horizontal Measures and Relations with Third States |
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457 | (2) |
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§23.03 The Role of the Code in the Anti-tax Avoidance Action Plan in the EU |
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459 | (5) |
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[ A] The EU Anti-tax Avoidance Package and the BEPS Project |
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459 | (1) |
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[ B] Revision of the Code: New Tools for Combating Harmful Tax Competition |
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460 | (3) |
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[ C] Work Areas and Recent Results of the Code in the Post-BEPS Framework |
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463 | (1) |
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464 | (3) |
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Chapter 24 Application of the State Aid Regime to Tax Rulings |
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467 | (16) |
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Juan Salvador Pastoriza Vazquez |
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467 | (2) |
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§24.02 Preliminary Notes on the Concept of State Aid |
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469 | (2) |
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§24.03 The Concept of Selectivity in Tax Aid |
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471 | (3) |
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§24.04 Selectivity in Relation to the Tax Rulings |
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474 | (5) |
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[ A] The Example of the Decision in Apple |
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477 | (2) |
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§24.05 Implementation of BEPS in the EU |
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479 | (3) |
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482 | (1) |
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Chapter 25 The Commission's State Aid Decisions on Advance Tax Rulings: Criticisms and Potential Impact on the Future of Direct Taxation Within the European Union |
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483 | (14) |
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§25.01 Harmful Tax Competition: National and Supranational Reactions |
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483 | (3) |
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§25.02 The Commission's Recent State Aid Decisions |
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486 | (3) |
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§25.03 Requirements for State Aid Assessment |
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489 | (1) |
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§25.04 Main Criticisms Against the Commission's Decisions |
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490 | (4) |
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[ A] The Arm's Length Principle as a Counterfactual |
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490 | (3) |
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[ B] The Conflation of the Advantage and the Selectivity Requirements |
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493 | (1) |
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494 | (3) |
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Chapter 26 The Difficult Relationship Between the Fundamental Freedoms and the Nexus Approach as a Criterion for Applying Preferential Regimes Within the European Union: Special Reference to IP Boxes |
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497 | (22) |
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Maria Cruz Barreiro Carril |
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497 | (1) |
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§26.02 Problems Arising from Patent Box Regimes as Regards the Functioning of the Internal Market |
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498 | (3) |
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§26.03 Solutions Adopted Within the EU for the Problems Arising from Preferential Regimes: A Similar Path to That Taken by the OECD |
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501 | (4) |
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501 | (2) |
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[ B] The Reactivation of the Fight Against Harmful Tax Competition Created by Preferential Regimes: The Nexus Approach |
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503 | (2) |
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§26.04 Adoption of a Nexus Approach Based on Entity Instead of Jurisdiction in the Search for a Balance Between Fundamental Freedoms and the Need to Prevent BEPS in the Context of IP Boxes: Difficulties in Reconciling the Nexus Approach with the European Legal Order |
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505 | (10) |
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[ A] The Nexus Approach Based on the Entity |
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505 | (4) |
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[ B] Compatibility Problems with EU Law in the Nexus Approach Based on the Entity |
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509 | (6) |
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§26.05 The CCCTB as an Alternative to Patent Box Regimes: A Better Solution for Aggressive Tax Planning Behaviours Through IP Boxes Within the EU |
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515 | (2) |
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§26.06 Concluding Remarks |
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517 | (2) |
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Part VI The Future of European Taxation |
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519 | (82) |
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Chapter 27 Case Law of the Court of Justice of the European Union: A Reflection for the Future |
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521 | (20) |
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Elena Rodriguez Ruiz de Alda |
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521 | (1) |
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§27.02 The Court of Justice |
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522 | (5) |
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522 | (1) |
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[ B] Types of Proceedings |
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523 | (1) |
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523 | (2) |
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[ 2] Actions for Failure to Fulfil Obligations |
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525 | (2) |
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§27.03 Overall Review of Judgments |
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527 | (1) |
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§27.04 Fundamental Freedoms |
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528 | (3) |
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[ A] Free Movement of Persons (Articles 18 and 21 TFEU) |
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528 | (1) |
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[ B] Freedom of Movement for Workers (Articles 45--48 TFEU) |
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529 | (1) |
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[ C] Right of Establishment (Articles 49--55 TFEU) |
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529 | (1) |
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[ D] Freedom to Provide Services (Articles 56--62 TFEU) |
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530 | (1) |
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[ E] Free Movement of Capital (Articles 63--66 TFEU) |
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530 | (1) |
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§27.05 Overriding Reasons of Public Interest |
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531 | (3) |
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[ A] To Ensure a Balanced Allocation of the Power to Tax Between the Member States |
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531 | (1) |
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[ B] Preventing Tax Evasion and Avoidance |
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532 | (1) |
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[ C] Coherence of the National Tax System |
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532 | (1) |
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[ D] The Need to Guarantee the Effectiveness of Fiscal Supervision |
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533 | (1) |
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[ E] The Need to Ensure the Effective Collection of Taxes |
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533 | (1) |
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§27.06 Significant Preliminary Rules |
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534 | (5) |
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[ A] Anti-abuse Rules in Directives |
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534 | (1) |
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[ 1] Judgment of 8 March 2017, Euro Park Service, Case C-14/16 |
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534 | (1) |
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[ 2] Judgment of 7 September 2017, Eqiom SAS and Enka SA, Case C-6/16 |
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535 | (1) |
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[ 3] Judgment of 26 October 2017, Argenta Spaarbank NV, Case C-39/16 |
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536 | (1) |
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[ B] Administrative Cooperation |
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537 | (1) |
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[ 1] Judgment of 16 May 2017, Berlioz Investment Fund SA, Case C-682/15 |
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537 | (1) |
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538 | (1) |
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[ 1] Judgment of 14 September 2017, Trustees of the P Panayi Accumulation, Case C-646/15 |
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538 | (1) |
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539 | (2) |
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Chapter 28 Study of the Proposal for a Council Directive on a Common Corporate Tax Base |
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541 | (18) |
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541 | (1) |
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§28.02 Subject Matter, Scope and Definitions |
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542 | (1) |
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542 | (1) |
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542 | (1) |
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543 | (1) |
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§28.03 Calculation of the Tax Base |
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543 | (4) |
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543 | (1) |
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[ B] Calculation of the Tax Base |
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543 | (3) |
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[ C] Interest Limitation Rule |
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546 | (1) |
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§28.04 Timing and Quantification |
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547 | (2) |
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[ A] Temporary Allocation Rules |
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547 | (1) |
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548 | (1) |
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§28.05 Depreciation of Fixed Assets |
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549 | (1) |
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550 | (1) |
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§28.07 Rules on Entering and Leaving the System of the Tax Base |
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551 | (1) |
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§28.08 Relations Between the Taxpayer and Other Entities |
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551 | (1) |
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§28.09 Operations Between Associated Companies |
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552 | (1) |
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552 | (3) |
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553 | (1) |
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553 | (1) |
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554 | (1) |
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§28.11 Transparent Entities |
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555 | (1) |
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§28.12 Administration and Procedures |
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555 | (1) |
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555 | (1) |
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§28.14 Prospects for the Future and Some Conclusions |
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556 | (3) |
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Chapter 29 A Preliminary Assessment of the EU Proposal on Significant Digital Presence: A Brave Attempt That Requires and Deserves Further Analysis |
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559 | (42) |
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559 | (3) |
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§29.02 Policy Goals Pursued by the Proposal |
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562 | (7) |
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[ A] The Alignment Between Taxation and Value Creation |
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564 | (1) |
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[ B] The Contribution of Users to Value Creation |
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565 | (2) |
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[ C] The Challenge to Build a Proposal Based on These Parameters |
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567 | (2) |
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§29.03 The Proposed Significant Digital Presence Threshold |
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569 | (29) |
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570 | (1) |
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[ B] Supply of Digital Services |
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571 | (1) |
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[ 1] Concept of Digital Services and Requirements |
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571 | (3) |
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[ 2] Digital Services That Are Deemed to Be Covered by the Clause |
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574 | (6) |
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[ 3] Consistency with the Alleged Policy Goals |
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580 | (3) |
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[ C] Quantitative Thresholds |
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583 | (1) |
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584 | (6) |
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590 | (1) |
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[ 3] Number of Business Contracts |
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591 | (1) |
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[ 4] Consistency with the Alleged Policy Goals |
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592 | (2) |
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[ D] Attribution of Profits to the Significant Digital Presence |
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594 | (4) |
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598 | (3) |
Index |
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601 | |