Questions we Can Help you to Answer
Paper Instructions:
There are 2 Topic, 3 Questions.
Max 300 words per Question hence 900 max.
Please use footnotes for each Question.
Proper Footnotes please.
I hate to see writers put footnotes just for the sake of footnotes.. i.e. only one footnotes???
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Topic 1 - International Tax Treaty System
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Important distinction between unilateral and bilateral relief from double taxation. Unilateral relief comprises provision by a state in its domestic legislation for relief from double taxation, this has limitations and in need of radical overhaul. The available models for consideration as replacements are limited.
Treaty Shopping, compliance, debt relief for underdeveloped and developing countries.Revision of the key concepts of permanent establishment and transfer pricing in a global market.
Other issues in International Tax; regulation and future developments: 'Welfare Taxation' is this a realistic prospect? The prospects for real Unitary taxation explored.
Q.1: Identify and examine the rules for interpreting tax treaties?
Q.2: Treaty shopping and institutional avoidance is inevitable. Discuss
Reading:
• Becker H. Treaty Shopping/ treaty override (1988 Bull.B.F.D. 383)
• OECD Model Treaty (revised 2000)
• OECD The Application of the OECD Model Tax Treaty to Partnerships (OECD 1999)
• Baker, P.W. An Introduction to Double Taxation Agreements 1990
• EU Convention (90/436/EEC) ‘The Arbitration Convention’ http://www.inter-lawyer.com/lex-e-scripta/articles/eu-tax-arb-conv.htm
Strengths/weaknesses: http://www.inter-lawyer.com/lex-e-scripta/articles/eu-tax-arb-conv-str-wk.htm
• IFA, UN Draft Model Tax Convention (Deventer: Kluwer 1979)
• Baker, P.W. Double Taxation Conventions & International Tax Law. Chapter 23, 29 & 30
• Baker, P.W. An Introduction to Double Taxation Agreements 1990
• OECD Model Article 23A & 23B with commentary. Also Articles 29 & 30.
• Knechtle, A. Basic problems in International Fiscal Law (HFL London 1979) Chapter 9
• The Vienna Convention on the Law of Treaties Articles 31 - 33
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Topic 2 - European Tax Integration; The model for the world?
Commitments under the founding Treaty of the EC/EEC and subsequently the EU, to which all members are required to subscribe, state that the integration of the taxation, banking and currency regulations of member states is a de facto aim and objective of the organisation. Political arguments about the "extent of integration" in these areas are irrelevant posturing.
The EU has presented a comprehensive strategy for the EU’s future taxation policy. Increased tax co-ordination would help member states meet these objectives. While a large degree of harmonisation is necessary in the VAT and excise fields of indirect tax, and co-ordination is desirable in relation to environmental and energy tax commitments, in other areas such as corporation tax and income tax, co-ordination does not imply harmonisation.
Q3: Can the ECJ provide the effective legal enforcement of harmonised tax law for the EU which the politicians have failed to deliver?
Reading:
• “Tax Competition and EU Law” Pinto (Kluwer Law 2003) Ch. 4, 5 & 6
• Marks & Spencer v Halsey (case C-446/03) ECJ
• EU Policy on Tax Integration (europa.eu.int web site)
• The EU Treaties: Rome, Maastrict, Amsterdam, Nice and Lisbon. Research the relevant areas to establish to what extent there is a commitment to a tax integration agenda. Students are also asked to research the setting up and working of the EU ‘Code of Conduct group on Business Taxation’
• The EU Convention 1990 (90/436/EEC) ‘The Arbitration Convention’
• C & E Commissioners v DFDS A/S [1997] STC 384 ECJ
• Royal Bank of Scotland v Greece (case C-311/97) ECJ
• Compagnie de Saint Gobain v Finanzamt Aachen Innenstadt (case C-307/97) ECJ
• ICI v Colmer (Case C-264/96) ECJ : (also see 1999 STC 1089)
• Minesterio Publico and others v Epson Europe BV (case C-375/98) ECJ
