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03219aam a2200313Ii 4500 001 1038D5EE71B711EB8A4F4B2E3BECA4DB 003 SILO 005 20210218010021 008 201015s2020 ne b 000 0 eng d 020 $a 9087226322 020 $a 9789087226329 035 $a (OCoLC)1200306644 040 $a YDX $b eng $e rda $c YDX $d QGE $d SILO 100 1 $a Scherleitner, Moritz. $e author. 245 10 $a Addressing tax arbitrage with hybrid financial instruments : $b a multidisciplinary study and proposal for developed and developing countries / $c Moritz Scherleitner. 264 1 $a Amsterdam : $b IBFD, $c [2020] 300 $a xviii, 597 pages ; $c 24 cm. 490 1 $a IBFD doctoral series, $x 1570-7164 ; $v volume 54. 500 $a Originally presented as the author's thesis (doctoral)--University of Helsinki, 2019. 500 $a Thesis submitted to the University of Helsinki in fulfilment of the requirements for the degree of Doctor of Law, 2019. 520 8 $a "This book analyses legislative action against tax arbitrage with hybrid financial instruments (HFIs) from a multidisciplinary perspective. It begins by investigating the non-legal problems of the legal phenomenon of tax arbitrage with HFIs, which should display the concerns caused by (uncombated) tax arbitrage with HFIs. The author works out three concerns from an inter-taxpayer equity perspective, three from an inter-nation equity perspective and three from an efficiency perspective. Four approaches against tax arbitrage with HFIs are then analysed. These are the OECD approach, the low-tax approach, the UN approach and the recharacterization approach. The focus is on tax arbitrage transactions with HFIs that rely on a qualification conflict and substitute transactions with financial instruments that reach the same or a similar result. The approaches under analysis are assessed in view of their potential to overcome the predefined non-legal problems. Aside from this, additional considerations regarding inter-taxpayer equity, inter-nation equity and efficiency are provided. The study also takes into account the administrability of an approach and elaborates on legal dogmatic questions. Having conducted an analysis of the four approaches, the author provides his own solutions. He does not propose a new approach; rather, building on the prior discussions, he aims to advise tax policymakers on what action can possibly - and sensibly - be taken. In doing so, tax policymakers in three different situations are addressed: (i) those who already decided to combat tax arbitrage with HFIs through BEPS Action 2; (ii) those who are considering combating tax arbitrage with HFIs by means of targeted (and potentially simpler) linking rules; and (iii) those who do not intend to combat tax arbitrage with HFIs through targeted rules." 504 $a Includes bibliographical references. 650 0 $a Taxation $x Law and legislation. 650 0 $a Taxation $x International cooperation. 710 2 $a International Bureau of Fiscal Documentation. 830 0 $a Doctoral series ; $v v. 54. $x 1570-7164 941 $a 1 952 $l OVUX522 $d 20220526015601.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=1038D5EE71B711EB8A4F4B2E3BECA4DBInitiate Another SILO Locator Search