The Locator -- [(subject = "Double taxation--OECD countries--Treaties")]

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Author:
Jain, Saurabh. http://id.loc.gov/authorities/names/n2013049655
Title:
Effectiveness of the beneficial ownership test in conduit company cases / Saurabh Jain.
Publisher:
IBFD,
Copyright Date:
2013
Description:
xiv, 232 pages ; 23 cm
Subject:
Double taxation.
Double taxation--OECD countries--Treaties.
International business enterprises--Law and legislation.--Law and legislation.
Notes:
Includes bibliographical references (pages 217-231).
Summary:
Since the introduction of the term "beneficial owner" to the OECD Model Tax Convention in 1977, courts and the OECD have struggled to interpret the term, and to use it as a test for deciding conduit company cases. If applied in a formal legalistic sense, the beneficial ownership test has no effect on conduit companies because companies are legal persons that, in law, own both their assets and their income beneficially. By contrast, in a substantive sense, a company can never own anything because economically a company is no more than a matrix of arrangements that represents individuals who act through it. Faced with these opposing considerations, courts and the OECD have adopted surrogate tests for the beneficial ownership test. These tests, however, were originally meant to counter different kinds of tax planning strategies. They did not indicate the presence of beneficial ownership. Therefore, they are inappropriate for determining the correct tax treatment of passive income derived by conduit companies.
ISBN:
9087221754
9789087221751
9087221746
9789087221744
OCLC:
(OCoLC)844731491
LCCN:
2013380277
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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