The Resource Dual residence of companies under tax treaties

Dual residence of companies under tax treaties

Label
Dual residence of companies under tax treaties
Title
Dual residence of companies under tax treaties
Creator
Subject
Language
eng
Summary
This article provides critical reflections on the 2017 revision of article 4(3) of the OECD Model Convention and its Commentary regarding dual residence of persons other than individuals. These changes and their implementation warrant an assessment of their desirability, including an in-depth review of their impact on other provisions of the OECD Model, as well as the (re)consideration of alternative mechanisms to resolve dual-residence situations. In the light of the above, this article provides a comprehensive analysis of the evolution of rules governing dual residence of companies formed by incorporation and addresses, from a policy as well as a legal perspective, the main criticalities associated with the above-mentioned revisions, most notably the overarching legal uncertainty that such amendments may generate, the potential instances of international double taxation that may arise therefrom and the excessive discretion with which competent authorities would be entrusted in dealing with the matter, a circumstance against which taxpayers may be left with very limited judicial remedies
Citation source
In: International Tax Studies (ITAXS). - Amsterdam. - Vol. 1 (2018), no. 1 ; 84 p
http://library.link/vocab/creatorName
  • Maisto, G
  • Austry, S
  • Avery Jones, J.F
  • Baker, P
  • Blessing, P.H
  • Danon, R.J
  • Goradia, S
  • Hattingh, P.J
  • Inoue, K
  • Lüdicke, J. (Jürgen)
  • Miyatake, T
  • Nikolakakis, A
  • Pötgens, F.P.G
  • Raad, C. van
  • Vann, R.J
  • Wiman, B
Geographic coverage
International
Language note
English
http://library.link/vocab/subjectName
  • OECD Model
  • dual residence
  • tax treaty
  • place of effective management
  • MAP
  • EU law
  • arbitration
  • non-discrimination
  • MLI
  • case law
Label
Dual residence of companies under tax treaties
Instantiates
Publication
Label
Dual residence of companies under tax treaties
Publication

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.37366609999999 4.9336932
Processing Feedback ...