The Resource Vodafone: an analysis under internationally-recognized tax principles

Vodafone: an analysis under internationally-recognized tax principles

Label
Vodafone: an analysis under internationally-recognized tax principles
Title
Vodafone: an analysis under internationally-recognized tax principles
Creator
Subject
Language
eng
Summary
The Indian Vodafone case was recently decided where the Supreme Court of India held that the sale of shares in stock of one company that was not a resident of India to another company that was not a resident of India was not subject to tax in India. The case is consistent with fundamental US and international tax principles that a company's legal status should generally be respected and that the taxation of non-residents of a given country should be limited. While these principles appear fundamental, taxing authorities often attempt to test these bounds, and the Vodafone case at first glance may give some comfort to taxpayers conducting international operations that they can structure their operations to minimize the interference of taxing authorities. However, at the time of publication of this article, the Indian Finance Minister introduced an amendment to the Income Tax Act in India that would retroactively change the Supreme Court's decision in Vodafone, with effect from 1 April 1962. It remains to be seen whether the international business community in India can breathe easy in India for future, or even past, transactions, given this indication of taxing Vodafone-type transactions. This article seeks to determine how the Vodafone case would be decided in various other jurisdictions such as the United States, Germany, Austria, the United Kingdom, as well as under the principles of the OECD. The article describes the facts of the case and gives a analysis under the forementioned law systems
Citation source
In: Intertax. - Alphen aan den Rijn. - Vol. 40 (2012),
http://library.link/vocab/creatorName
Levey, M.M.
Language note
English
http://library.link/vocab/subjectName
  • OECD
  • case law
  • share transfer
  • canons of taxation
  • tax treaty
  • international taxation principles
Label
Vodafone: an analysis under internationally-recognized tax principles
Instantiates
Publication
Label
Vodafone: an analysis under internationally-recognized tax principles
Publication

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.3736660 4.9336932
Processing Feedback ...