Institutional hybrid financial instruments and double non-taxation under domestic rules and tax treaty law : the example of Spain

Resource Information

The work Institutional hybrid financial instruments and double non-taxation under domestic rules and tax treaty law : the example of Spain represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Institutional hybrid financial instruments and double non-taxation under domestic rules and tax treaty law : the example of Spain

Creator

• Martínez Laguna, F.D

Subject

• case law
• double non-taxation
• exemption method
• Parent-Subsidiary Directive
• linking rules
• qualification conflict
• tax treaty
• hybrid financial instrument

Language

eng

Summary

Attention has been paid to double non-taxation resulting from contractual hybrid financial instruments, which are instruments that share debt and equity features. This article focuses on a specific Institutional Hybrid Financial Instrument instead. Institutional Hybrid Financial Instruments are equity instruments that could equally lead to conflicts of qualification and double non-taxation considering the deductibility from a tax perspective according to a tax policy decision. The analysis deals with the application of the Spanish exemption method to Brazilian Juros sobre o Capital Próprio from a domestic law and tax treaty perspective. Moreover, the implementation of linking rules and its implications regarding hybrid financial instruments are also considered

Citation source

In: Intertax. - Alphen aan den Rijn. - Vol. 44 (2016), no. 6&7 ; p. 447-462

Geographic coverage

• European Union
• Europe

Language note

English