Double non-taxation

Abuse of law, Anti-tax avoidance, Double non-taxation, Double Taxation, International Tax Law, Mauritius, MLI, Netherlands, OECD, Principal purpose test, Tax Avoidance, Tax Planning, Tax Treaties, Treaty shopping, United Kingdom

(Temple Tax Chambers; King’s College London)/ /Leave a comment

In last month’s blog I promised to address the treaty aspects of  Davies and Others v HMRC [2020] UKUT 67 (TCC). The case concerned UK resident individuals who each took out a life insurance policy with a Bermuda insurer under which their entitlements were linked to a Mauritian company that developed land in the UK….

Abuse of law, Anti-tax avoidance, BEPS, Double non-taxation, Double Taxation, International Tax Law, MLI, OECD, Principal purpose test, Residence, Substance, Tax Avoidance, Tax Planning, Tax Treaties, Treaty shopping, Uncategorized, United Nations

(Temple Tax Chambers; King’s College London)/ /1 Comment

The Canadian Federal Court of Appeal has upheld the Tax Court of Canada decision in Canada v. Alta Energy Luxembourg S.A.R.L., 2020 FCA 43 (CanLII).   The case is of some significance because the Canadian Revenue Agency (“CRA”) sought to apply the Canadian domestic general anti-avoidance rule (GAAR) in order to deny treaty relief. The…

Double non-taxation, EU law, EU/EEA, Hybrids, OECD

(Universidad Autónoma de Madrid)/ /Leave a comment

May linking rules related to hybrid financial instruments be incompatible with the EU Fundamental freedoms? And with Article 24 (4) OECD MC? What about treaty override? It is no secret that hybrid financial instruments (HFIs) serve actual business and legal purposes by allowing investors and issuers to better meet their economic and legal needs from…