OECD MC Convention

Canada, Direct taxation, Double Taxation, Individuals, International Tax Law, MAPs and APAs, OECD, OECD MC Convention, Personal income tax, Tax Treaties, UN Tax Convention, Unitary Taxation, United States

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

Art 23 of the OECD and UN Model treaties are seldom exactly followed in state treaty practice. More often, the basic principles of relief by credit or exemption in arts 23A and B are tailored to meet specific requirements of contracting states.  The United States is a case in point. Since it taxes its citizens…

Abuse of law, Abuse of rights, Anti-tax avoidance, Beneficial ownership, Canada, Corporate income tax, Direct taxation, Dividends, Double Taxation, income tax, International Tax Law, Loans, OECD MC Convention, Tax Avoidance, Tax haven, Tax Planning, Tax Treaties, United Kingdom, Withholding Taxes

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

The recent English Court of Appeal decision in Hargreaves Property Holdings Ltd v HMRC [2024] EWCA Civ 365 http://www.bailii.org/ew/cases/EWCA/Civ/2024/365.html  has again examined the meaning of beneficial ownership and the related expression “beneficially entitled” in UK domestic tax law. It follows shortly after the Tax Court of Canada decision in Husky Energy Energy Inc. v The…

Abuse of law, Abuse of rights, Anti-tax avoidance, Beneficial ownership, Canada, Dividends, Double Taxation, Finance, Financial transactions, GAAR, income tax, International Tax Law, Luxembourg, MLI, OECD, OECD MC Convention, Share Dealings, Tax Avoidance, Tax haven, Tax Treaties, Treaty shopping, Withholding Taxes

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

In my previous blog I examined the Tax Court of Canada’s analysis of the meaning of beneficial ownership in tax treaties in Husky Energy Inc. v The King, 2023 TCC 167 in relation to stock or securities lending. This post examines the application of the General Anti-Avoidance Rule(GAAR) in Canada to the transactions. The facts…

Corporate tax policy, Individuals, OECD MC Convention, Permanent Establishments, UAE

, (Aurifer) and (Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University)/ /Leave a comment

Corporate Taxation (CT) Federal Decree No. 47 of 2022 (UAE CT Law) Federal Tax Authority (FTA) Ministry of Finance (MoF) OECD MC Convention (OECD MC) Permanent Establishment (PE) United Arab Emirates (UAE) UN MC Convention (UN MC) 1. Introduction The United Arab Emirates (UAE) announced the introduction of a Corporate Taxation (CT) regime on 31…

Company, Corporate tax policy, OECD MC Convention, Permanent Establishments, UAE

, (Aurifer) and (Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam; Lund University)/ /2 Comments

Corporate Taxation (CT) Federal Decree No. 47 of 2022 (UAE CT Law) Federal Tax Authority (FTA) Ministry of Finance (MoF) OECD MC Convention (OECD MC) Permanent Establishment (PE) United Arab Emirates (UAE) UN MC Convention (UN MC) 1. Introduction The United Arab Emirates (UAE) announced the introduction of a Corporate Taxation (CT) regime on 31 January…