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Non-discrimination and Trade in Services - The Role of Tax Treaties (Hardcover, 1st ed. 2017)
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Non-discrimination and Trade in Services - The Role of Tax Treaties (Hardcover, 1st ed. 2017)
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This book argues that the proliferation of global trade and the
increasing power of free trade arrangements leave income taxes as
one of the few remaining measures that can potentially be used for
protectionist purposes. It analyzes the interaction between the
non-discrimination principles in tax treaties and trade-related
agreements including multilateral (WTO), regional (NAFTA, AANZTA)
and bilateral free trade agreements. The absence of a
non-discrimination obligation with respect to tax measures that
apply to non-resident service providers and to non-resident
services may, therefore, significantly undermine trade obligations.
The book clearly reveals how these tax barriers to trade may
unfairly or unnecessarily restrict trade in services, and puts
forward a new, more effective non-discrimination obligation in tax
matters to be included in tax treaties, one that would more closely
parallel the non-discrimination obligations in trade agreements.
The book examines the concept of non-discrimination in tax matters
from several perspectives, specifically a North American and
Australian perspective, as well as a perspective based on EU (and
UK) law, focusing on the interaction between these legal systems,
bilateral tax treaties, regional trade agreements and, where
relevant, the General Agreement on Trade in Services (GATS). The
book explores the possibility of a reciprocal influence between tax
treaties and trade agreements, and poses the question as to whether
tax treaties might do more in providing a non-discrimination
principle in the cross-border trade in services.
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