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This authoritative book provides a structural, global view of
evolving judicial and doctrinal trends in the understanding of
beneficial ownership in international taxation. Despite attempts by
the OECD to clarify the concept, it remains ambiguous to tax
authorities, courts and scholars alike, which has detrimental
effects on the functioning of tax treaties. Blazej Kuzniacki
presents a route towards an international autonomous meaning of
beneficial ownership in international taxation, while also offering
a comprehensive explanation of the divergent understandings and tax
policy arguments underpinning its continuing ambiguity. Key
Features: Guidance towards solving definitional disputes between
taxpayers and tax authorities Discussion of ground-breaking
judgments in cases on beneficial ownership from various
jurisdictions across the world Comprehensive reflection of tax law
in action, particularly in respect of outbound investments that
trigger transborder payments of dividends, interest and royalties
Clear demarcation between appropriate and inappropriate usage of
beneficial ownership by authorities and courts when addressing the
issue of abuse of tax treaties and EU Directives Beneficial
Ownership in International Taxation will be a crucial resource for
lawyers specialising in international taxation, tax practitioners
and accountants, along with officials at tax authorities and judges
hearing cases in this area. It will also be useful for policy
makers working on cross-border taxation, and scholars and students
researching international tax law.
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