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This book provides a concise, practical guide to the European
Union's Anti-Tax Avoidance Directive (ATAD). Presenting unique
insights into the ATAD's five specific anti-avoidance rules, its
chapters explain the background of those rules, the directive's
interactions with relevant jurisprudence, and the challenges posed
to the ATAD's interpretation and implementation in domestic law.
Key features include: critical, article-by-article analysis of the
ATAD contextual information on the legislative environment in which
the ATAD operates, embedding it in the wider landscape of CJEU
jurisprudence insights into the day-to-day application of the ATAD
rules in practice contributions from leading academics and
practitioners in the field of tax law examples of the challenges to
the interpretation and implementation of ATAD, taken from a range
of EU Member States. European and international tax advisors, along
with policy makers in the field of tax law, will find this book to
be a comprehensive yet accessible guide to the ATAD and its correct
application. Those who carry out research in European tax law can
also benefit from this book's critical approach to the ATAD and the
questions that surround anti-tax avoidance legislation in the
European Union. Contributors include: D. Gutmann, W. Haslehner, R.
Ismer, B. Kuzniacki, K. Pantazatou, L. Parada, I. Richelle, A.
Rust, P. Schwarz, K. Spies, B. van Raaij, F. Vanistendael
Arbitration has been promoted as the future of tax dispute
resolution in recent years in line with the increase in complexity
of international tax law. This authoritative book presents existing
legal rules on the matter, provides a review of the arguments in
favour of tax arbitration, discusses the practical and legal
challenges for its wide-spread adoption and compatibility with
existing domestic and international norms. It also answers key
questions for the practical implementation of a modern tax
arbitration system. Key Features: Comprehensive analysis of the
existing tax treaty framework and their application to MAP and
arbitration Up-to-date guidance on the best practices in
alternative dispute resolution to ensure effective and efficient
dispute resolution Original insights from dispute resolution
mechanisms found in non-tax areas such as trade and investment law
In-depth discussion of primary and secondary EU law rules on tax
dispute resolution, including implications of EU general
principles, fundamental rights and internal market rules
Identifying some of the new issues in tax arbitration and offering
views on how to tackle them in the most appropriate way, this book
will be a key resource for tax law practitioners looking for the
latest insights on how to navigate the legal framework for
alternative tax dispute resolution. Students and academics focusing
on commercial and tax law will also benefit from this detailed
guide.
International Tax Law is at a turning point. Increased tax
transparency, the tackling of Base Erosion and Profit Shifting
(BEPS), the reconstruction of the network of bilateral tax
treaties, the renewed discussion about a fair and efficient
allocation of taxing rights between States in a global, digitalized
economy, and the bold push for minimum corporate taxation are some
expressions of this shift. This new era also demonstrates the
increased influence of international standard setters such as the
OECD, the UN, and the EU. Each of these developments alone has the
potential of being disruptive to the traditional world of
international tax law, but together they have the potential to
reshape the international tax system. The Oxford Handbook of
International Tax Law provides a comprehensive exploration of these
key issues which will shape the future of tax law. Divided into
eight parts, this handbook traces the history of international tax
law from its earliest days until the present, including reflections
on the developments that have characterized the last one hundred
years. The second section places tax law within the broader
international context considering how it relates to public and
private international law, as well as corporate, trade, and
criminal law. Sections three and four consider key legal principles
and issues such as regional tax treaty models, OECD dispute
resolution, and transfer pricing versus formulary apportionment.
Subsequent analysis places these issues within their European and
cross-border contexts providing an assessment of the role of the
ECJ, state aid, and cross-border VAT. Section seven broadens the
scope of this analysis, asking how trends in recent major economies
and regions have helped shape the current outlook. The final
section considers emerging issues and the future of international
tax law. With over sixty authors from 28 different countries, the
Oxford Handbook of International Tax Law is an invaluable resource
for scholars, academics, and practitioners alike.
This handbook is a concise guide for all those who aim at obtaining
a basic knowledge of European tax law. Designed for students, it
should also be useful for experienced international tax specialists
with little knowledge of European law, European law specialists who
are reluctant to approach the technicalities of direct taxation and
non-Europeans who deal with Europe for business or academic reasons
and need to understand the foundations of European tax law. This
book should also help academics without a legal background to
approach the technical issues raised by European Union tax law.
This edition contains selected relevant information available as of
30 June 2022. It retains all of the features and tools contained in
the previous editions (including the final charts, which our
readers very much appreciate). In this edition we have also
included a list of relevant documents and a selection of reference
textbooks on European tax law in five languages, which we found of
potential interest to our readers.
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