International Taxation of Electronic Commerce Second Edition - 9041125108 - 9789041125101

International Taxation of Electronic Commerce Second Edition by

by: Richard A. Westin
January 2007, ISBN 9041125108
ISBN 13: 9789041125101
820 pp. Hardcover

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The bricks and mortar of commercial law as we know it are crumbling into dust. Electronic commerce sweeps away the very foundations of what was not so long ago our most solid, comfortable, and secure legal system. In its most advanced form e-commerce allows unidentified purchasers to pay obscure vendors, in `electronic cash,' for products that are often goods, services, and licenses all rolled into one. A payee may be no more than a computer that can take up `residence' anywhere at the drop of a hat; national boundaries are of no consequence whatsoever. Taxation authorities are understandably dismayed.

This book, now in its second edition, is a minutely detailed overview of current reality in the worldwide huddle of revenue regimes as they try to cope with the most daunting challenge they have ever had to face. It analyzes a number of fast-moving trends in the behaviors of national taxation authorities, web-based companies, VoiP, certain low-tax (or no-tax) jurisdictions, and international organizations that have significant bearing on the future development of the taxation of e-commerce. These trends include the following: how United States domestic and international tax rules are being interpreted in the effort to accommodate e-commerce;

the powerful retailers' lobby against the moratorium on U.S. state and local sales tax on Internet transactions;
how VAT rules in EU countries and other jurisdictions are being restructured to accommodate international e-commerce; new theories of income and payment characterization, and in particular the influential OECD ongoing study; and
the crucial discussion over what constitutes a `permanent establishment for tax purposes.

Chapter 1. Introduction and Background. Chapter 2. United Sates Domestic Tax Rules Applicable to Electronic Commerce. Chapter 3. United Sates Sales Taxes, Income Taxes and Federal Excise Taxes. Chapter 4. VAT and Electronic Commerce. Chapter 5. US Income Taxation of ‘Outbound’ E-Commerce. Chapter 6. The Tax Character of E-Commerce Payments. Chapter 7. United States Taxation of Inbound Electronic Commerce. Chapter 8. Value Added and Withholding Tax Rates on Dividends, Interest and Royalties.. Chapter 9. The Emergence of ‘Tax Heavens’ to Facilitate Electronic Commerce. Chapter 10. Attacking Tax Heavens: Survey of the Foreign Base Company and Other Anti-Deferral Rules. Chapter 11. International Civil and Criminal Investigatory Powers and Pertinent Federal Forms. Chapter 12. Actions of Particular Countries. Chapter 13. Institutional Thinking: United States, Australia, OECD, WTO, and European Union. Chapter 14. Predictions. Chapter 15. Canadian Taxation of Electronic Commerce. Chapter 16. Irish taxation of Electronic Commerce. Appendix A. IRS Audit Guide. Appendix B. OECD Model Draft Treaty (1963). Appendix C. IRS Forms.