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Virtually all international taxation provisions ultimately stem from two
fundamental sources, both originating at the OECD: The Model Tax Convention
(on which more than 3,000 bilateral tax treaties are based), and the Transfer
Pricing Guidelines. During 2010, major revisions were made to both.
This is the first publication to describe and analyse these amendments in
depth. From a variety of perspectives, thirteen experts – lawyers, tax
directors, representatives of the OECD and of tax administrations, and
academics – discuss the updates and the issues that may arise regarding their
interpretation and application. The significant changes covered include: ;
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application of tax treaties to collective investment vehicles;
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application of tax treaties to state-owned entities, including sovereign
wealth funds;
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issues regarding short-term cross-border employment income;
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application of tax treaties to international telecommunication operations;
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selection of the most appropriate transfer pricing method to the circumstances
of the case;
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the transfer pricing aspects of business restructurings;
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how to apply transactional profit methods; and
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how to perform a comparability analysis.
This unique book provides an expert analysis of current, important topics in
international taxation and transfer pricing. As such, it is a welcome and
valuable resource for tax lawyers and consultants, corporate tax advisers,
government officials and others involved in the international tax law market,
as well as for academics and researchers in the field.
Preface. Part I Introduction. Chapter 1 The 2010 OECD MC
Amendments and the Revised TP Guidelines: An Overview Stef van Weeghel &
Jan Gooijer Part II The new Article 7 of the OECD MC: Attribution of
Profits to PE. Chapter 2 Article 7 – New OEVD Rules for Attributing
Profit to Permanent Establishments Mary Bennett. Chapter 3 The
2010 Eliminination of Article 7-3 (1963): Rise and Fall of an Article Hans
Pijl. Chapter 4 Attribution of Profits to PE: A Business
Perspective Johan Muller. Part III Tax Treaty Entitlement of CIVs.
Chapter 5 Charaterization and Tax Treaty Issues of Collective
Investment Vehicles: A Review of the OECD Report and the 2010 Amendments to
the Model Tax Convention Bruno da Silva. Chapter 6 Suggested
Treaty Benefits Approaches for Collective Investment Vehicles ( CIVs) and Its
Investors under the OECD MTC 2010 Update Hein Vermeulen. Chapter 7
The 2010 CIV-Report: A Comparison with the 1999 Partnership Report Ton
Stevens. Part IV Income from Employment. Chapter 8 Updates
to the Commentary on Article 15 of the OECD Model – Thoughts on the
Interpretation of the Term ‘employer’ for Treaty Purposes
Walter Andreoni. Chapter 9 Some Selected Interpretation and
Qualification Issues with Respect to Article 15(2)(b) and (c) of the OECD
Model Frank P.G. Pötgens. Part V The Revised Transfer Pricing
Guidelines. Chapter 10 The 2010 update to the OECD Transfer Pricing
Guidelines Caroline Silberztein. Chapter 11 Chapters I and III
of the 2010 OECD Guidelines: Capita Selecta Antonio Russo. Chapter 12
OECD Revision of Chapters I-III and IX of the Transfer Pricing Guidelines:
Some Comments on Hierarchy of Methods and Re-characterization of Actual
Transactions Undertaken Guglielmo Maisto. Part VI Sovereign Wealth
Funds. Chapter 13 How to Treat(y) Sovereign Wealth Funds? The
Application of Tax Treaties to State-owned Entities, including Sovereign
Wealth Funds Stijn Jansen.
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