In accordance with Article 22 of its 1996 Model Treaty, most double taxation
conventions entered into by the United States contain a number of rules called
limitation on benefits clauses, the purpose of which is to prevent the
application of the benefits of the treaties to treaty shopping structures.
Following the changes in the Commentaries on Article 1 of the OECD Model Tax
Convention in 2003, a number of clauses similar to those provided in the
United States Model Treaty have been included.
In this study, the legal framework and application of these rules is analysed
in depth, and particularly, taking into account those rules included in the
double taxation conventions concluded between the United States and European
Union member states. In this respect, the compatibility of these rules with
European Community Law is also analysed in the last chapter.
This study is based on the authors doctoral thesis, which was awarded the
prize for the best doctoral thesis on financial and tax law by the Spanish
Instituto de Estudios Fiscales (Ministerio de Economia y Hacienda) in 2002.
Foreword. Authors Note. List of Abbreviations. Introduction. Chapter 1.
Taxation of Non-Residents and International Tax Planning Through DTC.
Chapter 2. Subjective Scope of Double Taxation Conventions and Limitation
on Benefits Clauses. Chapter 3. Legal Framework and Application of
Limitation on Benefit Clauses. Chapter 4. Limitation on Benefit Clauses
and EC Law. Bibliography. Index.