In return for the outstanding service rendered over many years by Frans
Vanistendael, forty-five of the world’s notable taxation experts have prepared
a festschrift in his honour. As scholar, teacher, advisor, and administrator,
Professor Vanistendael (now emeritus) has played a role of great importance in
the growth of our knowledge of taxation, and particularly in the development
of EC taxation law.
Although discussion of the vital issues clustered around European taxation
predominate in these thousand pages, many of the essays deal incisively with
other areas of the field where Professor Vanistendael has left his mark, such
as international tax systems, VAT theory, and cross-border tax arrangements.
The authors include scholars, jurists, and leading taxation officials from a
number of jurisdictions and international organisations, all of whom share
gladly in this incomparable publishing venture. Their offering is a true
tribute.
In building on the foundations laid by Professor Vanistendael’s many insights,
these essays manifest the breadth of his scholarship and the depth of his
commitment to the advancement of his chosen field. The result is a book that
not only offers a stimulating, in-depth and useful insight into the many
complexities, intricacies, and critical issues of taxation in today’s world,
but also opens the way for further elaborations of Frans Vanistendael’s signal
achievements
Fifty Years of European Co-operation and the Tax Policy of the European
Commission Henk P.A.M. van Arendonk L’e´volution de la fiscalite´ en
Europe sous l’impulsion de la Commission: 50 ans du traite´ de Rome
Michel Aujean Current Developments in Procedures for the Resolution of
International Tax Disputes Hugh J. Ault Impact of the Preventive and
Repressive Policies of Money Laundering in Tax Matters Jacques Autenne and
Gauthier Parisis Categorising Income for the OECD Model 93 John Avery
Jones The Belgian Rule against Abusive Practices in VAT Matters Luc De
Broe Le chant du cygne de la retenue a` la source sur les dividends au
sein de l’Union europe´enne? Christian Che´ruy The
Discrete Charm of the VAT Graeme Cooper German ‘Anti-avoidance’ Measures
versus Belgian Coordination Centres: A Long Struggle without Survivors?
Axel Cordewener The Concept, History and Significance of European Tax Law
(Private) Stefean Van Crombrugge Income not Otherwise Charged ¼
International and Community Taxation Problems: A Comparative Study of France,
Germany and UK: Art. 21 OECD 259 Cyrille David From Global Tax Policy
to Global Taxation: The Case of the Global Currency Transaction Tax Lieven
A. Denys Abuse of Law: What Is the Value Added of the Tax Dimension?
Vanessa Edwards and Paul Farmer The Precious Relationship between IAS/IFRS
and CCCTB Peter Essers A Force of the European Constitution beyond its
Formal Adoption: From Non-Discrimination Towards a Tax Equality Principle
Augusto Fantozzi Cross-Border Dividend Taxation: Testing the Belgian Rules
against the ECJ Case Law (or Testing the ECJ Case law against the Belgian
Rules) Daniel Garabedian and Jacques Malherbe Is It Possible to Set a
Coherent System of Rules on Direct Taxation under EC Law Requirements? F.
Alfredo Garcı´a Prats Taxes as a Tool for Development: Improving
Social, Economic and Territorial Cohesion Marı´a Amparo Grau Ruiz
Treaties, Rules and Regulations: Some U.S. Perspectives on International Tax
Cooperation Charles H. Gustafson Some Theoretical Thoughts on Judicial
Power and Tax Law, with a Particular Focus on the ECJ Daniel Gutmann
Taxation of Cross-Border Mergers in Belgium Axel Haelterman The
International, European and Pluralistic Perspectives of Transfer Pricing
Taxation Luc Hinnekens New Tax Treaty between Belgium and the United
States: Additional Step Relating to the Application of the OECD Report on
Partnerships in Belgian Tax Law Philippe Hinnekens The Internal Market
Approach Should Prevail over the Single Country Approach Eric C.C.M.
Kemmeren Past and Future of the 40-Year-Old EU VAT Han Kogels
Wholly Artificial Arrangements Michael Lang and Sabine Heidenbauer
‘United in Diversity’-also In Fiscalibus? Koen Lenaerts The
European Court of Justice and Domestic Law of Tax Procedure: A Critical
Analysis Guglielmo Maisto A Comparison of the Treaty Freedoms in the EC
Treaty with Respect to Direct Taxation Gerard Meussen Will Case Law Do?
Leif Mute´n On Anti-Discrimination Provisions and Permanent Establishments in
‘Bilateral Triangular Situations’ Bernard Peeters The
Protection of the Right to Property in Article 1 of the First Protocol to the
European Human Rights Convention Limiting the Fiscal Power of States Bruno
Peeters Taxation of Non-Resident Taxpayers (Portugal) Manuel Pires
European Direct Tax Law: Quo Vadis? Pasquale Pistone Application of Tax
Treaties to Items of Income that Are Covered by More Than One Distributive
Provision Kees van Raad Liber Amicorum Frans Vanistendael: German
Experience with Apportioning Taxes Albert J. Radler Intangible Assets
and Transfer Pricing Tulio Rosembuj Member States Tax Sovereignty: Between the
Principle of Subsidiarity and the Necessity of Supranational Coordination
Claudio Sacchetto Losing Out at the Snooker Table: Cross-Border Loss
Compensation for PEs and the Fundamental Freedoms Wolfgang Schon
‘Lifting the Veil’ Doctrine (Recent Developments in Spanish Tax Law)
Marıa Teresa Soler Roch Tailor-Made Legislation L.G.M. Stevens La
TVA et l’utilisation prive´e de biens d’entreprise Luk
Vandenberghe International Tax and International Trade Policy Objectives
Jeff Waincymer Tax Sovereignty of the Member States and the European Court
of Justice: New Trends or Confirmation? Melchior Wathelet Use It or
Lose It Peter J. Wattel Cross-Border Losses: From Ritter-Coulais via
Renneberg back to Futura Participations? Dennis Weber The Tie-Breaker
Revisited: Towards a Formal Criterion? Stef van Weeghel Cross-Border
Loss Relief in Europe – The Case of Group Contributions Bertil Wiman
An International Lawyer’s Perspective on the ECJ’s Case Law Concerning the
OECD Model Tax Convention and its Commentaries Jan Wouters and Maarten Vidal