| Description |
1 online resource (xxxv, 982 pages) |
| Series |
EC and International Tax Law Series ; Volume 17 |
|
EC and international tax law series ; v. 17.
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| Contents |
Cover -- Title -- Copyright -- Acknowledgements -- Foreword -- Part One: Overview of Article 5 OECD Model -- Chapter 1: The History of the Permanent Establishment Concept: Two Questions -- 1.1. Introduction -- 1.2. Was there an overriding "preparatory and auxiliary" condition underlying article 5(4) of the pre-2017 OECD and UN models? -- 1.3. What was wrong with the independent agent exception that was included in the 2001 UN Model? -- 1.4. Conclusion -- Chapter 2: Article 5 of the OECD Model: Recent Amendments and Upcoming Challenges -- 2.1. Introduction |
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2.2. Recent changes to the article 5 PE definition -- 2.2.1. Dependent agent PE -- 2.2.2. Specific activity exemptions -- 2.2.3. Contract splitting -- 2.3. Implementation via the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) -- 2.4. Challenges posed by the digitalization of the economy -- 2.4.1. The "user participation" proposal -- 2.4.2. The "marketing intangibles" proposal -- 2.4.3. The "significant economic presence" proposal -- 2.4.4. Conclusion -- Part Two: Open Issues under Pre- and Post-BEPS OECD Model: Physical PE |
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Chapter 3: Permanent Establishment: Geographic and Temporal Issues -- 3.1. Introduction -- 3.2. Physical PE -- 3.2.1. Distinct geographic location -- 3.2.2. Degree of permanence -- 3.2.3. Temporal requirement solutions -- 3.3. Agency PE -- 3.3.1. Geographic location -- 3.3.2. Temporal requirement -- 3.4. UN Model on services -- 3.4.1. Geographic location -- 3.4.2. Temporal requirement -- 3.5. UN Model on insurance enterprises -- Chapter 4: Problems of Interpretation of Article 5(3) OECD Model -- 4.1. Introduction |
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4.2. Some historical data of relevance to interpret article 5(3) OECD Model: Exception vs deeming rule and the importance of the geographical and commercial coherence tests for construction PEs -- 4.2.1. The PE concept applies per fixed place and to a stream of income and not per taxpayer -- 4.2.2. When the PE concept reduced its fixity but not the connection with a stream of income: The PE for construction works -- 4.2.3. Vagueness and asymmetries in the interpretation of article 5(3) OECD Model: A historical perspective -- 4.2.4. Article 5(3) OECD Model: A first conclusion |
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4.3. A different model: The UN version of the construction PE and its diminished importance after 2017 -- 4.4. The BEPS effect and its aftermath: The splitting up of contracts to avoid the time threshold of article 5(3) OECD Model -- 4.5. The objective scope of article 5(3) OECD Model -- 4.5.1. Introduction -- 4.5.2. What is "building, construction or installation"? -- 4.5.3. On-site planning and supervision -- 4.6. The subjective scope of article 5(3) OECD Model -- 4.6.1. Introduction -- 4.6.2. Contractors and subcontractors -- 4.6.3. Partnerships and joint ventures -- 4.6.4. Final note |
| Summary |
This book, comprising the proceedings and working documents of the annual seminar held in Milan in November 2018, is a detailed and comprehensive study on the definition of permanent establishment (PE). It begins with an overview of article 5 of the OECD Model Convention, focusing on the history of that provision and on recent amendments and upcoming challenges thereto. It next deals with the "physical" PE, examining the open issues under pre- and post- BEPS OECD Models, with a particular emphasis on (i) geographic and temporal issues, (ii) problems of interpretation of article 5(3) and (iii) the negative list and fragmentation of activities within groups of companies. The book then analyses the "agency" PE, similarly examining the open issues under pre- and post-BEPS OECD Models and, in particular, (i) the requirement of concluding contracts and playing the principal role in concluding contracts, (ii) the relevance of the conclusion of those contracts "in the name of" the foreign enterprise and (iii) the independent agent exception. Special attention is also devoted to the question whether, within the current international framework, the PE concept should be expanded, particularly with regard to the digital economy. Individual country reports provide an in-depth analysis of the domestic tax regimes and actual tax treaty application and practices by several states, namely Australia, Belgium, Brazil, China (People's Rep.), France, Germany, India, Italy, Luxembourg, the Netherlands, Norway, South Africa, Spain, Sweden, Switzerland, the United Kingdom and the United States. This book presents a unique and detailed examination of the PE definition in an international context and is therefore an essential reference source for international tax students, practitioners and academics |
| Bibliography |
Includes bibliographical references |
| Notes |
Print version record |
| Subject |
Double taxation -- Treaties.
|
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International business enterprises -- Taxation -- Law and legislation.
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Double taxation
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International business enterprises -- Taxation -- Law and legislation
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| Genre/Form |
Treaties
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| Form |
Electronic book
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| Author |
Maisto, Guglielmo, editor
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| ISBN |
9789087225537 |
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9087225539 |
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