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Table of Contents
Intro
Acknowledgements
Contents
Abbreviations
1 Introduction
1.1 Research Background
1.1.1 Subsidy Rules of the WTO
1.1.2 Tax Incentives as Subsidies
1.1.3 EU State Aid Law
1.1.4 Chinese Tax Incentives and the WTO
1.1.5 The Evolution of Chinese Tax Incentives
1.2 State of the Art
1.3 Research Questions and Methodology
1.3.1 Main Research Questions
1.3.2 Sub-questions
1.3.3 Methodology
1.4 Limitations
1.5 Relevance of the Research
1.6 Structure of the Research
References
2 Overview of Tax Incentives as Subsidies in the Context of International Trade and Competition: Rationale for Granting and Regulating Tax Incentives
2.1 Introduction
2.2 Overview of Subsidies
2.2.1 Premise
2.2.2 Concept of Subsidies
2.3 Tax Incentives as Subsidies
2.3.1 Concept of Tax Incentives
2.3.2 Tax Incentives as Subsidies
2.3.3 Tax Incentives and Tax Expenditures
2.3.4 Tax Incentives as a Method of Tax Competition
2.4 Rationale for Granting Tax Incentives as Subsidies
2.4.1 Efficiency Rationale
2.4.2 Equity Rationale
2.4.3 Sound Tax Competition
2.5 Rationale for Regulating Tax Incentives as Subsidies
2.5.1 Efficiency Rationale
2.5.2 Equity Rationale
2.5.3 Harmful Tax Competition
2.6 Matrix: Comparing the Rationale for Granting and Regulating Tax Incentives
2.7 International Legal Regulation of Tax Incentives
2.7.1 Benchmarks for Regulation: Efficiency and Equity
2.7.2 Regulating the Harmful Effects of Tax Incentives
2.7.3 Legal Regulation Based on the Rule of Law
2.7.4 International Regulation
2.8 Conclusion
References
3 Subsidy Rules of the WTO and State Aid Law in the EU
3.1 Introduction
3.2 External Benchmark: Based on the Common Object and Purpose of the WTO's Subsidy Rules and EU State Aid
3.2.1 Introduction
3.2.2 The WTO Regulation of Subsidies
3.2.3 The European Union's Regulation of State Aid
3.2.4 External Benchmark: The Creation of a Level Playing Field Based on the Common Object and Purpose of the WTO and the EU
3.2.5 Conclusion
3.3 Overview of the Agreement on Subsidies and Countervailing Measures (the ASCM)
3.3.1 Definition of Subsidies
3.3.2 Classification of Subsidies
3.3.3 Remedies
3.3.4 The Impact of the ASCM on Taxation
3.3.5 The Application of the ASCM to Tax Incentives
3.3.6 Conclusion
3.4 Overview on the EU State Aid Law
3.4.1 The Concept of State Aid
3.4.2 Compatible State Aid
3.4.3 Controlling Procedure of State Aid
3.4.4 The Application of the EU State Aid Law to Tax Incentives
3.4.5 Conclusion
3.5 Comparison of Subsidy Rules in the WTO and EU State Aid Law
3.5.1 Preliminary Remarks
3.5.2 Matrix of the Comparison
3.5.3 Reasons for Differences
3.6 Conclusion
References
4 The Internal Benchmark and Chinese Tax Incentives
4.1 Introduction
4.2 Chinese Taxation from 1949 to 1978
Acknowledgements
Contents
Abbreviations
1 Introduction
1.1 Research Background
1.1.1 Subsidy Rules of the WTO
1.1.2 Tax Incentives as Subsidies
1.1.3 EU State Aid Law
1.1.4 Chinese Tax Incentives and the WTO
1.1.5 The Evolution of Chinese Tax Incentives
1.2 State of the Art
1.3 Research Questions and Methodology
1.3.1 Main Research Questions
1.3.2 Sub-questions
1.3.3 Methodology
1.4 Limitations
1.5 Relevance of the Research
1.6 Structure of the Research
References
2 Overview of Tax Incentives as Subsidies in the Context of International Trade and Competition: Rationale for Granting and Regulating Tax Incentives
2.1 Introduction
2.2 Overview of Subsidies
2.2.1 Premise
2.2.2 Concept of Subsidies
2.3 Tax Incentives as Subsidies
2.3.1 Concept of Tax Incentives
2.3.2 Tax Incentives as Subsidies
2.3.3 Tax Incentives and Tax Expenditures
2.3.4 Tax Incentives as a Method of Tax Competition
2.4 Rationale for Granting Tax Incentives as Subsidies
2.4.1 Efficiency Rationale
2.4.2 Equity Rationale
2.4.3 Sound Tax Competition
2.5 Rationale for Regulating Tax Incentives as Subsidies
2.5.1 Efficiency Rationale
2.5.2 Equity Rationale
2.5.3 Harmful Tax Competition
2.6 Matrix: Comparing the Rationale for Granting and Regulating Tax Incentives
2.7 International Legal Regulation of Tax Incentives
2.7.1 Benchmarks for Regulation: Efficiency and Equity
2.7.2 Regulating the Harmful Effects of Tax Incentives
2.7.3 Legal Regulation Based on the Rule of Law
2.7.4 International Regulation
2.8 Conclusion
References
3 Subsidy Rules of the WTO and State Aid Law in the EU
3.1 Introduction
3.2 External Benchmark: Based on the Common Object and Purpose of the WTO's Subsidy Rules and EU State Aid
3.2.1 Introduction
3.2.2 The WTO Regulation of Subsidies
3.2.3 The European Union's Regulation of State Aid
3.2.4 External Benchmark: The Creation of a Level Playing Field Based on the Common Object and Purpose of the WTO and the EU
3.2.5 Conclusion
3.3 Overview of the Agreement on Subsidies and Countervailing Measures (the ASCM)
3.3.1 Definition of Subsidies
3.3.2 Classification of Subsidies
3.3.3 Remedies
3.3.4 The Impact of the ASCM on Taxation
3.3.5 The Application of the ASCM to Tax Incentives
3.3.6 Conclusion
3.4 Overview on the EU State Aid Law
3.4.1 The Concept of State Aid
3.4.2 Compatible State Aid
3.4.3 Controlling Procedure of State Aid
3.4.4 The Application of the EU State Aid Law to Tax Incentives
3.4.5 Conclusion
3.5 Comparison of Subsidy Rules in the WTO and EU State Aid Law
3.5.1 Preliminary Remarks
3.5.2 Matrix of the Comparison
3.5.3 Reasons for Differences
3.6 Conclusion
References
4 The Internal Benchmark and Chinese Tax Incentives
4.1 Introduction
4.2 Chinese Taxation from 1949 to 1978