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Table of Contents
Cover
Title
Copyright
Foreword
Chapter 1: Public International Law and Taxation: Nexus and Territoriality
1.1. Introduction
1.2. New concepts in international tax law
1.2.1. The concepts of single or full taxation
1.2.2. The concept of minimum taxation
1.3. Nexus/genuine link
1.3.1. Nexus and its different requirements, depending on the type of jurisdiction
1.3.1.1. Stricter requirements for enforcement
1.3.1.2. What is "enforcement"?
1.3.1.3. The rule against foreign revenue enforcement
1.3.2. Nexus and its different requirements, depending on the type of tax (and taxpayer)
1.3.3. The new territoriality
1.3.3.1. Territorial or extra-territorial
1.3.3.2. Market jurisdiction as a new nexus
1.3.3.3. New hybrid taxes enhancing market jurisdiction
1.4. Conclusions
Chapter 2: The Market as a Tax Nexus: The Old, the New and the Unknown
2.1. Introduction
2.2. The "Old": Market-Based Approach to Nexus in the Pre-BEPS Era
2.2.1. Can the "market state" actually be a "source state"?
2.2.2. The benefits principle and the market
2.2.3. A view of the PE nexus in light of the supply-demand approach
2.2.4. Further examples of market-based source rules in tax treaties and domestic law
2.3. The "New": BEPS 2.0 and the Creation of a Taxing Right in the Market
2.3.1. BEPS 1.0 and the slow recognition of the role of the market
2.3.2. The market under Pillar One of BEPS 2.0
2.3.3. Developing countries' response: Article 12B of the UN Model
2.4. Conclusions
Chapter 3: Fundamental Tax Principles and the Role of Market States in the Digitalized Economy: Pillar One Proposal
3.1. Introduction
3.2. Setting the scene: Tax jurisdiction in the age of globalization and digitalization
3.3. Analytical framework of fair and efficient taxation.
3.4. Content analysis of the OECD Blueprint and the impact of the October 2021 agreement and the Draft Model Rules
3.4.1. Analysis
3.4.1.1. Scope
3.4.1.2. Nexus
3.4.1.3. Revenue-sourcing rules
3.4.1.4. Tax base determinations
3.4.1.5. Profit allocation
3.4.1.6. Elimination of double taxation
3.4.2. Evaluation
3.5. Conclusions
Chapter 4: Nexus for Transfer Pricing Purposes Before and After BEPS 2.0: From Form to Substance, and Back to Form?
4.1. Nexus for transfer pricing purposes before the Pillar One reform
4.2. Nexus for transfer pricing purposes with the Pillar One reform
Chapter 5: Innovation and Taxation: A Fundamental Approach to Nexus in BEPS Actions 1 and 5
5.1. Introduction
5.2. Innovation
5.2.1. The theory of innovation
5.2.2. Conflicting interests and economic growth
5.2.3. Innovation and market failure
5.3. Innovation and EU tax policy
5.4. BEPS Action 5
5.4.1. The nexus requirement
5.4.2. Nexus as a reaction to profit shifting strategies through patent boxes
5.4.3. Nexus, trust and innovation policy
5.4.4. Nexus for input and output incentives
5.4.5. Nexus, corporate income tax rates and other reactions at the domestic level
5.4.6. Nexus and the demand side of innovation
5.4.7. Tax and non-tax output incentives
5.5. Nexus and BEPS Action 1
5.5.1. Nexus for business taxation: Multilateralism versus bilateralism
5.5.2. Innovation
5.6. Digital economy, innovation and the UN Model
5.6.1. Reductions in the net return: Is there room for innovation policy?
5.6.1.1. Limits to the deductibility of expenses
5.6.1.2. Withholding taxes
5.6.2. Software within the scope of articles 12 and 12B
5.7. Conclusions.
Chapter 6: The (Re)allocation of Taxing Rights Following the 2021 Consensus on Pillar Two Blueprint: An Examination of its Causes and Effects
6.1. Introduction to the topic
6.2. Why GloBE? The story so far …
6.3. Goals and rationales of GloBE: Affinities and differences with BEPS 1.0
6.4. GloBE's mechanics and their impact on the allocation of taxing rights
6.4.1. Taxing rights allocation under the income inclusion rule (IIR): Some observations
6.4.2. The (residual) allocation of taxing rights to source states through the undertaxed payments rule
6.4.3. The treaty-based rules: The switchover rule and the subject-to-tax rule
6.5. Key takeaways
Chapter 7: Direct Taxation and the Future of EU Harmonization: Lessons from Past Experiences
7.1. Background issues on the notion of tax nexus
7.2. Constraints under EU (secondary) law
7.3. A wide notion of tax sovereignty, some examples from EU secondary legislation
7.3.1. The European Union's first draft of financial transaction tax
7.3.2. The Italian FTT
7.4. Extraterritoriality: Cause or effect of an unreasonable nexus?
7.5. Conclusion: The lessons from the past to reach a significant and sustained engagement with market jurisdictions
Chapter 8: EU Law and Tax Nexus in Changing Times
8.1. Tax nexus: From past boundaries to present challenges
8.2. Stretching of tax nexus: A global trend
8.3. The EU legal constraints to the exercise of tax jurisdiction
8.4. Nexus in secondary EU tax law
8.5. Exploring possible avenues for reform of tax nexus in the European Union: An uphill climb
Chapter 9: Tax Nexus and Jurisdiction in International and EU Law: Some Insights into EU Value Added Tax
9.1. Challenges with taxing jurisdiction in a digitalized world
9.2. The concept of nexus and EU VAT.
9.3. New VAT rules in respect of digital platforms - going beyond tax jurisdiction?
9.4. Jurisdictional issues with services' supplies
Chapter 10: Tax Nexus and EU Law: Lessons from the Customs Experience
10.1. Introduction: The relevance of customs duties for other taxes in the EU context
10.2. The "territorial nexus" in EU customs law: The entry into the single customs territory and the customs debt
10.3. The "extraterritorial nexus" in EU customs law: The notion of origin and its impact on the determination of the applicable tariff
10.4. Conclusions
Chapter 11: The Reform of EU Own Resources from a Tax Nexus Perspective: Which Fiscal Federalism for the European Union?
11.1. Introduction
11.2. Tax nexus and EU integration: A conundrum with four dimensions
11.3. The EU own resources system: Origin and evolution
11.3.1. History
11.3.2. Legal basis: Article 311 of the Treaty on the Functioning of the European Union
11.3.3. Types of resources
11.4. The loose relationship between the own resources system and EU tax harmonization
11.5. A nexus perspective on the reform to the EU own resources system
Other Titles in the GREIT Series.
Title
Copyright
Foreword
Chapter 1: Public International Law and Taxation: Nexus and Territoriality
1.1. Introduction
1.2. New concepts in international tax law
1.2.1. The concepts of single or full taxation
1.2.2. The concept of minimum taxation
1.3. Nexus/genuine link
1.3.1. Nexus and its different requirements, depending on the type of jurisdiction
1.3.1.1. Stricter requirements for enforcement
1.3.1.2. What is "enforcement"?
1.3.1.3. The rule against foreign revenue enforcement
1.3.2. Nexus and its different requirements, depending on the type of tax (and taxpayer)
1.3.3. The new territoriality
1.3.3.1. Territorial or extra-territorial
1.3.3.2. Market jurisdiction as a new nexus
1.3.3.3. New hybrid taxes enhancing market jurisdiction
1.4. Conclusions
Chapter 2: The Market as a Tax Nexus: The Old, the New and the Unknown
2.1. Introduction
2.2. The "Old": Market-Based Approach to Nexus in the Pre-BEPS Era
2.2.1. Can the "market state" actually be a "source state"?
2.2.2. The benefits principle and the market
2.2.3. A view of the PE nexus in light of the supply-demand approach
2.2.4. Further examples of market-based source rules in tax treaties and domestic law
2.3. The "New": BEPS 2.0 and the Creation of a Taxing Right in the Market
2.3.1. BEPS 1.0 and the slow recognition of the role of the market
2.3.2. The market under Pillar One of BEPS 2.0
2.3.3. Developing countries' response: Article 12B of the UN Model
2.4. Conclusions
Chapter 3: Fundamental Tax Principles and the Role of Market States in the Digitalized Economy: Pillar One Proposal
3.1. Introduction
3.2. Setting the scene: Tax jurisdiction in the age of globalization and digitalization
3.3. Analytical framework of fair and efficient taxation.
3.4. Content analysis of the OECD Blueprint and the impact of the October 2021 agreement and the Draft Model Rules
3.4.1. Analysis
3.4.1.1. Scope
3.4.1.2. Nexus
3.4.1.3. Revenue-sourcing rules
3.4.1.4. Tax base determinations
3.4.1.5. Profit allocation
3.4.1.6. Elimination of double taxation
3.4.2. Evaluation
3.5. Conclusions
Chapter 4: Nexus for Transfer Pricing Purposes Before and After BEPS 2.0: From Form to Substance, and Back to Form?
4.1. Nexus for transfer pricing purposes before the Pillar One reform
4.2. Nexus for transfer pricing purposes with the Pillar One reform
Chapter 5: Innovation and Taxation: A Fundamental Approach to Nexus in BEPS Actions 1 and 5
5.1. Introduction
5.2. Innovation
5.2.1. The theory of innovation
5.2.2. Conflicting interests and economic growth
5.2.3. Innovation and market failure
5.3. Innovation and EU tax policy
5.4. BEPS Action 5
5.4.1. The nexus requirement
5.4.2. Nexus as a reaction to profit shifting strategies through patent boxes
5.4.3. Nexus, trust and innovation policy
5.4.4. Nexus for input and output incentives
5.4.5. Nexus, corporate income tax rates and other reactions at the domestic level
5.4.6. Nexus and the demand side of innovation
5.4.7. Tax and non-tax output incentives
5.5. Nexus and BEPS Action 1
5.5.1. Nexus for business taxation: Multilateralism versus bilateralism
5.5.2. Innovation
5.6. Digital economy, innovation and the UN Model
5.6.1. Reductions in the net return: Is there room for innovation policy?
5.6.1.1. Limits to the deductibility of expenses
5.6.1.2. Withholding taxes
5.6.2. Software within the scope of articles 12 and 12B
5.7. Conclusions.
Chapter 6: The (Re)allocation of Taxing Rights Following the 2021 Consensus on Pillar Two Blueprint: An Examination of its Causes and Effects
6.1. Introduction to the topic
6.2. Why GloBE? The story so far …
6.3. Goals and rationales of GloBE: Affinities and differences with BEPS 1.0
6.4. GloBE's mechanics and their impact on the allocation of taxing rights
6.4.1. Taxing rights allocation under the income inclusion rule (IIR): Some observations
6.4.2. The (residual) allocation of taxing rights to source states through the undertaxed payments rule
6.4.3. The treaty-based rules: The switchover rule and the subject-to-tax rule
6.5. Key takeaways
Chapter 7: Direct Taxation and the Future of EU Harmonization: Lessons from Past Experiences
7.1. Background issues on the notion of tax nexus
7.2. Constraints under EU (secondary) law
7.3. A wide notion of tax sovereignty, some examples from EU secondary legislation
7.3.1. The European Union's first draft of financial transaction tax
7.3.2. The Italian FTT
7.4. Extraterritoriality: Cause or effect of an unreasonable nexus?
7.5. Conclusion: The lessons from the past to reach a significant and sustained engagement with market jurisdictions
Chapter 8: EU Law and Tax Nexus in Changing Times
8.1. Tax nexus: From past boundaries to present challenges
8.2. Stretching of tax nexus: A global trend
8.3. The EU legal constraints to the exercise of tax jurisdiction
8.4. Nexus in secondary EU tax law
8.5. Exploring possible avenues for reform of tax nexus in the European Union: An uphill climb
Chapter 9: Tax Nexus and Jurisdiction in International and EU Law: Some Insights into EU Value Added Tax
9.1. Challenges with taxing jurisdiction in a digitalized world
9.2. The concept of nexus and EU VAT.
9.3. New VAT rules in respect of digital platforms - going beyond tax jurisdiction?
9.4. Jurisdictional issues with services' supplies
Chapter 10: Tax Nexus and EU Law: Lessons from the Customs Experience
10.1. Introduction: The relevance of customs duties for other taxes in the EU context
10.2. The "territorial nexus" in EU customs law: The entry into the single customs territory and the customs debt
10.3. The "extraterritorial nexus" in EU customs law: The notion of origin and its impact on the determination of the applicable tariff
10.4. Conclusions
Chapter 11: The Reform of EU Own Resources from a Tax Nexus Perspective: Which Fiscal Federalism for the European Union?
11.1. Introduction
11.2. Tax nexus and EU integration: A conundrum with four dimensions
11.3. The EU own resources system: Origin and evolution
11.3.1. History
11.3.2. Legal basis: Article 311 of the Treaty on the Functioning of the European Union
11.3.3. Types of resources
11.4. The loose relationship between the own resources system and EU tax harmonization
11.5. A nexus perspective on the reform to the EU own resources system
Other Titles in the GREIT Series.