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A Guide to the Anti-Tax Avoidance Directive

A Guide to the Anti-Tax Avoidance Directive

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781789905762
  • Published In: July 2020
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,962.50

HKD 1,903.63 Save HKD 58.87 (3%)

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  • Description 
  • Contents 
  • Details

    This book provides a concise, practical guide to the European Union’s Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD’s five specific anti-avoidance rules, its chapters explain the background of those rules, the directive’s interactions with relevant jurisprudence, and the challenges posed to the ATAD’s interpretation and implementation in domestic law.

    Key features include:

    • critical, article-by-article analysis of the ATAD
    • contextual information on the legislative environment in which the ATAD operates, embedding it in the wider landscape of CJEU jurisprudence
    • insights into the day-to-day application of the ATAD rules in practice
    • contributions from leading academics and practitioners in the field of tax law
    • examples of the challenges to its interpretation and implementation, taken from a range of EU Member States

     

    European and international tax advisors, along with policy makers in the field of tax law, will find this book to be a comprehensive yet accessible guide to the ATAD and its correct application. Those who carry out research in European tax law can also benefit from this book’s critical approach to the ATAD and the questions that surround anti-tax avoidance legislation in the European Union.

  • 1. From Abuse to Base Erosion, How Did It Come to This?
    Frans Vanistendael
    2. The General Scope of the ATAD and Its Position in the EU Legal Order
    Werner Haslehner
    3. Abuse of Law as a General Principle of European Union (Tax) Law
    Roland Ismer
    4. The Interest Limitation (Article 4 ATAD)
    Daniel Gutmann
    5. The Exit Tax Rule (Article 5 ATAD)
    Paloma Schwarz
    6. The GAAR (Article 6 ATAD)
    Błażej Kuźniacki
    7. Controlled Foreign Company Rule (Articles 7 and 8 ATAD)
    Alexander Rust
    8. Hybrid Financial Instruments and Anti-Hybrid Rules in the EU ATAD (Article 9 ATAD)
    Leopoldo Parada
    9. Hybrid Entities and Anti-Hybrid Rules in the EU ATAD (Article 9 and 9a ATAD)
    Karoline Spies
    10. ATAD, Double Taxation and Tax Dispute Resolution
    Isabelle Richelle
    11. Effective Implementation of the ATAD: Information Collection, Exchange and Monitoring through DAC 6
    Katerina Pantazatou
    12. Where Do We Go From Here? – The Steady Move Towards a Common Corporate Tax Base
    Bart van Raaij
    Index

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