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Beneficial Ownership in Tax Law and Tax Treaties

Beneficial Ownership in Tax Law and Tax Treaties

Author: Pablo A. Hernandez Gonzalez-Barreda
Publisher: Hart Publishing
ISBN: 9781509943807

Published In: December 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509923076

List Price: RM386.03

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Description
Contents

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This book explores the concept of beneficial ownership in equity law, and in the domestic tax laws of the United Kingdom, Canada and the United States; as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in tax law and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law.

However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to practitioners and scholars from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership’s increasing relevance.

1. Introduction

2. Beneficial Ownership: From Conscience to Liberalism and Law

I. The Historical Evolution of Beneficial Ownership and Relation to Other Concepts

II. Beneficial Ownership Nowadays

III. Beneficial Ownership and the Tension between Ownership as a Strong Right and Beneficiary Rights as a

Flexible Matter

3. Beneficial Ownership in Tax Law

I. Ability to Pay, Allocation of Income and Beneficial Ownership

II. The Two Principles

III. What is Beneficial Ownership in Tax Law of Common Law Countries? A Set of Allocation Principles and Rules Balancing Substantive Law Ownership as a Primary Right to Income and Control Claimable before Court, and the Duty to Pay Taxes and Prevention of Avoidance

4. From Domestic Tax Law to Tax Treaties: How Beneficial Ownership Jumped from US and UK Tax Treaty Policy into the Worldwide Tax Treaty Network

I. US and UK Tax Treaty Policy Towards Intermediaries (1930–1977)

II. Crossing the Atlantic: From US Tax Treaty Policy to the UK

5. Changing Skin in the OECD Model: What do Intermediaries in Continental Law and Common Law have in Common?

I. The Wording and the 1977 OECD Original Meaning of the Terms

II. Broadening the Rule: Is Beneficial Ownership a GAAR under the 2003 Commentary?

III. Beneficial Ownership and Allocation of Income in Relation to Hybrid Vehicles

IV. Clarifying What has Always been there: The 2014 Changes to the Commentary

V. Beneficial Ownership and the Post-BEPS Era: New Rules and Conflicts between Beneficial Ownership and the PPT and LOB Tests

VI. The 2019 United Nations Update Draft

6. Beneficial Ownership and EU Law

I. Beneficial Ownership in the Interest and Royalties Directive: The Danish Cases

II. Beneficial Ownership in the Parent–Subsidiary Directive

III. The Directive of Administrative Cooperation and Beneficial Ownership

7. Beneficial Ownership in Exchange of Information for Tax Matters

I. International Instruments of Exchange of Information and Beneficial Ownership

II. Beneficial Ownership in Exchange of Information in EU Law

III. The UK Registers on Beneficial Ownership

IV. Data Protection, Privacy and Beneficial Ownership Registers: The Relevance of Beneficial Ownership in Exchange of Information for Allocation of Income

8. Final Remarks

I. Beneficial Ownership in Equity

II. Beneficial Ownership in Tax Law

III. Beneficial Ownership in Tax Treaties

IV. Beneficial Ownership in Exchange of Information for Tax Matters

V. Recommendations and Future of Beneficial Ownership