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Taxing Offshore Transactions In India And The Territoriality Clause - A Case For Substantial Constitutional Limitations On Indian Parliament's Power To Retrospectively Amend The Income Tax Act, Khagesh Gautam Jun 2014

Taxing Offshore Transactions In India And The Territoriality Clause - A Case For Substantial Constitutional Limitations On Indian Parliament's Power To Retrospectively Amend The Income Tax Act, Khagesh Gautam

Khagesh Gautam

No abstract provided.


Base Erosion And Profit Shifting: A Roadmap For Reform, Hugh Ault, Wolfgang Schoen, Stephen Shay May 2014

Base Erosion And Profit Shifting: A Roadmap For Reform, Hugh Ault, Wolfgang Schoen, Stephen Shay

Hugh J. Ault

In this Editorial, the authors explain the context of this special issue of the Bulletin for International Taxation. The fundamental premise of the BEPS project is that a coordination of national responses to BEPS can both eliminate double non-taxation and protect against material unrelieved double taxation. The articles in this issue further a dialogue among tax policymakers, taxpayers, advisors and academics that is critical to achieve this objective.


Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault Jun 2013

Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault

Hugh J. Ault

No abstract provided.


Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault Jun 2013

Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault

Hugh J. Ault

This article is the revised text of a lecture held on May 2, 2013, at the Max Planck Institute for Tax Law and Public Finance. It focuses on the OECD's work on the definition of Permanent Establishment, the transfer pricing treatment of Intangibles and the recently announced project on base erosion and profit shifting ("BEPS"). After describing these positive law developments, Ault relates to more basic questions of how principles of international tax law, and particular the normative claims to taxing rights, are established.


The Recent Oecd Developments And The European Tax Integration Process, Hugh Ault Jan 2013

The Recent Oecd Developments And The European Tax Integration Process, Hugh Ault

Hugh J. Ault

No abstract provided.


Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault Dec 2011

Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault

Hugh J. Ault

In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications …


Who Is Making International Tax Policy? International Organizations As Power Players In A High Stakes World, Diane M. Ring Sep 2011

Who Is Making International Tax Policy? International Organizations As Power Players In A High Stakes World, Diane M. Ring

Diane M. Ring

Who makes international tax policy in today’s world? Certainly no single body possesses that power - there is no global tax authority, and states are not capable of achieving all of their international tax policy goals on a unilateral basis. The development of international tax policy is an interactive and dynamic process that involves a wide range of players, most of whom can be characterized as international organizations. Their roles, goals, tools and influence vary by organization and by issue, but their net impact on tax policy is undeniable. If we are to better understand how tax policy is formed, …


The Promise Of International Tax Scholarship And Its Implications For Research Design, Theory And Methodology, Diane M. Ring Sep 2011

The Promise Of International Tax Scholarship And Its Implications For Research Design, Theory And Methodology, Diane M. Ring

Diane M. Ring

What should international tax scholars be doing? Over the past two decades, international tax has grown both as a practice area and as a field of study. Scholars have begun devoting significant attention to the development, design, and implementation of international tax law. This activity is accompanied by a reflection on the scholarship and its goals, method and content. A review of modern international tax scholarship reveals that as the field has matured, international tax scholars have increasingly turned to other disciplines, especially social sciences, to draw upon their insights, ideas, and research to improve understanding of international tax policy. …


Democracy, Sovereignty And Tax Competition: The Role Of Tax Sovereignty In Shaping Tax Cooperation, Diane M. Ring Sep 2011

Democracy, Sovereignty And Tax Competition: The Role Of Tax Sovereignty In Shaping Tax Cooperation, Diane M. Ring

Diane M. Ring

This paper considers the question of how sovereignty shapes arguments over the merits of tax competition and how sovereignty influences the design of responses to tax competition. Part I provides a basic overview of sovereignty concepts, in particular their relevance to a nation-state desirous of control over tax policy. Part II defines tax competition, identifies the different kinds of states involved, reviews the emergence of the OECD project to limit harmful tax competition, and traces the EU experience with tax competition. Part III explores the normative grounds for challenging tax competition and the role of sovereignty in shaping and limiting …


Recent Treaty Developments In The Arbitration Of International Tax Disputes, Hugh Ault Dec 2009

Recent Treaty Developments In The Arbitration Of International Tax Disputes, Hugh Ault

Hugh J. Ault

No abstract provided.


2008 Oecd Model: The New Arbitration Provision, Hugh Ault Apr 2009

2008 Oecd Model: The New Arbitration Provision, Hugh Ault

Hugh J. Ault

New Art. 25(5), added to Art. 25 (Mutual agreement procedure) of the OECD Model as part of the 2008 Update, provides for the mandatory arbitration of unresolved issues arising in the course of a mutual agreement procedure. This article first examines the various factors that led to the adoption of Art. 25(5) and the stages of its development by the OECD. The article then discusses some technical aspects of the new arbitration provision, including the Sample Mutual Agreement setting out some procedural rules, which is attached as an Annex to Art. 25.


Reflections On The Role Of The Oecd In Developing International Tax Norms, Hugh Ault Dec 2008

Reflections On The Role Of The Oecd In Developing International Tax Norms, Hugh Ault

Hugh J. Ault

On September 8–9, 2008, the Organisation for Economic Cooperation and Development (“OECD”) held a Special Conference commemorating the 50th Anniversary of the OECD Model Tax Convention (“Model Convention” or “Model”). The Conference was attended by over 650 participants from the private sector and the government, representing over 100 countries. Both the level of participation and the geographical diversity represented at the conference would seem concrete evidence of the perceived importance of the role of the OECD in developing international tax norms. In his remarks opening the conference, the OECD Secretary General noted that the success of the OECD Model was …


Japanese Cfc Rules Consistent With Treaty, Court Holds, Hugh Ault, Mitsuhiro Honda Mar 2008

Japanese Cfc Rules Consistent With Treaty, Court Holds, Hugh Ault, Mitsuhiro Honda

Hugh J. Ault

In a practice article, Mitsuhiro Honda and Hugh J. Ault comment on a Tokyo High Court ruling that held that Japan's controlled foreign corporation rules are consistent with article 7(1) of the Japan-Singapore tax treaty.


Current Developments In Procedures For The Resolution Of International Tax Disputes, Hugh Ault Dec 2007

Current Developments In Procedures For The Resolution Of International Tax Disputes, Hugh Ault

Hugh J. Ault

No abstract provided.


Introduction To United States International Taxation, Hugh Ault, James Repetti, Paul Mcdaniel Dec 2004

Introduction To United States International Taxation, Hugh Ault, James Repetti, Paul Mcdaniel

Hugh J. Ault

The 2005 edition of this well-known reference work for the tax community provides an introduction to the application of the United States international taxation system to taxpayers investing or transacting business in the US and other countries. In a relatively brief and manageable form, it sets forth the principles adopted by the US in taxing US or foreign individuals and corporations as they invest, work, or carry on a trade or business in the US or abroad. The presentation focuses on ten specific aspects of the subject matter: -general aspects of the corporation income tax, the individual income tax, the …


Improving The Resolution Of International Tax Disputes, Hugh Ault Dec 2004

Improving The Resolution Of International Tax Disputes, Hugh Ault

Hugh J. Ault

The dramatic increase in international trade and investments and related phenomena under the general heading of Globalization have multiplied the situations in which international tax disputes can arise, both between taxpayers and governments but also, and in some ways, more importantly, between governments themselves. These disputes may involve transfer pricing issues, differing income characterization rules, disagreement about the existence of a permanent establishment, or more generally, diverging views on the appropriate exercise of potential taxing rights by the source country jurisdiction and the corresponding obligation of the residence country to provide double tax relief. In the current circumstances, it seems …


Review Of Foundations Of International Income Taxation, By Michael Graetz, Hugh Ault Jan 2004

Review Of Foundations Of International Income Taxation, By Michael Graetz, Hugh Ault

Hugh J. Ault

No abstract provided.


U.S. Exemption/Territorial System Vs. Credit-Based System, Hugh Ault Nov 2003

U.S. Exemption/Territorial System Vs. Credit-Based System, Hugh Ault

Hugh J. Ault

No abstract provided.


Arbitration In International Tax Matters: Some Structural Issues, Hugh Ault Dec 2000

Arbitration In International Tax Matters: Some Structural Issues, Hugh Ault

Hugh J. Ault

No abstract provided.


The Importance Of International Cooperation In Forging Tax Policy, Hugh J. Ault Dec 2000

The Importance Of International Cooperation In Forging Tax Policy, Hugh J. Ault

Hugh J. Ault

No abstract provided.


Prospects For A Multilateral Tax Treaty, Diane M. Ring Dec 2000

Prospects For A Multilateral Tax Treaty, Diane M. Ring

Diane M. Ring

No abstract provided.


Transcript From The Symposium: 'Globalization And The Taxation Of Foreign Investment', Hugh Ault Sep 2000

Transcript From The Symposium: 'Globalization And The Taxation Of Foreign Investment', Hugh Ault

Hugh J. Ault

No abstract provided.


Le Travail Accompli Par L'Ocde Et Son Esprit, Hugh Ault Dec 1998

Le Travail Accompli Par L'Ocde Et Son Esprit, Hugh Ault

Hugh J. Ault

No abstract provided.


Steuervereinfachung Im Internationalen Vergleich, Hugh Ault Dec 1997

Steuervereinfachung Im Internationalen Vergleich, Hugh Ault

Hugh J. Ault

No abstract provided.


The Role Of Arbitration Procedures In Resolving Tax Disputes, Hugh Ault Dec 1993

The Role Of Arbitration Procedures In Resolving Tax Disputes, Hugh Ault

Hugh J. Ault

No abstract provided.


The Role Of The Oecd Commentaries In The Interpretation Of Tax Treaties, Hugh Ault Dec 1992

The Role Of The Oecd Commentaries In The Interpretation Of Tax Treaties, Hugh Ault

Hugh J. Ault

An updated version appears inIntertax 4 (April 1994): 144-148.


The 1992 Model Treaty: Treatment Of Computer Software, Hugh Ault Dec 1992

The 1992 Model Treaty: Treatment Of Computer Software, Hugh Ault

Hugh J. Ault

No abstract provided.


Commentary [On `The Foreign Tax Credit And Its Critics,' By Charles I. Kingson, Hugh Ault Dec 1990

Commentary [On `The Foreign Tax Credit And Its Critics,' By Charles I. Kingson, Hugh Ault

Hugh J. Ault

No abstract provided.


Taxing International Income: An Analysis Of The U.S. System And Its Economic Premises, Hugh Ault, David Bradford Dec 1989

Taxing International Income: An Analysis Of The U.S. System And Its Economic Premises, Hugh Ault, David Bradford

Hugh J. Ault

No abstract provided.


Taxing International Income: An Analysis Of The U.S. System And Its Economic Premises, Hugh Ault, David Bradford Dec 1988

Taxing International Income: An Analysis Of The U.S. System And Its Economic Premises, Hugh Ault, David Bradford

Hugh J. Ault

No abstract provided.