Law Commons^™

Introducing A Global Minimum Tax (Pillar Two) In Canada: Some Knowns And Unknowns, Jinyan Li

Articles & Book Chapters

This paper provides a high-level overview of Pillar Two Global Minimum Tax in terms of its policy objectives, technical design and implications for Canada. After teasing out some significant known and unknown challenges, it offers some thoughts on whether, and if so, how and when Canada can proceed with implementation.

Canada: Limitation On The Elimination Of Double Taxation Under The Canada-Brazil Income Tax Treaty, David G. Duff

All Faculty Publications

This short comment reviews the Tax Court of Canada decision in Société générale valeurs mobilieres inc. v. The Queen, addressing the interpretation of the elimination of double taxation article in the Canada-Brazil Income Tax Treaty. The comment argues that the Court rightly rejected the taxpayer’s argument that treaty relief should extend to Canadian tax otherwise payable on gross interest income without taking into account any expenses incurred to earn this income, accepting the revenue department’s argument that treaty relief was limited to Canadian tax otherwise payable on net interest income earned in Brazil.

International Tax Implications Of The Organisation For Economic Co-Operation And Development Proposal To Neutralize Hybrid Mismatch Arrangements, Dean Harris

Catholic University Law Review

The Organisation for Economic Co-operation and Development (OECD) has developed a sixteen part plan titled Base Erosion and Profit Shifting (BEPS). This comment focuses on the second part of that plan; Neutralizing Hybrid Mismatch Arrangements. Mismatches have become a useful tool for corporations to achieve double non-taxation in various jurisdictions. The comment begins by laying the groundwork of what a hybrid mismatch arrangement is and the current problems and complications with them in international tax. Next, this comment addresses various jurisdictional approaches to mismatches, including: Ireland, The United Kingdom, The United States, and Denmark. The paper moves forward onto a …

Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane

Brooklyn Journal of International Law

This article analyzes the proper bounds of source-based taxation of profits generated when firms outsource factor inputs, such as labor, to achieve cost savings. The article advances arguments grounded in efficiency, treaty text, and international distribution to justify greater source-based taxation than has historically been the case. To implement such expanded taxation, the article proposes a modification to transfer-pricing rules in instances where factor inputs are acquired from affiliates and a modification to the tax treaty rules regarding permanent establishments where factor inputs are acquired from unrelated parties. Finally, the article deals with a range of complications, particularly relating to …

Treaties In The Aftermath Of Beps, Yariv Brauner

Brooklyn Journal of International Law

The article argues that, despite the fanfare around it, the outcome of the BEPS project is unlikely to be dramatic, at least in the short term. Beyond a period of increased legal uncertainty and aggressive enforcement by some countries, it expects little substantive change in tax treaties. The challenges to the dominance of the OECD and the richest countries would likely be assuaged with marginal concessions, most or all of which not be affecting tax treaties. Yet, the article sees a silver lining in the non-substantive, structural, and instrumental outcomes of the BEPS project. It argues that even if unintended, …

When International Tax Agreements Fail At Home: A U.S. Example, Diane Ring

Brooklyn Journal of International Law

Over the past two and a half years, the international tax community has focused on the Base Erosion and Profit Shifting Project (BEPS project) undertaken by the Organisation for Economic Co-operation and Development (OECD) at the behest of the G20. According to the OECD, the resulting 2015 agreement involved the direct participation of more than sixty countries. An additional fifty-nine countries indirectly participated through regional dialogues. Furthermore, numerous international organizations are credited with participating in discussions and contributing to the resulting product. But, effective implementation of the BEPS agreement requires domestic action of various types—the domestic side of international agreement …

The Two Faces Of The Single Tax Principle, Daniel Shaviro

Brooklyn Journal of International Law

Some argue that a “single tax principle,” said to underlie tax treaties, requires that cross-border income should generally be taxed once, rather than twice or not at all. Even if one accepts this principle, it is important to recognize the difference between “upside” departures, which occur when the same dollar of income is taxed more than once, and “downside” departures, which occur when it is not taxed at all. This article argues that a focus on barring upside departures from the single tax principle can be quite misguided. While over-taxing cross-border activity, relative to that occurring in one country, may …

Treaties In The Aftermath Of Beps, Yariv Brauner

UF Law Faculty Publications

The article argues that, despite the fanfare around it, the outcome of the BEPS project is unlikely to be dramatic, at least in the short term. Beyond a period of increased legal uncertainty and aggressive enforcement by some countries, it expects little substantive change in tax treaties. The challenges to the dominance of the OECD and the richest countries would likely be assuaged with marginal concessions, most or all of which not be affecting tax treaties. Yet, the article sees a silver lining in the non-substantive, structural, and instrumental outcomes of the BEPS project. It argues that even if unintended, …

Taxing Indirect Transfers: Improving An Instrument For Stemming Tax And Legal Base Erosion, Wei Cui

Wei Cui

Numerous countries (e.g. Canada, Australia and Japan) tax foreigners on the gains realized on transfers of interests in foreign entities that invest directly or indirectly in real estates in these countries. In the last few years, actions taken by tax authorities in India, China, Brazil, Indonesia and other non-OECD countries have highlighted the possibility of taxing a broader range of “indirect share transfers” by foreigners. This Article argues taxing indirect transfers can have vital policy significance in countries where foreign inbound investments are actively traded in offshore markets: it not only deters tax avoidance, but may also stanch “legal base …

2012 Oecd Model Tax Convention (Article 7), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of Article 7 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Article 6), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of Article 6 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Article 4), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of Article 4 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Article 5), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of Article 5 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Article 3), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of Article 3 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Article 1), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of Article 1 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Article 2), Sung-Soo Han

Sung-Soo Han

The file is the Korean version of Article 2 of 2012 OECD Model Tax Convention.

2012 Oecd Model Tax Convention (Introduction), Sung-Soo Han

Sung-Soo Han

This file is the Korean version of "Introduction of 2012 OECD Model Tax Convention".

The International Tax Bible - Management (Intra-Group) Service Fee Case, Sung-Soo Han

Sung-Soo Han

The International Tax Bible - Treaty Shopping Case, Sung-Soo Han

Sung-Soo Han

This position paper was made for the purpose of discussion with the Korean tax authority during the tax audit period against a foreign subsidiary company doing business in Korea. This kind of tax audit defense approach was a new one at that time. This position paper was inserted in the book "the International Tax Bible(국제조세바이블)" which was published in January 2012. When this report was made, there was no specific rules concerning the "treaty shopping" in the Korean tax law and thus there often took place conflicts between taxpayers and tax authorities with regard to the appropriateness of treaty shopping. …

The International Tax Bible - Transfer Pricing Case, Sung-Soo Han

Sung-Soo Han