Comparing the "Discussion Draft on the Attribution of Profits to Permanent Establishments (PEs: Part III (enterprises Carrying on Global Trading of Financial Instruments)" with the OECD's "The Taxation of Global Trading of Financial Instruments". PDF Download
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Author: R.E. Ackerman
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Compares the March 2003 OECD "Special considerations for applying the working hypothesis to permanent establishments of enterprises carrying on global trading of financial instruments" and the 1998 OECD document "The taxation of global trading of financial instruments". The article highlights the developments in the OECD's positions and the distinctions that arise from operating in a branch form as opposed to a subsidiary form.
Author: R.E. Ackerman
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Compares the March 2003 OECD "Special considerations for applying the working hypothesis to permanent establishments of enterprises carrying on global trading of financial instruments" and the 1998 OECD document "The taxation of global trading of financial instruments". The article highlights the developments in the OECD's positions and the distinctions that arise from operating in a branch form as opposed to a subsidiary form.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 47
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Book Description
Second part (banks) of a discussion draft of the Report on the attribution of profits to a permanent establishment.
Author: Michael Lang
Publisher: Linde Verlag GmbH
ISBN: 3709410576
Category : Law
Languages : en
Pages : 157
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Book Description
Attribution of Profits to Permanent Establishments: Issues and Developments The profit attribution to permanent establishments is one of the most controversial topics in international tax law. In recent years it was subject to various changes based on the introduction of the “Authorized OECD Approach” in 2008 and 2010, the outcomes of Final Report on OECD BEPS Action 7 and the Final Report on “Additional Guidance on the Attribution of Profits to a Permanent Establishment under BEPS Action 7” from 2018 (with the previous Discussion-Drafts). This publication discusses the most important issues and recent developments related to the attribution of profits to permanent establishments. Starting with an in-depth analysis on the commonalities and differences between the profit attribution provisions in modern double tax treaties (ie Art 7 AOA vs Art 9 OECD/UN Models), it further deals with topics such as profit attribution to PEs and PE exemptions (Art 5 para 4), profit attribution to agency PEs (Art 5 para 5 and 6), and profit attribution to a "significant economic presence" and to market states. This book is based on the outcomes of the presentations and discussions held during the WU Transfer Pricing Symposium that took place in October 2019 at the WU Vienna University of Economics and Business. The authors, apart from providing a theoretical background to the discussed issues, also present case studies that show how certain issues can be approached in practice. Every chapter ends with a summary of the opinions on the issues at stake of representatives of tax administrations, multinationals and tax advisories, which completes this essential practical guideline.
Author: Thomas Eulenpesch
Publisher: GRIN Verlag
ISBN: 3656268657
Category : Business & Economics
Languages : en
Pages : 34
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Book Description
Seminar paper from the year 2012 in the subject Business economics - Accounting and Taxes, Rhine-Waal University of Applied Sciences, language: English, abstract: In my scientific writing I will write about the attribution of profits to Permanent Establishments in accordance with the updated OECD Model Tax Convention and the OECD Report on the attribution of profits to Permanent Establishments in the Versions of 2008 and 2010. First I will start with the definition of the Permanent Establishment in the German law and according to the OECD Model Tax Convention. Afterwards I will continue with the allocation of Profits to the Permanent Establishment by the two step analysis and the different transfer price methods. Additionally I will write about the hypothetical independent enterprises and special regulations for Banks, the trading of financial instruments and Insurance companies.
Author: Organisation for Economic Co-operation and Development
Publisher:
ISBN:
Category :
Languages : en
Pages : 73
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Book Description
Currently, there is a lack of consensus amongst OECD Member countries as to how profits should be attributed to a permanent establishment (PE). As a first step in remedying this situation a working hypothesis has been developed as to the preferred approach for attributing profits to the PE. The basis for the working hypothesis is to examine how far the approach of treating the PE as a hypothetical distinct and separate enterprise can be taken and how the guidance in the OECD Transfer Pricing Guidelines could be applied, by analogy, to attribute profits to a PE. This discussion draft contains the results of testing the working hypothesis in general (Part I) and to PEs of banks (Part II). Public comments are invited in order to assist in the development of an OECD consensus on the attribution of profits to a PE.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
QUESTIONS: I. Issue One: Do the Revenue Authorities of your country agree with the Authorised OECD Approach for profit attribution to permanent establishments (PEs) or do they attribute profits to PEs on some global formulary or profit split approach, regardless of the functional, asset and risk profiles of the PEs? II. Issue Two: Do the Revenue Authorities of your country treat a subsidiary of a foreign company, operating as a captive service provider, say providing services of contract software development; back office; contract or toll manufacturing, etc., on a cost plus basis, as "fixed place of business PE" of the foreign company, solely on the ground that the premises of such subsidiary is at the disposal of the foreign company? III. Issue Three: If the answer to Issue Two is in the affirmative, how would the Revenue Authorities of your country attribute profits to such PE under any one or both of the following situations: a. None of the employees of the foreign company were present in your country for any considerable period of time; b. Some of the employees of the foreign company were present in your country for a considerable period of time? IV. Issue Four: Do the Revenue Authorities of your country take into account the concept of "significant people functions" in the context of "dependent agency PEs", for the purposes of attributing profits to such PEs in excess of the remunerations received by the local agents, which create such "dependent agency PEs"? V. Issue Five: Do the Revenue Authorities of your country accept the method of "Berry Ratio" for the purposes of attributing profits to "dependent agency PEs", in situations where imputed remuneration based on value of goods, say return on sales, produce extremely high results of return on operating costs, primarily due to significantly high value of goods, as compared to low levels of operating costs?
Author: OECD
Publisher: OECD Publishing
ISBN: 9264119221
Category :
Languages : en
Pages : 92
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Book Description
After describing the size of corporate tax losses and the policy issues related to their tax treatment, this report identifies three key risk areas in relation to use of losses for tax purposes: corporate reorganisations, financial instruments and non-arm’s length transfer pricing.
Author:
Publisher:
ISBN:
Category : Double taxation
Languages : en
Pages : 1122
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Book Description
Author: Philip Baker
Publisher:
ISBN: 9780718711054
Category : Double taxation
Languages : en
Pages : 23
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Book Description
Author: OCDE,
Publisher: OCDE
ISBN: 9789264241213
Category : Double taxation
Languages : en
Pages : 48
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Book Description
This report includes changes to the definition of permanent establishment in the OECD Model Tax Convention that will address strategies used to avoid having a taxable presence in a country under tax treaties. These changes will ensure that where the activities that an intermediary exercises in a country are intended to result in the regular conclusion of contracts to be performed by a foreign enterprise, that enterprise will be considered to have a taxable presence in that country unless the intermediary is performing these activities in the course of an independent business. The changes will also restrict the application of a number of exceptions to the definition of permanent establishment to activities that are preparatory or auxiliary nature and will ensure that it is not possible to take advantage of these exceptions by the fragmentation of a cohesive operating business into several small operations; they will also address situations where the exception applicable to construction sites is circumvented through the splitting-up contracts between closely related enterprises.
