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The taxation of multinational corporate groups has become a major concern in the academic and political debate on the future of international taxation. In particular the arm’s length standard for the determination of transfer prices is under increasing pressure. Many countries and international bodies are now taking a closer look at the use of transfer prices for profit shifting and are exploring alternative mechanisms such as formulary apportionment for the allocation of taxing rights. With regard to this topic, this volume is the first to offer a concise analysis of transfer pricing in the international tax arena from an interdisciplinary legal and economic point of view. Fundamentals such as the efficient allocation of resources within multi-unit firms and distortions between different goals of transfer pricing as well as different aspects of it in tax and corporate law, the traditional OECD approach and practical aspects concerning intangibles, capital and risk allocation are covered by outstanding authors.
Law -- Economical aspects. --- Transfer pricing -- Taxation -- Law and legislation. --- Transfer pricing -- Taxation. --- Transfer pricing. --- Law, Politics & Government --- Commerce --- Business & Economics --- Law, General & Comparative --- Marketing & Sales --- Transfer pricing --- International business enterprises --- Taxation --- Law and legislation. --- Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Trade. --- Public finance. --- Law and economics. --- International Economic Law, Trade Law. --- Public Economics. --- Private International Law, International & Foreign Law, Comparative Law. --- Law and Economics. --- Private International Law, International & Foreign Law, Comparative Law . --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Cameralistics --- Public finance --- Currency question --- Public finances --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Civil law
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The contributions to this volume try to overcome the traditional approach of the judicature of the European Court of Justice regarding the application of the fundamental freedoms in direct taxation that is largely built on a non-discrimination test. In this volume, outstanding authors cover various aspects of the national and international tax order when European law meets domestic taxation. This includes testing traditional pillars of income taxation – ability-to-pay, source and residence, abuse of law, arm’s length standard – with respect to their place in the emerging European tax order as well as substantial matters of co-existence between different tax systems that are not covered by the non-discrimination approach such as mutual recognition, cross-border loss compensation or avoidance of double taxation. The overarching goal is to flesh out the extent to which a substantive “allocation of taxing powers” within the European Union is on its way to a convincing overall framework and to stretch the discussion “beyond discrimination”. .
Europe -- Economic policy. --- Expenditures, Public. --- Finance, Public. --- Finance. --- Taxation --- Intergovernmental tax relations --- Law and legislation --- Finance, Public --- Law. --- Tax accounting. --- Tax laws. --- Public finance. --- International law. --- European Economic Community literature. --- European Law. --- Financial Law/Fiscal Law. --- European Integration. --- Public Economics. --- Business Taxation/Tax Law. --- European Economic Community lite. --- Cameralistics --- Public finance --- Currency question --- Accounting --- Public finances --- Law—Europe. --- Tax laws --- Tax legislation --- Tax regulations --- Law --- Europe --- EU countries --- Euroland
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This book is a compilation of contributions exploring the impact of the European Treaty provisions regarding state aid on Member States’ legislation and administrative practice in the area of business taxation. Starting from a detailed analysis of the European Courts’ jurisprudence on Art.107 TFEU the authors lay out fundamental issues – e.g. on legal concepts like “advantage”, “selectivity” and “discrimination” – and explore current problems – in particular policy and practice regarding “harmful” tax competition within the European Union. This includes the Member States’ Code of Conduct on business taxation, the limits to anti-avoidance legislation and the options for legislation on patent boxes. The European Commission’s recent findings on preferential “rulings” are discussed as well as the general relationship between international tax law, transfer pricing standards and the European prohibition on selective fiscal aids.
International business enterprises --- Double taxation. --- Tax planning. --- Taxation --- Law and legislation. --- Tax avoidance --- Tax saving --- Double taxation --- International taxation (Double taxation) --- Taxation, Double --- Law and legislation --- Estate planning --- Conflict of laws --- Tax accounting. --- European Law. --- Business Taxation/Tax Law. --- International Economic Law, Trade Law. --- Finance, Public --- Accounting --- Law—Europe. --- Tax laws. --- International law. --- Trade. --- Tax laws --- Tax legislation --- Tax regulations --- Law of nations --- Nations, Law of --- Public international law --- Law
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The renowned authors of this ECFR special volume systematically develop legal standards and regulatory frameworks for closed corporations in Europe (including of course the Societas Privata Europaea), putting a strong focus on the economic practice and efficiency. The profound, in-depth analysis of the objectives and strategies comes to groundbreaking insights and also offers specific solutions for a multitude of practical aspects.
Close corporations. --- Close corporations --- Closed corporations --- Closely held corporations --- Corporation law --- Corporations --- Constructive dividends --- Going private (Securities) --- Law and legislation --- Company Law.
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Die geschlossene Kapitalgesellschaft stellt rund um den Globus die volkswirtschaftlich wichtigste Organisationsform dar. Gleichwohl kommt sie im internationalen rechtswissenschaftlichen Diskurs häufig zu kurz; ein US-amerikanischer Kollege hat sie deshalb einmal pointiert als "Waisenkind des Gesellschaftsrechts" (orphan of corporate law) bezeichnet. Vor diesem Hintergrund ist es ein lohnendes Unterfangen, die länderübergreifenden Konfliktlinien der close corporation herauszuarbeiten. Eine fünfköpfige Gruppe von deutschen Wissenschaftlern hat nun den Versuch unternommen, diese Forschungslücke zu schließen und "Prinzipien der geschlossenen Kapitalgesellschaft" in Europa ohne Rücksicht auf bestehende Gesetze oder Gesetzesvorhaben zu entwickeln. Die Untersuchung orientiert sich systematisch an den typischen Konfliktfeldern in einer geschlossenen Kapitalgesellschaft. Sie greift in hohem Maße auf rechtsvergleichende Erfahrungen und rechtsökonomische Erkenntnisse zurück und wirft immer wieder auch einen Seitenblick auf die im Entstehen begriffene Europäische Privatgesellschaft. The closed corporation is the most important economic form of business organization worldwide; however, it is often neglected in international academic legal discussions. The new special edition of the ZGR (Zeitschrift für Unternehmens- und Gesellschaftsrecht) attempts to fill this gap in research. The examination systematically addresses the typical areas of conflict with regard to a closed corporation. In do so, legally-based comparative experience and findings from business economics are applied, while the European private company is consistently taken into account.
Company law. Associations --- European Union --- Economics. --- Business. --- Economic theory --- Political economy --- Social sciences --- Economic man --- Trade --- Economics --- Management --- Commerce --- Industrial management --- Company Law. --- Comparative Law.
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The interaction of tax and corporate governance forms an emerging issue both in business and administrative practice and in academic research. International organisations (OECD, EC) have begun to explore the effects corporate governance rules exert on the tax policy of large business; governments try to employ corporate and securities law as a means to further their fiscal interest. Academic research shows that well-known principal-agent and capital market problems are strongly influenced by tax considerations. Against this background, this volume is the first to present a fully-fledged overview of the interdependence of tax and corporate governance. Not only the basic political, legal and economic questions but also major topics like income measurement, shareholding structures, corporate social responsibility and tax shelter disclosure are covered extensively by leading authors.
Corporations --- Corporate governance --- Taxation --- Law and legislation --- Governance, Corporate --- Industrial management --- Directors of corporations --- Business corporations --- C corporations --- Corporations, Business --- Corporations, Public --- Limited companies --- Publicly held corporations --- Publicly traded corporations --- Public limited companies --- Stock corporations --- Subchapter C corporations --- Business enterprises --- Corporate power --- Disincorporation --- Stocks --- Trusts, Industrial --- Tax accounting. --- Business Taxation/Tax Law. --- International Economic Law, Trade Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Finance, Public --- Accounting --- corporate governance --- impot des societes --- 336.01 --- 336.214 --- 658.40 --- AA / International- internationaal --- financieel beheer ondernemingen --- vennootschapsbelasting --- Overheidsbemoeiing op economisch gebied --- Belastingstelsel van de genootschappen --- Financieel beheer van de bedrijven: algemeenheden --- gestion financiere des entreprises --- Tax laws. --- International law. --- Trade. --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Tax laws --- Tax legislation --- Tax regulations --- Civil law --- Business tax --- Trade regulation. --- Comparative law. --- Business Taxation and Tax Law. --- Private International Law, International and Foreign Law, Comparative Law. --- Taxation. --- Law and legislation. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation
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