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The structure and organization of EU law in the field of direct taxes
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ISBN: 9789087222024 9789087222031 9087222025 9087222033 Year: 2013 Publisher: Amsterdam, The Netherlands : IBFD,

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Abstract

This book presents the functional subsystem of EU law on direct taxes as a complex adaptive network and researches it in an empirical manner.


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EC law and the sovereignty of the member states in direct taxation: thesis
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ISBN: 9789087220679 9087220677 Year: 2010 Publisher: Amsterdam IBFD

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Book
Introduction to European tax law: direct taxation
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ISBN: 9781907444111 9783707317640 Year: 2010 Publisher: London Spiramus


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EC free movement of capital, corporate income tax and third countries : four selected issues
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ISBN: 9789041127105 9041127100 Year: 2008 Volume: 9 Publisher: Alphen aan den Rijn: Kluwer law international,


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Taxation and the Peer-to-Peer Economy
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ISBN: 1484315278 1484315251 Year: 2017 Publisher: Washington, D.C. : International Monetary Fund,

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The growth of the peer-to-peer (P2P) economy over the last decade has captivated both stock markets and policymakers alike. While the means for transacting might be different to existing firm structures—with the emergence of digital platforms that connect individual buyers and sellers directly—the tax behavior of individuals operating in this new economy are very familiar. What is clear is that while the P2P economy has potentially exacerbated existing policy, administrative, and revenue-mobilization challenges associated with small business taxation—such as the choice of the tax base and how to set tax thresholds—, the technology behind P2P platforms presents a valuable opportunity to eventually solve them.

Direct taxation in relation to the freedom of establishment and the free movement of capital
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ISBN: 9041123636 9789041123633 Year: 2005 Volume: 9 Publisher: La Haye: Kluwer law international,


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The principle of non-discrimination in international and European tax law
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ISSN: 15707164 ISBN: 9789087221591 9789087221607 9087221592 Year: 2012 Volume: 24 Publisher: Amsterdam: IBFD,

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The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed. First, the partial overlap of the two non-discrimination rules may cause frictions. Complex triangular situations are possible, with conflicting rules giving rise to interpretation problems. A second issue discussed in this context is whether national courts of EU Member States are influenced by ECJ case law on the fundamental freedoms when interpreting the non-discrimination provision in tax treaties. Given the deficiencies of that provision, courts may be tempted to draw inspiration from the European standard. The relevant case law is discussed in order to determine whether there is indeed such an influence, and whether such an influence is appropriate.

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