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A Vision of taxes within and outside European Borders by

A Vision of taxes within and outside European Borders

Edited by Luc Hinnekens, Philippe Hinnekens


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In return for the outstanding service rendered over many years by Frans Vanistendael, forty-five of the world’s notable taxation experts have prepared a festschrift in his honour. As scholar, teacher, advisor, and administrator, Professor Vanistendael (now emeritus) has played a role of great importance in the growth of our knowledge of taxation, and particularly in the development of EC taxation law.

Although discussion of the vital issues clustered around European taxation predominate in these thousand pages, many of the essays deal incisively with other areas of the field where Professor Vanistendael has left his mark, such as international tax systems, VAT theory, and cross-border tax arrangements. The authors include scholars, jurists, and leading taxation officials from a number of jurisdictions and international organisations, all of whom share gladly in this incomparable publishing venture. Their offering is a true tribute.

In building on the foundations laid by Professor Vanistendael’s many insights, these essays manifest the breadth of his scholarship and the depth of his commitment to the advancement of his chosen field. The result is a book that not only offers a stimulating, in-depth and useful insight into the many complexities, intricacies, and critical issues of taxation in today’s world, but also opens the way for further elaborations of Frans Vanistendael’s signal achievements

Publish Date 01/10/2008
Product Line Kluwer Law International
ISBN 9789041126405
SKU 10058805-0001
Table of Contents
Fifty Years of European Co-operation and the Tax Policy of the European Commission Henk P.A.M. van Arendonk L’e´volution de la fiscalite´ en Europe sous l’impulsion de la Commission: 50 ans du traite´ de Rome Michel Aujean Current Developments in Procedures for the Resolution of International Tax Disputes Hugh J. Ault Impact of the Preventive and Repressive Policies of Money Laundering in Tax Matters Jacques Autenne and Gauthier Parisis Categorising Income for the OECD Model 93 John Avery Jones The Belgian Rule against Abusive Practices in VAT Matters Luc De Broe Le chant du cygne de la retenue a` la source sur les dividends au sein de l’Union europe´enne? Christian Che´ruy The Discrete Charm of the VAT Graeme Cooper German ‘Anti-avoidance’ Measures versus Belgian Coordination Centres: A Long Struggle without Survivors? Axel Cordewener The Concept, History and Significance of European Tax Law (Private) Stefean Van Crombrugge Income not Otherwise Charged ¼ International and Community Taxation Problems: A Comparative Study of France, Germany and UK: Art. 21 OECD 259 Cyrille David From Global Tax Policy to Global Taxation: The Case of the Global Currency Transaction Tax Lieven A. Denys Abuse of Law: What Is the Value Added of the Tax Dimension? Vanessa Edwards and Paul Farmer The Precious Relationship between IAS/IFRS and CCCTB Peter Essers A Force of the European Constitution beyond its Formal Adoption: From Non-Discrimination Towards a Tax Equality Principle Augusto Fantozzi Cross-Border Dividend Taxation: Testing the Belgian Rules against the ECJ Case Law (or Testing the ECJ Case law against the Belgian Rules) Daniel Garabedian and Jacques Malherbe Is It Possible to Set a Coherent System of Rules on Direct Taxation under EC Law Requirements? F. Alfredo Garcı´a Prats Taxes as a Tool for Development: Improving Social, Economic and Territorial Cohesion Marı´a Amparo Grau Ruiz Treaties, Rules and Regulations: Some U.S. Perspectives on International Tax Cooperation Charles H. Gustafson Some Theoretical Thoughts on Judicial Power and Tax Law, with a Particular Focus on the ECJ Daniel Gutmann Taxation of Cross-Border Mergers in Belgium Axel Haelterman The International, European and Pluralistic Perspectives of Transfer Pricing Taxation Luc Hinnekens New Tax Treaty between Belgium and the United States: Additional Step Relating to the Application of the OECD Report on Partnerships in Belgian Tax Law Philippe Hinnekens The Internal Market Approach Should Prevail over the Single Country Approach Eric C.C.M. Kemmeren Past and Future of the 40-Year-Old EU VAT Han Kogels Wholly Artificial Arrangements Michael Lang and Sabine Heidenbauer ‘United in Diversity’-also In Fiscalibus? Koen Lenaerts The European Court of Justice and Domestic Law of Tax Procedure: A Critical Analysis Guglielmo Maisto A Comparison of the Treaty Freedoms in the EC Treaty with Respect to Direct Taxation Gerard Meussen Will Case Law Do? Leif Mute´n On Anti-Discrimination Provisions and Permanent Establishments in ‘Bilateral Triangular Situations’ Bernard Peeters The Protection of the Right to Property in Article 1 of the First Protocol to the European Human Rights Convention Limiting the Fiscal Power of States Bruno Peeters Taxation of Non-Resident Taxpayers (Portugal) Manuel Pires European Direct Tax Law: Quo Vadis? Pasquale Pistone Application of Tax Treaties to Items of Income that Are Covered by More Than One Distributive Provision Kees van Raad Liber Amicorum Frans Vanistendael: German Experience with Apportioning Taxes Albert J. Radler Intangible Assets and Transfer Prici