Comparative Fiscal Federalism, Second Edition
EUCOTAX Series on European Taxation Volume 14
Comparative Fiscal Federalism provides a full-scale comparative analysis of the tax jurisprudence of the judicial systems of the European Union (EU) and the United States (US). Judicial review of taxation in the world’s two most economically significant multistate systems has exposed a remarkable divergence. Although there are important differences between the competences of the two tribunals, the fact remains that the European Court of Justice (ECJ) has been much more aggressive in striking down Member State income tax rules than has the US Supreme Court in comparable cases. This book – now in an updated second edition – asks: Why this divergence? And what can the two tribunals learn from each other about adjudicating issues that arise from the interaction of tax regimes in the context of a single market?
What’s in this book:
Among the contributory issues and topics covered are the following:
- conceptions of sovereignty and federalism;
- discrimination in direct tax matters as an obstacle to a meaningful single market;
- allocation of taxation competences;
- non-resident versus resident taxation;
- double burdens on cross-border economic activity;
- retroactive recovery of unlawful state aid in the European Union;
- role of competition law;
- the revenue interests of states;
- levels of corporate taxation;
- the OECD Model’s nondiscrimination rules; and
- the preliminary interpretation mechanism of the Court of Justice.
This book enables the comparison of the EU and US regime in adjudicating tax cases as well as the practical implications of these varying perspectives. This edition focuses on policy developments that are currently active and reflects all major changes since the first edition. The chapters, written by senior experienced authors of government and academic expertise, provide in-depth authoritative coverage of the policy-making options.
How this will help you:
As an insightful and penetrating analysis of a topic of material importance to governments, tax policy makers and tax lawyers on both sides of the Atlantic, this book clearly explains how the Supreme Court and the Court of Justice continue to struggle with the conflict between generally accepted tax principles and the effective prevention of discriminatory treatment of taxpayers. All tax professionals concerned with the interaction of sovereignty, tax assignment, legislation, and judicial decisions in tax law will benefit greatly from its clear-sighted and comprehensive treatment, as well as from its perspectives on the practical implications of each tribunal’s decision making.
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Preface to the First Edition
Preface to the Second Edition
Reuven S. Avi-Yonah & Michael Lang
PART I EU Perspective
CHAPTER 1 European Constitutional Integration: The Case of Direct Taxation
Gianluigi Bizioli & Claudio Sacchetto
CHAPTER 2 There is Life in the Old Dog Yet: Horizontal Comparability and the Establishment of the Internal Market
CHAPTER 3 Nondiscrimination and EU Direct Tax Law
CHAPTER 4 Nondiscrimination from the Perspective of the OECD Model and the Treaty on the Functioning of the European Union: Structural and Conceptual Issues
Kees van Raad & Alexander Bosman
CHAPTER 5 EU State Aid Control: Balancing Tax Benefits and Fair Competition in the Pursuit of an Internal Market
Raymond H.C. Luja
CHAPTER 6 Double Burdens on Cross-Border Economic Activity within the European Union
Servaas van Thiel
PART II U.S. Perspective
CHAPTER 7 The U.S. Supreme Court’s State Tax Jurisprudence: A Template for Comparison
CHAPTER 8 The Long Shadow of History: Sovereignty, Tax Assignment, Legislation, and Judicial Decisions on Corporate Income Taxes in the U.S. and the EU
Charles E. McLure Jr.
CHAPTER 9 Tax Discrimination: A Comparative Analysis of U.S. and EU Approaches
Tracy A. Kaye
CHAPTER 10 What Can the U.S. Supreme Court and the European Court of Justice Learn from Each Other’s Tax Jurisprudence?
Reuven S. Avi-Yonah