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Tax Sovereignty in the BEPS Era
Tax Sovereignty in the BEPS Era
Series on International Taxation Volume 60
Tax Sovereignty in the BEPS Era focuses on how national tax sovereignty has been impacted by recent developments in international taxation, notably following the OECD/G-20 Base Erosion and Profit Shifting (BEPS) Project. The power of a country to freely design its tax system is generally understood to be an integral feature of sovereignty. However, as an inevitable result of globalization and income mobility, one country’s exercise of tax sovereignty often overlaps, interferes with or even impedes that of another. In this collection of chapters, internationally respected practitioners and academics reveal how the OECD’s BEPS initiative, although a major step in the right direction, is insufficient in resolving the tax sovereignty paradox. Each contribution deals with different facets of a single topic: How tax sovereignty is shaped in a post-BEPS world.
What’s in this book:
Following a country-by-country reporting structure, the contributors provide an in-depth analysis of such relevant issues as the following:
- why multilateral cooperation and soft law consensus are the preferred solutions to a loss of autonomy over national tax policy;
- how digital commerce has upended traditional notions of source and residence;
- why residence and source continue to be the two essential building blocks of tax sovereignty and the backbone of the international tax system;
- how developing countries can take advantage of the new international tax architecture to ensure that their voices are truly shaping the standards; and
- transfer pricing reform.
How this will help you:
This book helps readers navigate in these uncertain BEPS times, as well as provides insightful assessments on how countries’ tax policies might change in the near future. Through these chapters the authors provide authoritative commentaries on the necessary preconditions for exercising the power to tax in today’s world and the impacts of the emergence of the digital economy. Their perspectives and recommendations prove to be highly essential to all policymakers, legislators, practitioners, and academics in the international taxation arena regarding information that is essential for interpretation and decision-making in the current international tax environment.
Part I The Essential Paradox of Tax Sovereignty
Chapter 1 BEPS and the Power to Tax
Chapter 2 Tax Sovereignty and Digital Economy in Post-BEPS Times
Ramon Tomazela Santos & Sergio André Rocha
CHAPTER 3 Justification and Implementation of the International Allocation of Taxing Rights: Can We Take One Thing at a Time?
Luís Eduardo Schoueri & Ricardo André Galendi Júnior
Chapter 4 An Essay on BEPS, Sovereignty, and Taxation
Part II Challenge to the Foundational Principles of Source and Residence
Chapter 5 Evaluating BEPS
Reuven S. Avi-Yonah & Haiyan Xu
Chapter 6 Jurisdictional Excesses in BEPS’ Times: National Appropriation of an Enhanced Global Tax Basis
Guillermo O. Teijeiro
Chapter 7 Taxing the Consumption of Digital Goods
Part III Acceptance and Implementation of Consensus by Differently-Situated States
Chapter 8 The Birth of a New International Tax Framework and the Role of Developing Countries
Chapter 9 The Other Side of BEPS: “Imperial Taxation” and “International Tax Imperialism”
Sergio André Rocha
Chapter 10 Country-by-Country Over-Reporting? National Sovereignty, International Tax Transparency, and the Inclusive Framework on BEPS
Romero J.S. Tavares
Chapter 11 How Are We Doing with BEPS Recommendations in the EU?
Tomas Balco & Xeniya Yeroshenko
Chapter 12 U.S. Tax Sovereignty and the BEPS Project
Tracy A. Kaye
- This book focuses on how national tax sovereignty has been impacted by recent developments in international taxation, notably following the OECD/G-20 BEPS Project.
- It features chapters by a diverse selection of authors from different parts of the world who contributed their views on how tax sovereignty is being reshaped, including topics such as the impacts of the emergence of the digital economy, country-by-country reporting, and the relations of developed and developing countries in the context of current international tax law.
- This book is intended for academics, researchers, policy makers, and practitioners alike. It provides information that is essential for interpretation and decision-making in the current international tax environment.
- The contributions to this book will help readers navigate in these uncertain BEPS times, as well as provide insightful assessments on how countries’ tax policies might change in the near future.
Sergio André Rocha is a tenured professor of tax and finance law at the Rio de Janeiro State University. He holds a master degree and a PhD in Law, and a Post-Doctorate ("Livre-Docente") in Tax Law from the University of São Paulo. Sergio André started his professional career in 1998 at the audit and consulting firm Arthur Andersen. In 2010, he became a tax partner at EY, serving as a tax advisory partner, a tax policy and controversy partner, and an international tax partner. In June 2016, founded Sergio André Rocha Advocacia & Consultoria Tributária. His work is focused mainly in international taxation and cross-border transactions, corporate restructuring, and direct taxation. Sergio André is the Vice-President of the Brazilian Society of Tax Law ("SBDT"), serving as a Director of the Brazilian IFA Branch ("ABDF"), and a Council Member at the Brazilian Institute of Tax Law ("IBDT").
Allison Christians is the H. Heward Stikeman Chair in the Law of Taxation at the McGill University Faculty of Law where she teaches and writes on national, comparative, and international tax law and policy. She focuses especially on the relationship between taxation and economic development; the role of government and non-government institutions and actors in the creation of tax policy norms; and the intersection of taxation and human rights. She has written numerous scholarly articles, essays, and book chapters, as well as editorials, columns, and articles in professional journals, addressing a broad array of topics, and has been named one of the “Global Tax 50” most influential individuals in international taxation. Recent research focuses on the role of activists in reforming disclosure rules for multinational companies; evolving international norms of tax cooperation and competition; the relationship between tax and trade; and evolving conceptions of taxpayer rights. Professor Christians also engages on topics of tax law and policy via social media with her Tax, Society, and Culture blog and on twitter @taxpolblog.