Uganda’s tax treaties: a legal and historical analysisMartin Hearson
This document summarizes a presentation on Uganda's tax treaties given in Arusha, Tanzania in December 2014. It discusses Uganda's motivations and objectives for signing tax treaties in the past, issues with the current treaties, and options for Uganda's tax treaty policy going forward. Some of the key points made include that Uganda's past motivations like tax sparing provisions are now outdated, the treaties do little to attract investment, and many are vulnerable to treaty shopping abuse. The presentation argues Uganda should comprehensively review its treaty network and negotiating positions.
Presentation at the European Economic & Social Committee hearing on 'EU development partnerships and the challenge posed by international tax agreements'
This document discusses tax havens and offshore financial centers (OFCs). It defines tax havens as jurisdictions that use laws and secrecy to help other entities avoid taxes in other jurisdictions. OFCs are defined as jurisdictions that provide disproportionate financial services to non-residents. Key characteristics of tax havens and OFCs are low or no taxes, strong protections on financial privacy, and lack of transparency. Examples of tax havens include Luxembourg, Switzerland, and Delaware. Examples of OFCs include the Bahamas, Bermuda, and Switzerland. OFCs specialize in services like shipping/aircraft registration, insurance, banking, and collective investment vehicles.
This document provides an introduction to international taxation and tax treaties. It begins with definitions of key concepts like globalization and international taxation. It then discusses tax treaties, including their objectives, evolution, models, and structure. The document outlines the prominent articles in tax treaties, including those related to definitions, distributive provisions, and anti-avoidance measures. It also discusses how tax treaties are interpreted and concepts like permanent establishment. Overall, the document aims to introduce fundamental aspects of international taxation and tax treaty frameworks.
This document provides an overview of international taxation. It discusses the author's background working in international tax. It then defines international taxation, noting there are no international tax laws and it involves the interaction of multiple countries' tax laws and rules applied to cross-border transactions. Key topics in international taxation are also listed. The document discusses the features of international taxation, including differences in tax systems, rates, and practices between countries. It provides a brief history of developments in international taxation laws. It also summarizes the growth of the author's former employer's international tax practice over time. Examples of cross-border transactions are given along with risks involved in determining tax residence and source of income. Basic principles of international taxation including capital export neutrality
Trends in the conclusion of tax treaties by developing countriesMartin Hearson
This document summarizes key points from a presentation on trends in tax treaties between developing and developed countries. It finds that while most developing country treaties follow the OECD model, treaty terms have slowly begun to favor developing countries more with lower withholding tax rates balanced by broader permanent establishment definitions and more rights to tax services. However, many treaties were signed decades ago and do not reflect modern norms. While treaties may signal openness, evidence suggests they do little to increase investment and often redistribute tax revenue from poor to rich nations. Developing countries often agree to treaties for political reasons rather than clear economic benefits.
China's transfer pricing system has developed significantly in recent years. The key points are:
1) China established its transfer pricing legal framework in 1991 and strengthened the laws in 2007, adopting the arm's length principle.
2) Transfer pricing audits were initially focused on tangible goods but now include intangibles, services, and equity shares. Guidelines were issued in 2009 and audit cases have increased annually.
3) Bilateral and multilateral APAs have been signed to provide certainty, with the first report issued in 2010. A "three in one" anti-avoidance system was created involving administration, services, and investigation.
4) Special considerations for Chinese factors include location savings, market premium,
Uganda’s tax treaties: a legal and historical analysisMartin Hearson
This document summarizes a presentation on Uganda's tax treaties given in Arusha, Tanzania in December 2014. It discusses Uganda's motivations and objectives for signing tax treaties in the past, issues with the current treaties, and options for Uganda's tax treaty policy going forward. Some of the key points made include that Uganda's past motivations like tax sparing provisions are now outdated, the treaties do little to attract investment, and many are vulnerable to treaty shopping abuse. The presentation argues Uganda should comprehensively review its treaty network and negotiating positions.
Presentation at the European Economic & Social Committee hearing on 'EU development partnerships and the challenge posed by international tax agreements'
This document discusses tax havens and offshore financial centers (OFCs). It defines tax havens as jurisdictions that use laws and secrecy to help other entities avoid taxes in other jurisdictions. OFCs are defined as jurisdictions that provide disproportionate financial services to non-residents. Key characteristics of tax havens and OFCs are low or no taxes, strong protections on financial privacy, and lack of transparency. Examples of tax havens include Luxembourg, Switzerland, and Delaware. Examples of OFCs include the Bahamas, Bermuda, and Switzerland. OFCs specialize in services like shipping/aircraft registration, insurance, banking, and collective investment vehicles.
This document provides an introduction to international taxation and tax treaties. It begins with definitions of key concepts like globalization and international taxation. It then discusses tax treaties, including their objectives, evolution, models, and structure. The document outlines the prominent articles in tax treaties, including those related to definitions, distributive provisions, and anti-avoidance measures. It also discusses how tax treaties are interpreted and concepts like permanent establishment. Overall, the document aims to introduce fundamental aspects of international taxation and tax treaty frameworks.
This document provides an overview of international taxation. It discusses the author's background working in international tax. It then defines international taxation, noting there are no international tax laws and it involves the interaction of multiple countries' tax laws and rules applied to cross-border transactions. Key topics in international taxation are also listed. The document discusses the features of international taxation, including differences in tax systems, rates, and practices between countries. It provides a brief history of developments in international taxation laws. It also summarizes the growth of the author's former employer's international tax practice over time. Examples of cross-border transactions are given along with risks involved in determining tax residence and source of income. Basic principles of international taxation including capital export neutrality
Trends in the conclusion of tax treaties by developing countriesMartin Hearson
This document summarizes key points from a presentation on trends in tax treaties between developing and developed countries. It finds that while most developing country treaties follow the OECD model, treaty terms have slowly begun to favor developing countries more with lower withholding tax rates balanced by broader permanent establishment definitions and more rights to tax services. However, many treaties were signed decades ago and do not reflect modern norms. While treaties may signal openness, evidence suggests they do little to increase investment and often redistribute tax revenue from poor to rich nations. Developing countries often agree to treaties for political reasons rather than clear economic benefits.
China's transfer pricing system has developed significantly in recent years. The key points are:
1) China established its transfer pricing legal framework in 1991 and strengthened the laws in 2007, adopting the arm's length principle.
2) Transfer pricing audits were initially focused on tangible goods but now include intangibles, services, and equity shares. Guidelines were issued in 2009 and audit cases have increased annually.
3) Bilateral and multilateral APAs have been signed to provide certainty, with the first report issued in 2010. A "three in one" anti-avoidance system was created involving administration, services, and investigation.
4) Special considerations for Chinese factors include location savings, market premium,
International Taxation - Tax Research PaperKesha Haley
*Please do not use any material in this document without proper citation. The use of any material in this document without such citation constitutes plagiarism. Thank you.*
This paper was completed in partial satisfaction of course requirements for ACCT 8570(2) - International Taxation - at Kennesaw State University during the Summer 2009 eight week semester. The paper outlines the effect of the international taxation policy reform that President Obama has proposed, specifically the change in the deductibility of foreign expenses before the recognition of foreign income. The reform is intended to force MNCs to recognize income and pay taxes sooner on earnings that previously would not have been repatriated for a long time, if at all, and/or to invest more resources in the U.S. rather than on outsourcing certain aspects of operations.
This document provides an overview of international taxation concepts. It discusses how residency is a key factor in determining tax jurisdiction, as countries either tax worldwide income for residents or only income from domestic sources for non-residents. There can be conflicts when countries define residency differently, such as based on place of incorporation versus management and control, which can lead to double taxation. Treaties aim to resolve such conflicts but different countries take different approaches in their treaties. The concepts of residency, jurisdiction, and relief from double taxation are important aspects of international tax.
This PPT is mainly on the basics of International Taxation which is confusing for many students and many professionals too nowadays. During this evolving world of multinational culture, International Taxation has gained significant importance of which all the professionals should be aware of.
I have tried to compile the concepts of international taxation in this PPT except the concept of Transfer Pricing which in itself is like a whole book.
I have inserted the core concepts which lead to the emergence of International Taxation in India.
1) Ghana signed tax treaties with Switzerland and the Netherlands in 2008 that reduced the royalty and technical service fee taxes Ghana could collect on payments flowing out of the country from 15% to 8%, resulting in increased tax losses.
2) Tax treaties are not always necessary to prevent double taxation and empirical studies do not find they increase investment, while they always result in developing countries giving up some taxing rights to developed countries.
3) Developing country tax officials are often not well trained in international taxation and tax treaties, leading to weaker negotiating positions and treaties that more strongly reflect the positions of developed country partners.
The document discusses several topics related to international taxation and reforms that could benefit developing countries. It addresses two main questions: 1) How can international tax rules be reformed long-term to benefit developing countries? 2) What are short-term measures for small developing countries to protect their corporate tax base? The document also summarizes work done by ICTD on taxing multinational corporations, transfer pricing issues, the BEPS project, digital taxation, minimum taxes, safe harbors, and tax treaties.