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Jeffrey Owens. Global Tax Governance. Taxation on Digital Economy, Transfer Pricing and Litigation in Tax Matters (MAPs + ADR) Policies for Global Sustainability. Ongoing U.N. 2030 (SDG) and Addis Ababa Agendas
GLOBAL TAX GOVERNANCE. Taxation on Digital Economy, Transfer Pricing and Litigation in Tax Matters (MAPs + ADR). Tax Policies for Global Sustainability. Ongoing U.N. 2030 (SDG) and Addis Ababa Agendas
Authors
Index
Presentation 1. New Framework on Taxation of Digital Economy: Challenges and Opportunities of Digitalization for EU Tax Systems
1. GETTING THE RIGHT BALANCE BETWEEN RISKS AND OPPORTUNITIES OF DIGITALIZATION
2. WHAT IS AT STAKE FOR THE EU IN THE CURRENT DEBATE ON INTERNATIONAL TAX RULES?
3. WHAT CRITERIA SHOULD COMMENTATORS USE TO JUDGE ANY OUTCOME?
Presentation 2. International Tax Cooperation. A Work in Progress
Presentation 3. Taxation of the digital economy: challenges for the policy makers
Presentation 4. THE DIGITALIZATION OF TAX ADMINISTRATIONS: A COMMON DENOMINATOR OF COMPLIANCE RISK MANAGEMENT PROCESSES. The EUROPEAN UNION (E.U.) Risk Management for Tax Administrations Model
1.– CONTEXT
2.– OBJECTIVE
3.– STRATEGIES
Presentation 5. A long and complicated chess match. The role of the european commission in the oecd/g20’s current debate on the taxation of the digital economy*
INTRODUCTION
TAXATION ISSUES
THE TAXATION OF THE DIGITAL ECONOMY
Presentation 6. COVID 19: the challenges for international taxation
INTRODUCTION
PERMANENT ESTABLISHMENT
TRANSFER PRICING
LOOKING FORWARD
Presentation 7. The crucial role of fiscal electronic documents for increasing tax compliance
Presentation 8. Efficiency of tax administrations in the digital and global economy of the 21st century
Chapter 1. UNITED NATIONS: global digital economy and disruptive technologies to prevent the tax fraud and the tax noncompliance
EXECUTIVE SUMMARY
THE GLOBAL TAX GAP AND ADMINISTRATIVE COST
CHALLENGES OF THE DIGITAL ECONOMY
DIGITIZED FRAUD
THE CHALLENGING PACE OF TECHNOLOGY
TODAY: MORE DATA FASTER
UNLOCKING VALUE WITH MACHINE LEARNING
UNLOCKING TRUST WITH BLOCKCHAIN TECHNOLOGY
TOMORROW: DIGITAL COOPERATIVE COMPLIANCE
INCENTIVES FOR COOPERATION
THE FUTURE OF MONEY: CENTRAL BANK DIGITAL CURRENCIES
CONCLUSION
Chapter 2. A critical exam of the reasons put forward to support new tax measures for overcoming the challenges created by digitalisation
1. INTRODUCTION
2. SCOPE OF THIS CONTRIBUTION
3. JUSTIFICATIONS PUT FORWARD TO SUPPORT LEGISLATIVE MEASURES AND INITIATIVES. 3.1. INTRODUCTION
3.2. EQUALITY CONCERNS
3.3. OVERCOMING THE CONSTRAINT CREATED BY THE PHYSICAL PRESENCE REQUIREMENT
3.4. RESTORING INTERNATIONAL TAX JUSTICE BY ACKNOWLEDGING THE MARKET
3.5. REDUCE JURISDICTION-SHOPPING OPPORTUNITIES AND PROFIT SHIFTING STRATEGIES BY DIGITAL BUSINESS
4. CONCLUSIONS
Chapter 3. Toward a global consensus on the taxation of the digital economy, included as one of the general bases of a Global Framework Agreement on International Tax Cooperation and Global Tax Governance. Researching in global policy/rulemaking (going on UN 2030 and AAAA agendas)
I. PRECEDENTS ON THE INTERNATIONAL GLOBAL TAX AGREEMENT FOR LARGE MULTILATERAL ENTERPRISES: GREAT CHALLENGES OF THE DIGITAL ECONOMY TAXATION IN A CHANGING AND COMPLEX ENVIRONMENT MARKED BY “ACTIONS I AND II” OF OECD BEPS PLAN (G-7; G-20/OCDE AND BEPS INCLUSIVE FRAMEWORK, AGREEMENTS)
II. GLOBAL MODELS’ PROPOSALS ON DIGITAL ECONOMY TAXATION IN THE FRAMEWORK OF A NEW GLOBAL TAX AGREEMENT ON INTERNATIONAL TAX COOPERATION, TRADE AND INTERNATIONAL TAX GOVERNANCE. RESEARCH IN GLOBAL POLICY/RULEMAKING
2.1. GENERAL PROPOSAL: TOWARDS A GLOBAL TREATY THAT INCLUDES THE BROAD BASES OF INTERNATIONAL TAX COOPERATION AND GLOBAL TAX GOVERNANCE
2.2. SPECIFIC PROPOSAL ON THE CHALLENGES OF THE DIGITAL ECONOMY TAXATION: TOWARD A VIRTUAL PERMANENT ESTABLISHMENT AND A GLOBAL FIX TAX GOING ON THE UN 2030 AGENDA AND ADDIS ABABA ACTION AGENDA (AAAA)
III. CAUSES AND ISSUES GENESIS. STATE OF THE ART OF THE INTERNATIONAL TAX ORDER: TOWARDS A GOOD GLOBAL TAX GOVERNANCE WITH SPECIAL REFERENCE TO THE CHALLENGES DERIVED FROM THE TAXATION OF THE DIGITAL ECONOMY. POLICY/RULE MAKE PROPOSALS ON GLOBAL TAX GOVERNANCE. 3.1. ABOUT THE SHORTCOMINGS OF THE INTERNATIONAL TAX ORDER: STANDARDS OF POLICYMAKING AND RULE-MAKING ON INTERNATIONAL TAX LAW
3.2. RELUCTANCE OF SOME STATES TO COOPERATE IN TAX MATTERS
3.3. LACK OF GLOBAL AUTHORITY ON INTERNATIONAL TAXATION AND GLOBAL TAX GOVERNANCE
3.4. EXPANSION OF THE MATERIAL SCOPE OF INTERNATIONAL TAXATION
3.5. THE CODIFICATION AND PROGRESSIVE DEVELOPMENT OF PUBLIC INTERNATIONAL LAW
Chapter 4. European Union: the last trends on taxation of the digital economy and the italian perspective
INTRODUCTION
1. TAXATION OF MULTINATIONAL COMPANIES AND DIGITALISATION OF THE ECONOMY
2. DIGITALISATION IN THE OECD ACTION PLAN
3. THE OECD TURNING POINT: APPROVAL OF THE UNIFIED APPROACH AND THE BLUEPRINT (2020)
4. THE DIRECTIVES PROPOSED BY THE EUROPEAN UNION
5. THE INTRODUCTION OF A TAX ON DIGITAL SERVICES IN ITALY
6. CONCLUSION
Chapter 5. VAT: global trends adapting VAT/GST164
1. INTRODUCTION. VAT REFORM AND THE CHALLENGES OF THE DIGITAL ECONOMY. 1.1. THE NEW CROSS-BORDER E-COMMERCE REGIME AS AN ADVANCED COMPONENT OF THE 2016 VAT PLAN
1.2. REDUCED RATES AND ELECTRONIC PUBLICATIONS: DIRECTIVE (EU) 2018/1713
2. BACKGROUND ON THE TAXATION OF E-COMMERCE IN THE COMMON VAT SYSTEM (2003-2018) 2.1. REMOTE BACKGROUND: TREATMENT OF THE ELECTRONICALLY SUPPLIED SERVICES BETWEEN 2003 AND 2014
2.1.1. The Directive 2002/38/EC as the first temporary adjustment of VAT for electronic services: review of the location rules and introduction of a special scheme for services provided by non-EU suppliers to final consumers in the EU
2.1.2. Successive extensions of the special treatment of electronic services until the end of 2014: from Directive 2006/58/EC to Directive 2008/8/EC
2.1.3. Exclusion of tangible goods transactions (indirect e-commerce or off-line)
2.2. IMMEDIATE BACKGROUND: TREATMENT OF ELECTRONICALLY SUPPLIED SERVICES BETWEEN 2015 AND 2018
2.2.1. Extension of the criterion of taxation at destination to intra-EU services electronically supplied to final consumers
2.2.2. Introduction of a second special system for services of EU suppliers to EU final consumers
3. AMENDMENTS TO THE VAT SCHEME OF E-COMMERCE APPROVED IN 2017 AND 2019. 3.1. SCOPE AND CONTEXT OF THE REFORM
3.2. EFFECTIVE AMENDMENTS FROM 2019. 3.2.1. Rules for locating of the services supplied electronically to final consumers: introduction of a mixed scheme of taxation at source/destination for EU suppliers
3.2.2. Measures of simplification for taxable persons associated with the special one stop shop scheme of electronic services
3.3. AMENDMENTS EFFECTIVE FROM 1 JULY 2021
3.3.1. New scheme of intra-Community distance sales of goods
3.3.2. Redefining of the role of intermediaries in e-commerce transactions
3.3.3. More outstanding aspects of the new scheme for the importation of goods for final consumers
3.3.4. Extension of typology of the special scheme of the one stop shop (OSS)
4. CONCLUSION
Chapter 6. Robotics, Artificial Intelligence & Big Data shaping Fair Taxation for Sustainability in the context of Digital Economy
I. TAXATION FOR SUSTAINABILITY
II. THE DIGITALIZED ECONOMY AS A CHANGING CONTEXT
III. VENUES OPENED THROUGH THE AVAILABILITY OF NEW MEANS: ROBOTICS, ARTIFICIAL INTELLIGENCE & BIG DATA. 1. THE AVAILABILITY OF DIGITAL TOOLS AS A CONDITIONING FACTOR OF LEGAL EVOLUTION
2. FORECASTS OF MASSIVE USE OF DIGITAL TOOLS BY SPANISH TAX LAW
3. THE NECESSARY LINKAGE BETWEEN FINANCIAL AND NON-FINANCIAL INFORMATION FOR TRUE SUSTAINABLE DEVELOPMENT
4. THE CONTROL OF TAX INCENTIVES FOR SUSTAINABILITY AS A FIRST STEP
IV. FINAL REMARKS
Chapter 7. The New E-Commerce Vat In 2021
I. INTRODUCTION.232
II. COMMUNITY LEGISLATION REFORMING VAT ON E-COMMERCE
III. ESSENTIAL CHANGES TO VAT ON E-COMMERCE PROVIDED FOR IN DIRECTIVE 2017/2455, APPLICABLE ON 1 JULY 2021. III.1. GENERAL IDEA
III.2. NEW SYSTEM FOR INTRA-COMMUNITY DISTANCE SALES OF GOODS
III.3. MATERIAL AND FORMAL TAX DUTIES OF INTERMEDIARIES IN E-COMMERCE TRANSACTIONS. III.3.1. General idea
III.3.2. Electronic intermediaries in intra-community transactions
III.3.3. Electronic intermediaries in imports of goods
III.4. MAIN ELEMENTS OF THE NEW TAX REGIME FOR THE IMPORTATION OF GOODS FOR FINAL CONSUMERS. III.4.1. General idea
III.4.2. Removal of the exemption for low-value imports
II.4.3. New special tax arrangements applicable to distance sales of goods imported from third territories or third countries
III.4.4. Creation of the exemption for distance sales of imported goods
Chapter 8. Towards a tax on a digital services: an approach from Spain
1. INTRODUCTION
2. THE SPANISH IMPUESTO SOBRE DETERMINADOS SERVICIOS DIGITALES (ISDI) IN THE INTERNATIONAL CONTEXT PRIOR AND SIMULTANEOUS TO ITS ESTABLISHMENT
3. CONTROVERSIAL ASPECTS OF SPANISH TAXATION
4. CONCLUSIONS
5. INTERNATIONAL REFERENCES AND SPANISH BIBLIOGRAPHY
Chapter 9. Characterization and Valuation Issues in Data Collection Business
INTRODUCTION
FEATURES OF THE DIGITAL ECONOMY VIS-A-VIS THE INTERNATIONAL TAX LAW
CONCLUSION
Chapter 1. Pillar One and Transfer Pricing Rules: An Expert Critical Assessment
INCLUSION OF INVESTIGATION OF A UNIFORM APPROACH TO WITHHOLDING TAX
NEXUS AND ECONOMIC PRESENCE
SUBSTITUTION OF THE “DEPENDENT AGENT” TERM FOR THE “VIRTUAL AGENCY” TERM
EXCLUSION OF ACTIVITIES THAT DOES NOT INVOLVE HUMAN INTERVENTION (INCLUDING DEPENDENT AGENTS)
EXCLUSION OF A SERVER AS A LOCATION TO ESTABLISH PE
THE ACTIVITY TEST TO DEFINE THE SCOPE OF AMOUNT A
THE DESIGN OF A SPECIFIC AMOUNT A REVENUE THRESHOLD (IN ADDITION TO A GLOBAL REVENUE THRESHOLD) TO EXCLUDE LARGE MNES THAT HAVE A DE MINIMIS AMOUNT OF FOREIGN SOURCE IN-SCOPE REVENUE
THE “PLUS FACTORS”
Chapter 2. Global Perspective of BEPS Transfer Pricing Rules in Latin America – The Influence Over Argentina, Chile, Brazil, Paraguay, Uruguay and Venezuela435
INTRODUCTION
1) BRAZIL
2) ARGENTINA
3) PARAGUAY
4) URUGUAY
5) VENEZUELA
Chapter 1. European Union Studies on cross-border Litigation Systems in Tax Matter
1. THE PURPOSE AND MAIN OBJECTIVES OF THE DIRECTIVE ON TAX DISPUTE RESOLUTION MECHANISM (DRM)
2. THE SCOPE OF THE DIRECTIVE
3. FIRST STAGE OF THE PROCEDURE: SUBMISSION AND ACCEPTANCE OR REJECTION OF A COMPLAINT
4. SECOND STAGE: MUTUAL AGREEMENT PROCEDURE
5. THIRD STAGE: TOWARDS A FINAL DECISION BY RECOURSE TO AN ADVISORY COMMISSION. 5.1. AIM, ROLE AND CREATION OF THE ADVISORY COMMISSION
5.2. THE MEMBERS OF THE ADVISORY COMMISSION
5.3. THE LIST OF INDEPENDENT PERSONS OF STANDING
5.4. THE RULES OF FUNCTIONING OF THE ADVISORY COMMISSION
5.5. INFORMATION, EVIDENCE AND HEARING
5.6. COSTS OF THE PROCEDURE
5.7. ALTERNATIVE DISPUTE RESOLUTION COMMISSION
5.8. THE FINAL DECISION
5.9. INTERACTION WITH NATIONAL PROCEEDINGS. 5.9.1. Compatibility with national appeals
5.9.2. Interaction with other mutual agreement procedures
5.9.3. Exclusion of the procedure in case of penalties
5.9.4. Exclusion of the procedure when there is no double taxation
BIBLIOGRAPHY
Chapter 2. New International Perspectives for Dispute Prevention and Resolution: BEPS, The Digital Economy Debate and Beyond
1. INTRODUCTORY REMARKS
2. PERSPECTIVES SURROUNDING PILLAR ONE (ADDRESSING THE TAXATION OF THE DIGITALISED ECONOMY ON THE BASIS OF NEW PROFIT ALLOCATION RULE) 2.1. IMPLEMENTATION
2.2. THE CONNECTION BETWEEN MONITORING, DISPUTE PREVENTION AND DISPUTE RESOLUTION
2.3. THE INCREASED ROLE OF PRE-DETERMINATIONS AND SAFE HARBOURS
2.4. DISPUTE RESOLUTION “AD INTRA”: RESOLVING POSSIBLE OVERLAPS OF DIFFERENT AMOUNTS FORESEEN BY PILLAR ONE
3. PERSPECTIVES SURROUNDING PILLAR TWO (INTERNATIONAL TAX REFORM PROPOSAL BASED ON A GLOBAL MINIMUM TAX APPROACH)
4. CONCLUDING REMARKS
Chapter 3. Taxpayers’ rights in trans-border disputes on tax matters
1. INTRODUCTION: A PLETHORA OF CROSS-BORDER DISPUTE RESOLUTION MECHANISMS
2. THE RIGHTS OF THE TAXPAYER IN TRANS-BORDER DISPUTE RESOLUTION MECHANISMS
3. TOWARDS GREATER PROTECTION OF TAXPAYER RIGHTS IN MAP AND ARBITRATION: THE CASE OF THE EU DISPUTE RESOLUTION DIRECTIVE
4. CONCLUDING REMARKS
Chapter 4. The role of the ECJ as a court of arbitration in the international tax arena: considerations about the ECJ decision in Austria v. Germany, C-648/15
I. INTRODUCTION
II. THE AUSTRIA V GERMANY CASE: FIRST CASE WHERE THE CJEU WAS CALLED UPON TO ACT AS AN ARBITRATOR IN AN INTERSTATE DISPUTE
III. THE CJEU’S DECISION IN AUSTRIA V GERMANY AS REGARDS THE CONDITIONS LAID DOWN IN ARTICLE 273 TFEU ALLOWING IT TO ACT AS AN ARBITRATOR IN INTERSTATES DISPUTES
IV. WHEN A CERTAIN DISPUTE CAN BE SAID TO RELATE TO THE SUBJECT MATTER OF THE TREATIES? THE NEED FOR THE DISPUTE TO HAVE AN OBJECTIVELY IDENTIFIABLE LINK WITH THE SUBJECT MATTER OF THE TREATIES
V. DOES A DISPUTE OVER DOUBLE TAXATION HAVE AN OBJECTIVELY IDENTIFIABLE LINK WITH THE SUBJECT MATTER OF THE TREATIES?
VI. FINAL CONSIDERATIONS
BIBLIOGRAPHY
Chapter 5. The fight against money laundering and the jurisprudence of the Court of Justice of the European Union
I. INTRODUCTION. 1. THE FINANCIAL ACTION TASK FORCE AND THE RECOMMENDATIONS AGAINST MONEY LAUNDERING
2. THE CREATION OF INSTANCES COMPLEMENTING THE ACTION OF THE FINANCIAL ACTION TASK FORCE
3. THE FINANCIAL INFORMATION UNITS
II. THE IMPLEMENTATION OF THE FINANCIAL ACTION TASK FORCE RECOMMENDATIONS IN THE EUROPEAN UNION
III. CONTROL OF THE APPLICATION OF THE DIRECTIVES BY THE COURT OF JUSTICE OF THE EUROPEAN UNION
IV. FINAL CONSIDERATIONS
BACKGROUNDS
