The paper looks at a concept in international taxation that has gained prominence and declined more quickly than any other, namely the idea that the international allocation of taxing rights should be shifted back to "where the value is created". It focuses on the question of what we can learn...

In his David R. Tillinghast Lecture given at NYU in 1998, H. David Rosenbloom presented the tax world with a critical view as to the existence of an “international tax regime”. Has the world changed since? On the one hand there is a strong move towards international tax coordination,...

The European Union is in the process to establish “public country-by-country reporting” as a new and wide reaching obligation for multinationals to disclose tax-relevant numbers to a global audience, going beyond the OECD consensus which combined cross-border exchange of reports with...

In his David R. Tillinghast Lecture given at NYU in 1998, H. David Rosenbloom presented the tax world with a critical view as to the existence of an "international tax regime". Has the world changed since then? On the one hand, there is a strong move towards international tax coordination,...

One of the standard requirements of company law is the restriction of distributions to shareholders in order to protect the legitimate interests of the company's creditors. As lawful dividends don't have to be paid back when the company runs into losses at a later stage, we need a measuring rod...

One of the aims of the BEPS Action Plan is to reduce existing leeway for multinational enterprises to shift profits by exploiting transfer pricing rules. Profit allocation is meant to be aligned with “real activity” and “value creation.” This article is devoted to the question of whether...

Transfer pricing is relevant in three different contexts: From a managerial perspective, intra-firm transfer prices are employed to set incentives for sub-divisional managers to enhance efficient allocation of resources. From an international tax perspective, transfer pricing rules under the...

The paper attempts to outline the concept of anti-abuse doctrine in tax cases developed by the European Court of Justice. In order to identify the underlying theory it focuses on the topic of “choice”, i.e. it examines the relevant cases according to the question of which choices are...

The responsibility for the accuracy and reliability of the annual and consolidated accounts of a company rests with a number of institutions such as the company's board, audit committees and the different types of standard setters. In recent years, also capital market authorities and their...

The future of domestic and European group taxation is widely debated in political and business circles, as well as in the academic world. This article addresses the numerous political and systematic issues of group taxation through a three step approach. First, it defines the diverse fundamental...