National tax policy is one product of the classic Lockean social contract between individuals and government. But countries are now so economically interdependent that one nation's tax policies can profoundly undermine another's attempts to implement the bargain. This article argues that tax...

Since many years, international tax law experts debate the relevance of changes to OECD Commentaries for the purpose of the interpretation of previously concluded tax treaties. Although, generally, most experts seem averse to the idea of an ambulatory approach to the usage of OECD Commentaries,...

This article considers the application of BEPS Action 2 to trust-based hybrid mismatches. It demonstrates that the recommendations in the BEPS Action 2 Report do not address trust mismatches in a sensible and systematic way. Trust mismatches should be the subject of further work to develop rules...

Before 2017, there were two major international movements going on at the same time: (1) the Trans-Pacific Partnership (TPP) Agreement; and (2) the Organization for Economic Cooperation and Development’s (OECD’s) Base Erosion and Profit Shifting (BEPS) Project. The movements presented a...

After abolishing the wealth tax in a number of European countries during recent decades, increasing income and wealth inequality have spurred the discussion of reintroducing a wealth tax in a number of countries. This has refuelled the heated discussion in the popular press about the wealth...

Value added tax (VAT) has been a handy instrument, particularly in the financing of European governments during the last quarter of the twentieth century, when their expenditures were rising rapidly. This suggested to many that there could be an association between the share of VAT revenues in...

Through the base erosion and profit shifting (BEPS) Project, the OECD is currently attempting to address the international tax system's ongoing problems of base erosion and profit shifting. It aims to do so by introducing additional coordinated measures, while also rethinking and improving...

The article aims to demonstrate how EU law and the OECD are establishing a unifying conceptual framework in which the two different seminal phenomena, "tax abuse" and "aggressive tax planning", can be acknowledged in the new (global) operating environment. The purpose of this article is to...

Country-by-country reporting (CbCR) has become the global standard on corporate tax transparency within only 6 years after the release of the OECD BEPS reports in 2015. Recently, the European Union extended the scope of CbCR towards public disclosure of the reports. Despite the widespread...

It is widespread practice around the world that corporate entities pay taxes to the country where they are formally registered and to the country in whose territory they generate income. While the former is generally known as the "country of residence" the latter is usually referred to as the...