Archive | International Taxation

Limitations of Double Tax Treaties

In this article we will discuss about the limitations of double tax treaties. (i) The other Contracting State does not exercise its allocated rights to tax under a treaty, or (ii) A tax treaty gives the State the right to tax, but no tax is due under its domestic law. Only the domestic tax law […]

Remedies against Treaty Overrides

Treaty violations could be either the result of a treaty breach or a fundamental change of circumstances. A treaty breach could arise when the State legislates in breach of a treaty provision, and applies its law to actual tax situations. Such legislation will be treated as an override only if the treaty partner disapproves of […]

Vienna Convention on the Law of Treaties (VCLT)

In this article we will discuss about the Vienna Convention on the Law of Treaties (VCLT). (i) Background: The rules under the Vienna Convention on the Law of Treaties (VCLT) apply to all international treaties, including tax treaties. The Vienna Convention on the Law of Treaties (VCLT) was adopted on May 22, 1969 and entered […]

Model Tax Conventions: Background and Benefits

In this article we will discuss about the model tax conventions:- 1. Historical Background of Model Tax Conventions 2. How do Model Tax Treaties Work 3. Relief against Juridical Double Taxation 4. Benefits of the Model Tax Treaties – Some Examples 5. OECD and UN Model Conventions – Comments. Contents: Historical Background of Model Tax […]

Treaty of European Union

In this article we will discuss about the treaty of European union. Introduction to Treaty of European Union: Several European countries established a common market under the Treaty of Rome (effective from 1958). This European Economic Community was eventually superseded by the Treaty of European Union (also called the Treaty of Maastricht or EC Treaty), […]

OECD Initiative on Harmful Tax Competition

In this article we will discuss about:- 1. Background of OECD Initiative 2. Historical Development of OECD Initiative 3. Comments. Background of OECD Initiative: Harmful competition arises due to mismatches in the existing tax systems of countries that can be exploited by taxpayers. Such economic behaviour may be considered as unacceptable tax avoidance by certain […]

International Tax Law and Double Taxation

In this article we will discuss about international tax law and double taxation:- 1. Definition of International Tax Law 2. Double Taxation 3. Connecting Factor Conflicts of Double Taxation 4. Dual Role of Treaties 5. Country Examples of International Tax Law 6. Is International Tax Law Enforceable 7. International Tax Principles and Tax Treaties – […]

How International Treaties Come into Force?

International treaties regulate the relations between international persons or States under international law. The term “treaty” refers to an agreement, which is concluded between sovereign States in written form. It is a generic term used to cover a convention, agreement, arrangement, protocol or exchange of notes. A treaty is initialed after negotiations and then signed. […]

Tax Residence for Individuals, Companies and Others

In this article we will discuss about the tax residence for individuals, companies and others. Residence of Individuals: General: The tax residence of individuals is normally decided on factors that can be determined by external observation. Generally, it is based either on: (a) The “physical presence” in the country or (b) The “facts and circumstances” […]

Principles of Domestic Tax Systems

In this article we will discuss about the principles of domestic tax systems. General Principles of Domestic Tax Systems: As early as 1776, Adam Smith prescribed the four principles of taxation in his book on the “Wealth of Nations” as follows: (a) Equity: The tax payable should accord with the ability to pay, or the […]

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