TY - JOUR
T1 - A General Income Inclusion Rule as a Tool for Improving the International Tax Regime
T2 - Challenges Arising from EU Primary Law
AU - Schmidt, Peter Koerver
PY - 2020
Y1 - 2020
N2 - The overall concept of the OECD’s Global Anti-Base Erosion Proposal is to develop a coordinated set of rules to address ongoing risks from profit shifting and to curb international tax competition. Two important components of the proposal are the income inclusion rule and the switch-over rule and, in this article, these components are examined in consideration of EU primary law. Depending on the final design of the rules, it is concluded that the proposed income inclusion rule – however, probably not the switch-over rule – may end up restricting the fundamental freedoms by treating comparable situations differently. Against that background, a number of policy options for designing the income inclusion rule in accordance with primary EU law requirements are presented, and pros and cons of these design options are discussed.
AB - The overall concept of the OECD’s Global Anti-Base Erosion Proposal is to develop a coordinated set of rules to address ongoing risks from profit shifting and to curb international tax competition. Two important components of the proposal are the income inclusion rule and the switch-over rule and, in this article, these components are examined in consideration of EU primary law. Depending on the final design of the rules, it is concluded that the proposed income inclusion rule – however, probably not the switch-over rule – may end up restricting the fundamental freedoms by treating comparable situations differently. Against that background, a number of policy options for designing the income inclusion rule in accordance with primary EU law requirements are presented, and pros and cons of these design options are discussed.
KW - Global anti-base erosion proposal (GloBE)
KW - EU tax law
KW - Fundamental freedoms
KW - Tax avoidance
KW - Tax competition
KW - Tax policy
KW - Global anti-base erosion proposal (GloBE)
KW - EU tax law
KW - Fundamental freedoms
KW - Tax avoidance
KW - Tax competition
KW - Tax policy
UR - https://sfx-45cbs.hosted.exlibrisgroup.com/45cbs?url_ver=Z39.88-2004&url_ctx_fmt=info:ofi/fmt:kev:mtx:ctx&ctx_enc=info:ofi/enc:UTF-8&ctx_ver=Z39.88-2004&rfr_id=info:sid/sfxit.com:azlist&sfx.ignore_date_threshold=1&rft.object_id=963017418032&rft.object_portfolio_id=&svc.holdings=yes&svc.fulltext=yes
M3 - Journal article
VL - 48
SP - 983
EP - 997
JO - Intertax
JF - Intertax
SN - 0165-2826
IS - 11
ER -