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Gabor Baranyai
Intertax
Volume 42, Issue 6/7 (2014) pp. 470 – 480
https://doi.org/10.54648/taxi2014044
Abstract
This article discusses some of the international taxation aspects of cross-border short-term employment. The main aim of the article is to analyse how such employment can trigger source taxation, and to provide an assessment on the related theoretical and practical issues. The article provides an overview of the current OECD framework and also discusses the OECD's proposed approach related to the PE-concept. The author analyses the criticism of the current OECD Commentary, and provides its own view on matters related to the concepts of 'economic employer' and the risks related to PE exposure.
Extract
Debt and equity can be structured to resemble one another through hybrid financial instruments. In this contribution the emphasis is on the tax issues related to debt-flavoured equity instruments in international tax law. This most important example of such instruments is preference shares. The article introduces the financial construction of preference shares and presents the rationale behind the existence hereof. As the main contribution the article presents an analysis of the international tax law aspects of preference shares, which includes a comparative overview, emphasizing the domestic tax classification and treatment in the United States, Germany, and Denmark. Moreover, the classification and treatment according to EU tax directives and double tax treaties is presented.
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