(DOWNLOAD) "Twilight of the Neanderthals, Or are Bilateral Double Taxation Treaty Networks Sustainable?" by Melbourne University Law Review * Book PDF Kindle ePub Free
eBook details
- Title: Twilight of the Neanderthals, Or are Bilateral Double Taxation Treaty Networks Sustainable?
- Author : Melbourne University Law Review
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 406 KB
Description
[The networks' of bilateral double taxation treaties that have developed since the Second Worm War are regarded by many as being very successful. Double taxation treaties had their origins in treaties entered into by continental European countries prior to the First World War. Reflecting these origins, bilateral double taxation treaties have adopted a schedular approach with different rules for different types of income. When relieving residence source double taxation using the credit method, double taxation treaties adopt a measured approach under which tax paid in the source country is relevant to the determination of the nature and extent of the relief granted by the residence country. Critics of bilateral treaties have argued that their schedular structure does not represent a principled approach to the problem and that their measured approach means that relief they provide through a credit method becomes highly complex. Through an examination of Australian practice of treaty negotiation and administration this' article identifies several practical reasons for the success' of bilateral double taxation treaties despite their allegedly less principled and arguably complex approach. The article then examines threats to the sustainability of bilateral double taxation treaty networks. Having regard to these threats to the sustainability of bilateral double taxation treaty networks the article then discusses possible responses to these threats, including unilateral adoption of a composite lax system providing notional relief and the multilateral adoption in trading blocs of such a tax system.] I INTRODUCTION