VAT Neutrality

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Author :
Publisher : Primento
ISBN 13 : 2879747880
Total Pages : 227 pages
Book Rating : 4.8/5 (797 download)

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Book Synopsis VAT Neutrality by : Charlène Adline Herbain

Download or read book VAT Neutrality written by Charlène Adline Herbain and published by Primento. This book was released on 2015-05-04 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most major economies use a value added tax (VAT) which is a derivation of the French 1954 taxe sur la valeur ajoutée. The initial imposition of VAT in France and its spread around the world have been driven by economic reasons. This book focuses on one of these economic triggers: the neutrality of VAT as regards the functioning of the economy. It demonstrates that the reason VAT was chosen in France and why thereafter it spread around the world was because it offered the possibility to collect governmental revenue while allowing the economic forces of the market to interplay without being adversely affected. The prerequisite conditions for the existence of VAT neutrality are therefore identified herein along with an overview of the VAT mechanism, demonstrating that the concept of neutrality is built into the VAT system in a manner that allows for the preservation of the natural functioning of the market. After the definition of VAT neutrality is set forth, the elements that comprise VAT neutrality are tested against the realities on the ground and the issues that infringe the neutrality of VAT are identified and analysed. In conclusion, remedies for these issues are being sought by a review of the causes of infringement of VAT neutrality in the perspective of selected proposals for modified VAT systems. These proposals include redesignating the place where VAT is levied and improving VAT collection. Ultimately, the proposed solution has recourse to the roots of VAT together with the most advanced technological tools available to give back to VAT the power to levy revenue while letting the economic forces of the market interplay without instigating any adverse influence.

The EU VAT System and the Internal Market

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Author :
Publisher : IBFD
ISBN 13 : 9087220472
Total Pages : 403 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis The EU VAT System and the Internal Market by : Rita de La Feria

Download or read book The EU VAT System and the Internal Market written by Rita de La Feria and published by IBFD. This book was released on 2009 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis focuses upon VAT in the context of the Community's internal market. Its central aim is to prove that the current EU VAT system is incompatible with the concept of internal market as set out in the EC Treaty and interpreted by the Court of Justice. The study commences with an analysis of the concept of internal market, the main objective of which is to establish the basic legal framework for the proposed thesis. As part of this examination, it is demonstrated that the EC Treaty creates a temporally unlimited obligation for the Community to approve legislation with the aim of establishing and improving the functioning of the internal market. By analysis of existing EU VAT jurisprudence, it is argued that obstacles cannot be overcome through incremental developments emerging from the Court of Justice, but can only be resolved by fundamental and substantive legislative amendment.

Integration of Cultural Considerations in European Union Law and Policies

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004162399
Total Pages : 421 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Integration of Cultural Considerations in European Union Law and Policies by : Evangelia Psychogiopoulou

Download or read book Integration of Cultural Considerations in European Union Law and Policies written by Evangelia Psychogiopoulou and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC in the process.

Fundamentals of EU VAT Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523441
Total Pages : 643 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Fundamentals of EU VAT Law by : Frank Nellen

Download or read book Fundamentals of EU VAT Law written by Frank Nellen and published by Kluwer Law International B.V.. This book was released on 2020-08-19 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.

European VAT and the Sharing Economy

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514426
Total Pages : 378 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European VAT and the Sharing Economy by : Giorgio Beretta

Download or read book European VAT and the Sharing Economy written by Giorgio Beretta and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: A breadth of new digital platforms has dramatically expanded the range of possibilities for exchanging anything required by business or personal needs from accommodation to rides. In the virtual marketplaces shaped and ruled by these novel matchmakers, rather than by a single centralized entity, value is created through the granular interaction of many dispersed individuals. By allowing instantaneous and smooth interaction among millions of individuals, platforms have indeed pushed the digital frontier farther and farther, so as to include within it even services once not capable of direct delivery from a remote location such as accommodation and passenger transport. Legal disruption is also underway with foundational dichotomous categories, such as those between suppliers and customers, business and private spheres, employees and self-employed, no longer viable as organizational legal structures. This is the essential background of the first book to relate what is synthetically captured under the umbrella definition of ‘sharing economy’ to key features at the core of European Value Added Tax (EU VAT) and to look at the feasibility of a reformed EU VAT system capable of addressing the main challenges posed by these new models of production, distribution and consumption of goods and services. Specifically, the study analyses five legal propositions underpinning the current EU VAT system as the following: taxable persons; taxable transactions; composite supplies; place of supply rules; and liability regimes for collection and remittance of VAT. Exploration of these five legal propositions is meant to assess the practical feasibility of shoehorning the main sharing economy business models – notably, those available in the accommodation and passenger transport sectors – into the framework of existing EU VAT provisions. The author further draws on the normative standards of equality, neutrality, simplicity, flexibility and proportionality to test the ‘reflexes’ of the current EU VAT system in the sharing economy domain. Opportunities for reform of the current EU VAT system are in turn evaluated with each chapter including cogent proposals in the form of incremental and targeted amendments to the current EU VAT provisions. As the first comprehensive analysis of the treatment of the sharing economy for VAT purposes, the book provides not only a theoretical framework for future studies in the tax field but also indispensable practical guidance for VAT specialists confronting daily with the many challenges ushered in by the sharing economy. Moreover, the various solutions and recommendations advanced in the book offer valuable insights to international and national policymakers dealing with similar issues under other VAT systems.

A Guide to the European VAT Directives

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Author :
Publisher : IBFD
ISBN 13 : 9087221258
Total Pages : 1317 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis A Guide to the European VAT Directives by : Ben Terra

Download or read book A Guide to the European VAT Directives written by Ben Terra and published by IBFD. This book was released on 2012 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Documents

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Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Documents by :

Download or read book Documents written by and published by . This book was released on 1999 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Double (Non-)Taxation and EU Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194118
Total Pages : 460 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Double (Non-)Taxation and EU Law by : Christoph Marchgraber

Download or read book Double (Non-)Taxation and EU Law written by Christoph Marchgraber and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everywhere,new tax rules are under development to engage with the ever-increasing complexity and sophistication of aggressive tax planning and to reverse the tax base erosion it leads to. The most prominent initiative in this context is the Base Erosion and Profit Shifting (BEPS) project of the OECD. Although double non-taxation is among the main issues the BEPS project intends to address, this book shows that this phenomenon has not yet been fully understood. Focusing on the fundamental freedoms and the State aid rules of the EU, this book thoroughly explains the nature of double non-taxation from an EU law perspective, its relation to double taxation, and the impact of EU law on these phenomena. Among the issues dealt with in the course of the analysis are the following: – locating the gaps and inconsistencies among domestic tax systems exploited by taxpayers; – hybrid mismatch arrangements as a prime example of double non-taxation; – political efforts undertaken within the EU in order to address double taxation and double non-taxation; – double non-taxation in the European VAT system; – the convergence of the fundamental freedoms and the State aid rules; – the ECJ’s dilemma with regard to juridical double taxation; – the deviating approach with regard to economic double taxation; – the potential impact of the ECJ’s case law on the EU law compatibility of double non-taxation. The tax jurisprudence of the ECJ is referred to and comprehensively analysed throughout this whole book. A final chapter provides an outlook on possible developments in the future. By providing the first in-depth analysis of EU law’s impact on double non-taxation – and the double taxation relief standards with which it is intimately related – this book takes a giant step towards greater legal certainty in this challenging area of tax law. It will quickly take its place as a major practical analysis which benefits tax authorities, scholars, and tax practitioners across Europe and even beyond.

Bulletin of the European Communities

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Author :
Publisher :
ISBN 13 :
Total Pages : 566 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Bulletin of the European Communities by :

Download or read book Bulletin of the European Communities written by and published by . This book was released on 1994 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Abuse of EU Law and Regulation of the Internal Market

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254048
Total Pages : 452 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Abuse of EU Law and Regulation of the Internal Market by : Alexandre Saydé

Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Autonomy and Demilitarisation in International Law: The Åland Islands in a Changing Europe

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004639705
Total Pages : 368 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Autonomy and Demilitarisation in International Law: The Åland Islands in a Changing Europe by : Horn

Download or read book Autonomy and Demilitarisation in International Law: The Åland Islands in a Changing Europe written by Horn and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Åland Islands constitute a very special case in international law. This island territory under Finland's sovereignty has been demilitarised and neutralised for more than one hundred and forty years and autonomous for more than seventy years. In 1921 the Council of the League of Nations laid down international guarantees for the autonomy and the Swedish character of Åland, and a multilateral convention on Åland's demilitarisation and neutralisation was concluded in the same year. The convention is still in force and Åland's autonomy is firmly anchored in both customary international law and Finnish constitutional law. This volume is the first to comprehensively analyse Åland's international legal status. Coverage of its articles includes: analyses of the status and content of Åland's autonomy, military issues, and the relationship between Åland and the EU. The solution achieved for Åland may provide a valuable model of autonomy. This book is important not only for experts and students of international law, but for anyone concerned with territorial autonomy as a possible means for enhancing political rights of minorities.

Bulletin of the European Union

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Author :
Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Bulletin of the European Union by :

Download or read book Bulletin of the European Union written by and published by . This book was released on 1994 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Official Journal of the European Communities

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Author :
Publisher :
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Official Journal of the European Communities by :

Download or read book Official Journal of the European Communities written by and published by . This book was released on 1998 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Vacher's European Companion

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Publisher :
ISBN 13 :
Total Pages : 1026 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Vacher's European Companion by :

Download or read book Vacher's European Companion written by and published by . This book was released on 1994 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt:

USITC Publication

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Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis USITC Publication by :

Download or read book USITC Publication written by and published by . This book was released on 1991 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tax Co-ordination in the EU

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Author :
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Tax Co-ordination in the EU by : Ben Patterson

Download or read book Tax Co-ordination in the EU written by Ben Patterson and published by . This book was released on 2002 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

1992, the Changing Legal Landscape for Doing Business in Europe

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Author :
Publisher :
ISBN 13 :
Total Pages : 1040 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis 1992, the Changing Legal Landscape for Doing Business in Europe by :

Download or read book 1992, the Changing Legal Landscape for Doing Business in Europe written by and published by . This book was released on 1989 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: