Title:
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Legal and policy perspectives on treaty shopping with special emphasis on equity and neutrality: pending issues and possible solutions
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International tax planning lies in the borderline between legal and policy focus. Whilst
its legal dimension is rather straightforward, policy elements may stem from various
economic, political or even moral sources and, therefore, require some common
ground for evaluation. In this respect, the fundamental principles of equity (or
fairness) and neutrality (or efficiency) may assist in filtering all relevant ideas into a
consistent and integral conceptual environment.
It is exactly in this conceptual environment that the improper and/or abusive use of tax
treaties, commonly referred to as "treaty shopping", is examined. The current study
represents a modest contribution to the debate on treaty shopping, which is deemed to
be one of the sharpest edges of modern international tax planning. The study.
principally, attempts to supplement the reader with a consistent legal and policy
framework of the most highly acclaimed anti-treaty shopping approaches both in a
treaty and a domestic context. Moreover, this study extends to peripheral aspects of
tax treaty abuse, such as its possible linkages with international trade imperatives or
its compatibility with regional trading blocs' objectives and policies. In the latter case,
tax coordination policies in the European Union serve as an example. The basic
purpose of the thesis is to arrive at effective and pragmatic solutions to well-defined
treaty abuse problems, as they might stem from general research. Any proposed
solution must conform, to the extent possible, to equity and neutrality concerns.
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