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A game of snakes and ladders - Tax Arbitration in an International and EU setting

Authors: Ramos Muñoz, David;

A game of snakes and ladders - Tax Arbitration in an International and EU setting

Abstract

Tax arbitration? Yes, that would be a very good idea... Yet the trend in different tax treaties to introduce mechanisms of dispute reslution labelled 'arbitration' immediately raises a very basic doubt: is this arbitration at all? The question is not a matter o semantics. Whether a mechanism of dispute resolution is considered arbitration in the legal sense affects the power of arbitrators to rule on their own jurisdiction, or to organize the proceedings, as well as the enforceability of the decision, or the evaluation of whether the procedure respected fundamental rights. The chapter examines all these uetsions in detail, concluding that, as convenient as tax treaty dispute resolution mechanisms may be for tax authorities, they are (extremely) short on safeguards for the taxpayer.

Countries
Italy, Spain
Keywords

tax, arbitration, competence competence, jurisdiction, powers, enforcement, fundamental rights, Arbitration, Derecho, International, Tax, Treaty, Jurisdiction

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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