Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Methods for Elimination of Double Taxation under Double Tax Treaties – with Particular Reference to the Application of Double Tax Treaties in Sweden

Authors: Kleist, David;

Methods for Elimination of Double Taxation under Double Tax Treaties – with Particular Reference to the Application of Double Tax Treaties in Sweden

Abstract

Kleist, D. 2012. Methods for Elimination of Double Taxation under Double Tax Treaties – with Particular Reference to the Application of Double Tax Treaties in Sweden. Iustus Förlag AB. Uppsala 2012. 372 pp. ISBN 978-91-7678-816-5. The study deals with the methods for elimination of double taxation that are applied in double tax treaties. The first aim of the study is to systematise and analyse the methods for elimination of double taxation under double tax treaties in order to gain a better understanding of how they work. A number of issues relating to the application of these methods are analysed. Since double tax treaties are applied by tax authorities, courts, and taxpayers in a domestic law context, i.e. within the framework of the legal system of a particular state, the analysis focuses on the application in Sweden of the methods for elimination of double taxation under double tax treaties. The second aim of the study is to evaluate in a few selected situations the two main methods for elimination of double taxation recommended by the OECD, namely exemption with progression and ordinary credit, on the basis of whether tax neutrality is achieved. For the purpose of this study, tax neutrality is deemed to be achieved when the taxation of income relating to a cross border transaction corresponds to the tax that would have been levied in either the state of residence (i.e. capital export neutrality, “CEN”) or in the other contracting state (i.e. capital import neutrality, “CIN”), had the cross border element not been present. Furthermore, for the purpose of this study, tax neutrality is deemed to be achieved if the taxation of income relating to a cross border transaction is within the range set by CEN and CIN. The evaluation shows that ordinary credit stands a greater chance than exemption with progression of achieving an outcome which is consistent with the goal of tax neutrality in the situations selected for study.

Country
Sweden
Related Organizations
Keywords

kapitalexportneutralitet, ordinary credit, modified exemption, tax sparing credit, RÅ 2010 ref. 112, capital import neutrality, maximum deduction, the OECD Model, exemption, interpretation of double tax treaties, CIN, foreign tax credit limitation, kapitalimportneutralitet, dubbelbeskattning, RÅ 2008 ref. 24, s modellavtal [OECD], dubbelbeskattningsavtal, limitation of the tax rate, double tax treaty, CEN, timing mismatch, allocation of expense, exemption with progression, subject identity, the Commentaries of the OECD Model, full credit, skatteavtal, model tax convention on income and on capital, capital export neutrality, attribution of income, RÅ 1996 ref. 84, alternativ exempt, double taxation, credit

  • BIP!
    Impact byBIP!
    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).
    0
    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.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
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!
0
Average
Average
Average
Green