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Hybrid Financial Instruments, Double Non-Taxation and Linking Rules

ISBN13: 9789403510743
Published: August 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £130.00

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Hybrid Financial Instruments, Double Non-taxation and Linking Rules focuses on the analysis of double non-taxation stemming from hybrid financial instruments (HFIs) and the solution provided by the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU) tackling double non-taxation related to cross-border HFIs. HFIs are widespread ordinary financial instruments that combine debt and equity features in their terms and design and may lead to double non-taxation across borders. This important book provides a deeply informed and critical analysis and guide to the ‘linking rules’ developed to combat double non-taxation stemming from HFIs within the framework of the Base Erosion and Profit Shifting project of the OECD and the anti-avoidance initiatives of the EU. These complex rules have now become essential in international taxation.

What’s in this book:

This book deals incisively with crucial theoretical and practical issues as the following:

  • Economic and legal reasons for financing business activity through debt instruments, equity instruments and/or HFIs;
  • Qualification of financial instruments from different perspectives such as economics, corporate finance, corporate law, financial accounting law, regulatory law and tax law and their interrelation;
  • The concept of double non-taxation as a mere outcome of parallel exercises of sovereignty by different states and the role it plays within the international debate;
  • The concepts of tax planning, tax avoidance and the misleading concept of aggressive tax planning within a tax competition international scenario and their relation with HFIs;
  • Comprehensive policy, legal and technical detail and explanation of the linking rules proposed by the OECD (i.e., BEPS Project Action 2) and the EU (e.g., Anti-Tax Avoidance Directive);
  • The (in)compatibility of linking rules with existing tax treaty rules and EU primary law.
The author refers throughout to relevant model convention provisions, EU case law and a vast number of references of official documentation and literature.

How this will help you:

With its detailed attention to the concept and legal nature of HFIs and double non-taxation, and critical and comprehensive analysis of the linking rules developed by the OECD and the EU, this provocative book allows to reconsider the legality of these linking rules and will quickly become a much-used problem-solving resource for policymakers, tax practitioners, tax authorities and tax academics. This book allows to rethink whether linking rules relate to a solution or create actual legal issues. This book will be an important practical guide in double non-taxation that will benefit practitioners, academics and officials.

List of Abbreviations
Hybrid Financial Instruments: From Corporate Logic to Tax Consequence – Cause
Double Non-taxation and the Allocation of Hybrid Financial Instrument in the International Tax Debate: A Problem?
Linking Rules under the OECD Approach: Technical Analysis and Legal (In)compatibility with the Current Legal Scenario – Solution?
Linking Rules under the EU Approach: Technical Analysis and Legal Assessment from an EU Law Perspective – Solution?

Series: Series on International Taxation

Exploring the Nexus Doctrine In International Tax Law ISBN 9789403533636
Published May 2021
Kluwer Law International
Exploring the Nexus Doctrine In International Tax Law (eBook) ISBN 9789403533643
Published May 2021
Kluwer Law International
Regulation and Tax in Space ISBN 9789403533933
Published May 2021
Kluwer Law International
Permanent Establishment: Erosion of a Tax Treaty Principle 2nd ed ISBN 9789403520612
Published July 2020
Kluwer Law International
International Taxation of Banking ISBN 9789403510941
Published February 2020
Kluwer Law International
Tax Treaty Residence of Entities ISBN 9789403513010
Published November 2019
Kluwer Law International
Tax and the Digital Economy: Challenges and Proposals for Reform ISBN 9789403503615
Published May 2019
Kluwer Law International
Taxation, Virtual Currency and Blockchain ISBN 9789403501031
Published December 2018
Kluwer Law International
International Taxation of Energy Production and Distribution ISBN 9789041191014
Published May 2018
Kluwer Law International
Winning the Tax Wars: Tax Competition and Cooperation ISBN 9789041194602
Published December 2017
Kluwer Law International
BRICS and International Tax Law ISBN 9789041194350
Published December 2017
Kluwer Law International
Legal Interpretation of Tax Law 2nd ed ISBN 9789041184733
Published October 2017
Kluwer Law International
General Anti - avoidance Rules for Major Developing Countries ISBN 9789041158390
Published October 2014
Kluwer Law International
Proportionality and Fair Taxation ISBN 9789041158383
Published October 2014
Kluwer Law International
Legal Interpretation of Tax Law ISBN 9789041149459
Published September 2014
Kluwer Law International
Out of print
Tax Reform in the 21st Century: A Volume in Memory of Richard Musgrave ISBN 9789041128294
Published July 2009
Kluwer Law International
Interpretation Double Taxation Conventions: General Theory and Brazilian Perspective ISBN 9789041128225
Published February 2009
Kluwer Law International
Sales Taxation ISBN 9789065443816
Published January 2002
Kluwer Law International
Taxation of Foreign Direct Investment ISBN 9789041197412
Published August 1999
Kluwer Law International
The Impact of State Sovereignty on Global Trade and International Taxation ISBN 9789041197030
Published May 1999
Kluwer Law International
Multilateral Tax Treaties ISBN 9789041107046
Published June 1998
Kluwer Law International
The Improper Use of Tax Treaties ISBN 9789041107374
Published June 1998
Kluwer Law International
Taxing Corporate Profits in the EU ISBN 9789041107039
Published September 1997
Kluwer Law International
Tax Treatment of Financial Instruments ISBN 9789065446664
Published June 1995
Kluwer Law International
Issues in International Partnership ISBN 9789065445773
Published July 1993
Kluwer Law International
Permanent Establishment: Erosion of a Tax Treaty Principle ISBN 9789065445940
Published October 1991
Kluwer Law International
Tax Treaties and EC Law
ISBN 9789041106803
Published November 1990
Kluwer Law International
International Juridical Double Taxation of Income ISBN 9789065444264
Published September 1989
Kluwer Law International
Nondiscrimination in International Tax Law ISBN 9789065442666
Published July 1988
Kluwer Law International
Tax Co-ordination in the European Community
ISBN 9789065442727
Published March 1987
Kluwer Law International
Towards Corporate Tax Harmonization in the European Community
Adolfo J. Martin JimenezAssociate Professorr of Tax Law, University of Cadiz Law School, Jerez de la Frontera, Spain
ISBN 9789041196903
Published December 1968
Kluwer Law International
International Studies in Taxation
ISBN 9789041196927
Published December 1968
Kluwer Law International