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Beneficial Ownership in Tax Law and Tax Treaties

By: Pablo A Hernández González-Barreda
Media of Beneficial Ownership in Tax Law and Tax Treaties
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Published: 28-05-2020
Format: PDF eBook (?)
Edition: 1st
Extent: 352
ISBN: 9781509923090
Imprint: Hart Publishing
RRP: £81.00
Online price : £64.80
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About Beneficial Ownership in Tax Law and Tax Treaties

This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in both national and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to scholars and practitioners from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance.

Table Of Contents

1. Introduction
2. Beneficial Ownership: From Conscience to Liberalism and Law
I. The Historical Evolution of Beneficial Ownership and Relation to Other Concepts
II. Beneficial Ownership Nowadays
III. Beneficial Ownership and the Tension between Ownership as a Strong Right and Beneficiary Rights as a
Flexible Matter
3. Beneficial Ownership in Tax Law
I. Ability to Pay, Allocation of Income and Beneficial Ownership
II. The Two Principles
III. What is Beneficial Ownership in Tax Law of Common Law Countries? A Set of Allocation Principles and Rules Balancing Substantive Law Ownership as a Primary Right to Income and Control Claimable before Court, and the Duty to Pay Taxes and Prevention of Avoidance
4. From Domestic Tax Law to Tax Treaties: How Beneficial Ownership Jumped from US and UK Tax Treaty Policy into the Worldwide Tax Treaty Network
I. US and UK Tax Treaty Policy Towards Intermediaries (1930–1977)
II. Crossing the Atlantic: From US Tax Treaty Policy to the UK
5. Changing Skin in the OECD Model: What do Intermediaries in Continental Law and Common Law have in Common?
I. The Wording and the 1977 OECD Original Meaning of the Terms
II. Broadening the Rule: Is Beneficial Ownership a GAAR under the 2003 Commentary?
III. Beneficial Ownership and Allocation of Income in Relation to Hybrid Vehicles
IV. Clarifying What has Always been there: The 2014 Changes to the Commentary
V. Beneficial Ownership and the Post-BEPS Era: New Rules and Conflicts between Beneficial Ownership and the PPT and LOB Tests
VI. The 2019 United Nations Update Draft
6. Beneficial Ownership and EU Law
I. Beneficial Ownership in the Interest and Royalties Directive: The Danish Cases
II. Beneficial Ownership in the Parent–Subsidiary Directive
III. The Directive of Administrative Cooperation and Beneficial Ownership
7. Beneficial Ownership in Exchange of Information for Tax Matters
I. International Instruments of Exchange of Information and Beneficial Ownership
II. Beneficial Ownership in Exchange of Information in EU Law
III. The UK Registers on Beneficial Ownership
IV. Data Protection, Privacy and Beneficial Ownership Registers: The Relevance of Beneficial Ownership in Exchange of Information for Allocation of Income
8. Final Remarks
I. Beneficial Ownership in Equity
II. Beneficial Ownership in Tax Law
III. Beneficial Ownership in Tax Treaties
IV. Beneficial Ownership in Exchange of Information for Tax Matters
V. Recommendations and Future of Beneficial Ownership


“The analysis and comment are a very useful aid, particularly in the context of double taxation relief claims.” –  Stephen Arthur TEP, Temple Tax Chambers, STEP Journal

“This book, which is based on sound historical research, brings a fresh and up-to-date perspective on the definition of the term [beneficial owner] for tax treaty matters … This book is an obligatory read for anyone who wants to improve their understanding of the evolution of the term and its purpose even prior to its inclusion on the OECD Model Tax Convention.” –  Fernando Souza de Man, Maastricht University, Intertax

“From the foreword:
We in the United Kingdom think we know what beneficial ownership means, although the author is right in saying that we cannot explain it, and we think we know what it must have been intended to mean in tax treaties, but it required Pablo Hernández from Spain to make us see all the contradictions that are involved and make sense of them by including interesting civil law comparisons.
” –  Dr John Avery Jones CBE,

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